Does a lady bird deed have to be recorded?

No, but like any deed, there may be extreme consequences for failing to record.

The moment a lady bird deed is properly executed and delivered to the grantee (the person receiving the future interest conveyed in the deed), the deed is effective. Delivery can be made in a variety of ways, but the most common way to obtain the presumption of delivery is to record the deed in the official records. Recording in the official records puts all others who may have a claim against the property or your estate on notice that the future interest has been transferred (unless you execute a new instrument otherwise during your lifetime).

Published: Nov 8, 2022

Updated: Mar 22, 2023

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