As of November 2026, Florida has no statutory transfer on death deed for real estate; chapter 689, which governs conveyances of land, has no such section. Florida does allow transfer on death registration for securities (sections 711.50 to 711.512) and pay on death bank accounts (section 655.82). Homeowners usually use a lady bird deed or a revocable trust.
If you have moved to Florida from a state like Arizona, Ohio or Texas, you may have used a transfer on death deed there: a recorded deed that names who gets the house at your death and does nothing until then. It is natural to look for the same tool here. This guide explains what Florida law actually provides and the alternatives Florida homeowners rely on.
Is there a transfer on death deed in Florida?
Not for real estate, as of this writing. Chapter 689 of the Florida Statutes governs conveyances of land, and its sections run from 689.01 through 689.302. None of them creates a transfer on death deed or adopts the Uniform Real Property Transfer on Death Act that many other states use. We found no 2026 bill on the Florida Senate's site that enacted one. Members of The Florida Bar's real property section have discussed proposing such a law, but a proposal is not law, and you should not sign a deed modeled on another state's statute.
Laws do change. If Florida enacts a transfer on death deed statute, we will update this article.
What do Florida homeowners use instead?
The closest Florida equivalent is the enhanced life estate deed, better known as the lady bird deed. You keep a life estate with full power to sell, mortgage or change the deed, and name who receives the property at your death. It is not created by statute, but it is long established in Florida practice, and the Florida Department of Revenue described it in Technical Assistance Advisement 20B4-004.
Here is how the main options compare.
| Option | Covers | Florida source | Main tradeoff |
|---|---|---|---|
| Lady bird (enhanced life estate) deed | One parcel of real estate | Common law instrument; DOR TAA 20B4-004 | Must be drafted around homestead rules; covers only that property |
| Revocable living trust | Real estate and almost any other asset | Florida Trust Code, ch. 736 | More work up front; assets must be retitled |
| Joint ownership with right of survivorship | Real or personal property held jointly | s. 689.15 | The co owner has a present interest and the property can be exposed to their creditors |
| Tenancy by the entirety | Property owned by married couples | s. 689.15 exception | Only passes to the surviving spouse; the second death still needs a plan |
| Transfer on death securities registration | Stocks, bonds, brokerage accounts | ss. 711.50 to 711.512 | Does not apply to real estate |
| Pay on death bank account | Deposit accounts | s. 655.82 | Does not apply to real estate |
How does joint ownership work in Florida?
Under section 689.15, when property is transferred to two or more people, they hold it as tenants in common unless the deed expressly provides for a right of survivorship. Tenants in common do not inherit from each other; each share passes through the owner's estate. Joint tenancy with right of survivorship, written into the deed, lets the survivor take the whole property. Married couples can also hold property as tenants by the entirety, which section 689.15 treats as an exception, and which becomes a tenancy in common if the marriage is dissolved.
Adding a child to your deed is a common shortcut, but it is a present gift. The child owns part of the house now, must sign any future sale or mortgage, and the property may be exposed to the child's creditors or divorce. Our post on quitclaim deeds in Florida explains why these deeds deserve care.
What about bank and brokerage accounts?
Florida does have transfer on death tools for financial accounts:
- Securities. The Florida Uniform Transfer on Death Security Registration Act, sections 711.50 to 711.512, lets you register stocks, bonds and brokerage accounts to pass to a named beneficiary. Under section 711.509, a transfer on death resulting from that registration is "not testamentary."
- Bank accounts. Under section 655.82, a pay on death account passes to the named beneficiaries when the sole or last surviving owner dies. The beneficiary has no right to the funds while an owner is alive.
These designations are simple and effective, but they need to be coordinated with your will or trust so the overall result matches what you want.
Which alternative is right for your home?
- Check homestead status. If the property is your homestead and you are married or have a minor child, section 732.4015 limits who can receive it, whatever tool you use. Our Florida homestead law page explains these rules.
- Count your properties. One home may suit a lady bird deed. Several properties, or property in more than one state, often point to a trust.
- Think about incapacity. A trust lets a successor trustee manage the property if you cannot. With a deed, you need a durable power of attorney.
- Think about the beneficiaries. If someone should not receive property outright, a trust can hold it for them.
A revocable living trust remains the most flexible option for many families, and our guide on how to avoid probate in Florida compares every method side by side. If you own property in Pinellas County or elsewhere in Florida, contact us and we will review how it is titled today. You can also start with our Florida estate planning overview.
Can a will do the same job as a transfer on death deed?
No. A will can leave your home to the person you choose, but property that passes under a will generally goes through probate. A transfer on death deed in other states, and the lady bird deed or trust in Florida, exist precisely to move the property outside the will. A will is still worth having as a safety net and to nominate a guardian for minor children, but it is not the tool for avoiding probate on a house. If your probate estate turns out to be small, Florida's summary administration, generally available for non exempt estates of $150,000 or less after July 1, 2026 under chapter 2026-57, may shorten the process, but it is still probate.
What if a deed from another state is already recorded?
If you recorded a transfer on death deed for property in another state, it is governed by that state's law, and it may work as intended there. A similar document recorded in a Florida county is a different matter. Have it reviewed, and if needed replace it with a recognized Florida instrument while you are able to sign.
David Cannady is the founding partner of Cannady & Associates. A former Florida prosecutor, he was admitted to The Florida Bar in 2014 and earned his J.D. at Florida State University College of Law.
This article is general information about Florida law, not legal advice for your situation. Laws change; talk to a lawyer about your facts.
