Lady Bird Deed States: Where They’re Legal

A Lady Bird Deed, also called an enhanced life estate deed, is a popular estate planning tool for passing real estate to heirs while avoiding probate. But one of the most important facts to know is that this deed is not available everywhere. Only a handful of states officially recognize Lady Bird Deeds, which means you need to understand where they are legal — and what your options are if you live elsewhere.

Only Legal in Five States

As of 2025, Lady Bird Deeds are officially recognized in just five U.S. states:

• Florida

• Texas

• Michigan

• Vermont

• West Virginia

If your property is located in one of these states, you may be able to use this powerful tool to avoid probate and keep full control during your lifetime.

Why State Recognition Matters

Because Lady Bird Deeds are created under state law, you cannot simply use one from another state and expect it to work. If you sign a Lady Bird Deed in a state where it is not recognized, the transfer may not be valid. This can result in:

• Your property being forced into probate despite your plans

• Confusion or disputes among your heirs

• Additional legal costs to fix title issues after your death

This is why confirming that your state allows Lady Bird Deeds is the first step before creating one.

Unique Benefits in Recognized States

Each state where Lady Bird Deeds are legal has its own nuances, but the core benefits are similar. Homeowners typically use them to:

• Avoid probate and transfer property automatically at death

• Keep the right to sell, refinance, or change beneficiaries at any time

• Preserve Medicaid eligibility while protecting the home from estate recovery

• Reduce legal fees compared to setting up a living trust

In some states, such as Florida and Texas, Lady Bird Deeds are widely used and well understood by attorneys, title companies, and courts, making them a reliable estate planning option.

If You Don’t Live in These States

If your property is not in one of the five recognized states, you still have ways to avoid probate. Options include:

• Transfer-on-Death (TOD) Deeds: Available in more than 30 states and function similarly

• Revocable Living Trusts: Work nationwide and can hold multiple assets

• Joint Tenancy with Right of Survivorship: Passes property automatically but limits flexibility

Choosing the right tool depends on your goals, family situation, and whether you plan to move in the future.

What You’ll Find in This Guide

In the sections that follow, we’ll break down the specific rules for each state that allows Lady Bird Deeds. You’ll learn how they work in Florida, Texas, Michigan, Vermont, and West Virginia — plus what to do if your state does not offer this option. By the end, you’ll know whether a Lady Bird Deed is available to you and what steps to take next.

Florida Lady Bird Deeds

Florida is the state where Lady Bird Deeds are most widely used and recognized. In fact, they are sometimes called “Florida enhanced life estate deeds” because of how common they are in estate planning. For many Florida homeowners, this tool offers an easy, affordable way to pass property to heirs without going through probate.

Key Benefits in Florida

Florida law makes Lady Bird Deeds especially attractive for several reasons:

• Avoids Probate Automatically: Property transfers directly to the named beneficiaries without a court proceeding.

• Keeps Full Control: You can sell, mortgage, or change beneficiaries during your lifetime without asking anyone’s permission.

• Medicaid Protection: Florida’s Medicaid rules generally do not treat a Lady Bird Deed as a disqualifying transfer, so your home is protected from estate recovery if executed correctly.

• Maintains Homestead Protections: You keep your Florida homestead tax exemption and creditor protections while alive.

These benefits make the Lady Bird Deed a popular alternative to a revocable living trust when the primary concern is transferring a homestead or single property.

Requirements for a Valid Florida Lady Bird Deed

To be valid, a Florida Lady Bird Deed must:

• Clearly reserve an enhanced life estate for the owner

• Name remainder beneficiaries who will inherit the property

• Be signed in front of two witnesses and a notary

• Include the full legal description of the property

• Be recorded in the county where the property is located

Missing any of these requirements can make the deed invalid and force the property through probate.

When to Use a Lady Bird Deed in Florida

A Lady Bird Deed works best if:

• Your main asset is your homestead property

• You want a low-cost solution to avoid probate

• Your beneficiaries are adults and can manage property ownership after your death

• You do not need complicated provisions like staged distributions or asset protection after death

If you have a more complex estate or want to control how and when your beneficiaries receive property, a trust might be a better option.

Common Mistakes to Avoid

Even in Florida, where Lady Bird Deeds are common, mistakes happen. Some of the most frequent include:

• Using generic online forms without Florida-specific language

• Failing to record the deed before the owner’s death

• Forgetting to update the deed when a beneficiary dies or family circumstances change

Working with a Florida estate planning attorney helps ensure the deed is properly drafted and recorded.

Bottom Line for Florida Homeowners

For Florida residents, a Lady Bird Deed is one of the simplest and most effective ways to pass real estate to loved ones while avoiding probate. It preserves your homestead protections, works well for Medicaid planning, and lets you stay in control for life.

Texas Lady Bird Deeds

Texas is another state where Lady Bird Deeds are legally recognized and commonly used, though here they are more formally referred to as Enhanced Life Estate Deeds. Texas is unique because it also allows Transfer-on-Death (TOD) Deeds, which can create some confusion for homeowners choosing between the two options.

Lady Bird Deed vs. TOD Deed in Texas

Both tools help you avoid probate, but they work slightly differently:

• Lady Bird Deed: Lets you keep complete control during your lifetime — you can sell, mortgage, or revoke the deed at any time.

• TOD Deed: Transfers automatically at death but does not allow the same level of control once recorded; revoking or changing it requires filing a new deed.

For homeowners who value maximum flexibility, the Lady Bird Deed is often the better choice.

Benefits of Using a Lady Bird Deed in Texas

Texas homeowners often choose Lady Bird Deeds because they:

• Avoid probate, which can be expensive and time-consuming

• Preserve Medicaid eligibility (if drafted correctly)

• Keep property tax exemptions intact, including the homestead exemption

• Allow multiple beneficiaries, including individuals, trusts, or charities

This makes them ideal for people whose primary estate planning goal is to transfer a homestead property smoothly and affordably.

Legal Requirements in Texas

To be valid, a Texas Lady Bird Deed must:

• Include enhanced life estate language clearly reserving the grantor’s rights

• Name specific remainder beneficiaries

• Be signed and notarized according to Texas property code requirements

• Be recorded in the county where the property is located

Failing to record the deed before the grantor’s death can void the transfer and send the property to probate.

Example of Use

Consider a Texas homeowner with one adult child as the sole heir. Rather than creating a trust, they can use a Lady Bird Deed to name the child as the remainder beneficiary. When the owner dies, the child becomes the owner automatically, with no court process. If the parent wants to sell or refinance before death, they can still do so without the child’s permission.

When to Choose TOD Instead

A TOD Deed may be a good alternative if:

• You want a simple transfer and do not need to retain extensive rights

• You prefer a document that is specifically authorized under Texas Estates Code

• You are comfortable with less flexibility

An estate planning attorney can help you decide which deed better fits your goals.

Bottom Line for Texas Homeowners

Texas residents benefit from having two strong probate-avoidance tools: the Lady Bird Deed and the TOD Deed. If flexibility and lifetime control are priorities, the Lady Bird Deed is the preferred solution. Just be sure it is drafted correctly and recorded on time to ensure a smooth transfer.

Michigan Lady Bird Deeds

Michigan is one of the states that helped popularize the use of Lady Bird Deeds, and they remain a widely accepted estate planning option here. Michigan courts and title companies are familiar with these deeds, making them a reliable way to transfer property outside of probate.

Why Lady Bird Deeds Are Popular in Michigan

Michigan homeowners often turn to Lady Bird Deeds because they offer a simple, cost-effective way to pass property to heirs. The key benefits include:

• Avoiding Probate: Property passes directly to named beneficiaries at death, saving time and legal fees.

• Maintaining Control: You can revoke the deed, change beneficiaries, or sell the property without their consent.

• Medicaid Planning: Michigan generally does not treat Lady Bird Deeds as a disqualifying transfer, which helps protect the home from Medicaid estate recovery.

• Preserving Property Tax Benefits: Your homestead exemption continues during your lifetime.

Legal Requirements in Michigan

A valid Michigan Lady Bird Deed must:

• Contain language reserving the enhanced life estate

• Clearly identify the remainder beneficiaries

• Be signed by the property owner and notarized

• Be recorded with the register of deeds in the county where the property is located

If the deed is not recorded before the owner’s death, the property may still go through probate.

Example Scenario

A Michigan homeowner with a cottage up north wants to leave it to their two children but avoid a lengthy probate process. By using a Lady Bird Deed, the children automatically become owners at the parent’s death. If the parent later decides to sell the cottage, they can do so without needing the children’s signatures.

Potential Pitfalls in Michigan

Even though these deeds are common, there are a few mistakes to watch out for:

• DIY Forms Without Legal Review: Missing or incorrect language can make the deed ineffective.

• Not Updating Beneficiaries: If a named beneficiary dies before you, the deed should be updated to reflect your current wishes.

• Conflicts Between Multiple Beneficiaries: If more than one child inherits the property, disagreements about selling or maintaining it can arise.

An attorney can help include backup beneficiaries and ensure the deed fits your overall plan.

When a Trust May Be Better

In Michigan, a revocable living trust might be a better choice if:

• You own multiple properties in different counties or states

• You want to control how the property is managed after your death

• You need to provide for minor children or beneficiaries with special needs

A trust offers more flexibility but is more expensive and requires ongoing management.

Bottom Line for Michigan Homeowners

For many Michigan residents, a Lady Bird Deed is an efficient way to transfer property while keeping control during life. It is inexpensive, widely recognized, and works well for simple estates focused on passing a primary residence or vacation home.

Vermont & West Virginia Lady Bird Deeds

While Florida, Texas y Michigan son los estados más conocidos por el uso de Lady Bird Deeds, Vermont y West Virginia también reconocen esta figura legal. Aunque su uso es menos común, estas jurisdicciones ofrecen a los propietarios la posibilidad de evitar el proceso de probate y transferir propiedades de manera eficiente.

Vermont Lady Bird Deeds

En Vermont, los Lady Bird Deeds son válidos siempre que cumplan con los requisitos formales establecidos por el estado. Este tipo de deed es especialmente útil para:

• Propietarios que quieren simplificar la sucesión de una sola propiedad

• Personas interesadas en evitar probate en áreas rurales donde los procesos pueden ser largos

• Familias que buscan mantener la propiedad dentro del linaje familiar

Para ser válido, un Vermont Lady Bird Deed debe:

• Reservar expresamente el enhanced life estate al grantor

• Identificar claramente a los remainder beneficiaries

• Estar firmado y notarizado conforme a la ley estatal

• Ser registrado en la oficina del registro de escrituras del condado correspondiente

Dado que no todos los abogados en Vermont están familiarizados con esta herramienta, es recomendable trabajar con un estate planning attorney con experiencia en este tipo de documentos.

West Virginia Lady Bird Deeds

West Virginia también reconoce el uso de Lady Bird Deeds, aunque su aplicación no es tan generalizada como en Florida o Texas. Son especialmente útiles para propietarios de vivienda principal o tierras familiares.

Los beneficios clave incluyen:

• Transferencia automática de propiedad al fallecimiento sin intervención de la corte

• Mantenimiento del control total del propietario durante su vida

• Protección potencial contra el Medicaid Estate Recovery cuando se redactan correctamente

Para que el deed sea válido en West Virginia, debe:

• Incluir lenguaje específico que reserve los derechos de venta, hipoteca y revocación

• Estar correctamente ejecutado ante notario

• Ser presentado para registro en el county clerk antes de la muerte del grantor

Consideraciones Especiales

En ambos estados es fundamental:

• Verificar que se cumplan las formalidades de testigos y notarización

• Usar descripciones legales completas y precisas de la propiedad

• Registrar el deed de inmediato para evitar problemas de título en el futuro

Además, dado que los Lady Bird Deeds no son tan comunes en estos estados como en Florida o Texas, es importante trabajar con profesionales locales que entiendan las prácticas y requisitos de su jurisdicción.

Cuándo Considerar Alternativas

Si la propiedad es compleja, hay múltiples beneficiarios en desacuerdo o se necesita control posterior a la muerte (como para protección de menores o planificación fiscal), un revocable living trust puede ofrecer una solución más completa.

Bottom Line para Vermont y West Virginia

Aunque menos conocidos, los Lady Bird Deeds en Vermont y West Virginia son herramientas poderosas para evitar probate y mantener el control sobre la propiedad durante la vida del propietario. Con la asesoría adecuada y un registro correcto, pueden simplificar significativamente el traspaso de bienes a los herederos.

Alternatives in Other States

If you live in a state that does not recognize Lady Bird Deeds, you still have several effective ways to avoid probate and pass property to your heirs efficiently. Understanding these alternatives helps you choose the right tool for your situation.

Transfer-on-Death (TOD) Deeds

Many states offer Transfer-on-Death (TOD) Deeds or Beneficiary Deeds, which work similarly to a Lady Bird Deed. With a TOD Deed:

• You name one or more beneficiaries who will inherit the property automatically at your death

• You retain full ownership and control during your lifetime

• You can revoke or change the TOD Deed by filing a new one

TOD Deeds are available in more than 30 states, including California, Ohio, and Arizona. They are often the closest substitute to a Lady Bird Deed for homeowners outside the five recognized states.

Revocable Living Trusts

A revocable living trust is another popular way to transfer property without probate, and it is valid in every state. Key benefits include:

• Allows you to include multiple properties and assets in one plan

• Provides detailed instructions for what happens after your death

• Can protect assets for minor children or beneficiaries with special needs

• Offers privacy because trust documents are not part of the public record

While trusts involve higher upfront costs and require formal funding (transferring property title into the trust), they offer much more control and flexibility than a deed alone.

Joint Tenancy with Right of Survivorship

In some cases, adding a co-owner as a joint tenant with right of survivorship can bypass probate because the surviving owner automatically inherits the property. However, this method has drawbacks:

• You give up partial control because the co-owner must consent to any sale or refinance

• The co-owner’s creditors can attach liens to the property

• It can create tax disadvantages compared to a Lady Bird Deed or TOD Deed

This strategy is best used in very simple cases, such as a married couple jointly owning a primary residence.

Payable-on-Death (POD) Designations for Financial Accounts

If your goal is broader estate planning, you can also use POD or beneficiary designations on bank accounts, retirement plans, and other assets to avoid probate for those funds. Combining a TOD Deed or trust for real estate with POD designations for financial accounts can create a comprehensive probate-avoidance plan.

Which Option Is Best for You

Your decision will depend on:

• Your state’s laws and available deed options

• The number of properties you own

• Your family situation and goals (e.g., protecting minors, multiple beneficiaries)

• Whether you want to keep your estate plan private

An estate planning attorney can help you compare costs and benefits and choose the right option for your circumstances.

Key Takeaway

Even if Lady Bird Deeds are not available in your state, you still have strong tools to transfer property outside of probate. TOD Deeds and revocable living trusts are the most common solutions, and they offer similar benefits when set up correctly.

Choosing the Right Tool

Knowing which states allow Lady Bird Deeds is only the first step — the next is deciding whether this tool is the right fit for your situation. Your location, property type, and family circumstances all play a role in making the best choice.

Step 1: Confirm Your State

Start by checking whether your state is one of the five that recognize Lady Bird Deeds:

• Florida

• Texas

• Michigan

• Vermont

• West Virginia

If your property is located in one of these states, a Lady Bird Deed may be a strong option. If not, you should explore alternatives such as a Transfer-on-Death Deed or revocable living trust.

Step 2: Review Your Goals

Ask yourself what you want to accomplish with your estate plan:

• Do you want to avoid probate and transfer property quickly?

• Is Medicaid planning a priority for protecting your home?

• Do you have multiple properties or complex family arrangements?

• Do you want to control what happens beyond the first transfer (e.g., protect assets for children)?

Clear goals will help you choose between a simple deed and a more comprehensive trust-based plan.

Step 3: Consider Your Beneficiaries

Think about who will inherit your property:

• Are they financially stable and able to manage a home?

• Do you trust them to make decisions together if there are multiple heirs?

• Do any of them have creditor issues or divorce risks that could threaten the property?

A trust can offer better asset protection and management in complicated situations.

Step 4: Factor in Costs and Simplicity

One of the main advantages of a Lady Bird Deed is its low cost and simplicity. If you have a straightforward situation, this may be all you need. But if you have a large estate, multiple beneficiaries, or want detailed instructions for property use, the cost of creating a trust may be worth it.

Step 5: Get Professional Advice

Because estate planning laws vary by state, it is wise to consult an estate planning attorney in your area. They can:

• Confirm whether Lady Bird Deeds are valid where your property is located

• Draft the deed with the correct language to avoid future disputes

• Recommend alternatives if your goals require more complex planning

Making the Decision

For many homeowners in eligible states, a Lady Bird Deed strikes the perfect balance between control, simplicity, and cost savings. But it’s not the only option. Comparing all available tools ensures you create a plan that truly protects your property and meets your long-term goals.

Take Action Today

Whether you use a Lady Bird Deed, a TOD Deed, or a trust, the most important step is to act before it’s too late. Putting your plan in place now saves your family from legal headaches, delays, and unnecessary expenses later.