What Is a Lady Bird Deed (Enhanced Life Estate Deed) in Real Estate?

A Lady Bird Deed—also called an Enhanced Life Estate Deed—allows a property owner to keep full control of the property for life while naming a beneficiary who will automatically inherit the property at death without probate. Unlike a traditional life estate, the owner can still sell, mortgage, or change beneficiaries without permission.

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💡 Why a Lady Bird Deed Matters

A Lady Bird deed gives the owner complete control during their lifetime—unlike a standard life estate deed—while still guaranteeing that the property avoids probate and transfers automatically to a named beneficiary. It is widely used in states that recognize it, such as Florida, Texas, Michigan, and a few others.

  • ✔ Avoids probate entirely
  • ✔ Owner keeps the right to sell or refinance at any time
  • ✔ Easy to update, revoke, or change beneficiaries
  • ✔ Often used for Medicaid planning in certain states
  • ✔ Beneficiary receives ownership immediately at death
  • ✔ No need for a trust or complex estate planning

Related: What Is a Life Estate?

📌 Common Reasons to Use a Lady Bird Deed

Lady Bird deeds are ideal for simple estate planning, elder law planning, and avoiding probate without losing control of the property.

  • To avoid probate and ensure fast inheritance
  • To keep complete control of the property while alive
  • To simplify inheritance without a trust
  • To plan for Medicaid eligibility (in certain states)
  • For elder care planning while protecting family inheritance
  • To prevent disputes after death

Related: What Is a Transfer-on-Death Deed?

🔎 How a Lady Bird Deed Works

A Lady Bird deed creates an enhanced life estate, giving the owner lifetime control and transferring ownership to the beneficiary upon death—automatically and without probate.

  • 1. Owner signs an enhanced life estate deed naming beneficiaries.
  • 2. Owner keeps all rights — sell, rent, refinance, change beneficiaries.
  • 3. Deed is recorded with the county.
  • 4. Owner retains full control during their lifetime.
  • 5. At death, property transfers automatically to the beneficiaries.
  • 6. No probate court or estate proceedings are required.

If ownership becomes disputed, a Quiet Title Action may be required.

❗ FSBO Warning: Lady Bird Deeds Are Not Legal in Every State

Lady Bird deeds are only recognized in a handful of states. They also may conflict with mortgage requirements, HOA rules, and Medicaid qualification rules depending on the state.

  • Only valid in select states (e.g., FL, MI, TX)
  • Mortgage lenders may require review
  • Medicaid eligibility rules vary by state
  • Not a replacement for a full estate plan

Learn more: What Is Title Insurance?

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