Beneficiary Deeds and Florida
A beneficiary deed (transfer-on-death deed) allows real property to pass to a named beneficiary at the owner's death without probate. Florida does not currently authorize this instrument, requiring property owners to use alternative strategies.
Florida's Position
Unlike states that have adopted the Uniform Real Property Transfer on Death Act, Florida has not enacted legislation authorizing beneficiary deeds. Property owners cannot execute a deed that automatically transfers ownership upon death without going through probate or using an alternative ownership structure.
Available Alternatives
Florida property owners can achieve similar results through a revocable living trust (which avoids probate entirely), an enhanced life estate deed (lady bird deed) retaining lifetime control with automatic transfer at death, joint tenancy with right of survivorship, or tenancy by the entireties for married couples. Each approach has distinct advantages for estate planning, tax, and asset protection.
Related Terms
Barnes Walker Estate Planning
Barnes Walker designs probate-avoidance strategies for Florida property owners. Contact us for estate planning guidance.
Florida Law Reference
Fla. Stat. Ch. 689
Governs the requirements for transferring real property in Florida, including deed execution, delivery, and recording.
Fla. Stat. Ch. 736 (Florida Trust Code)
The Florida Trust Code governs the creation, modification, and administration of trusts, including trustee duties, beneficiary rights, and trust termination.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC