Lady Bird Deeds
Andrew David Easler, Esq.
Published
Updated
How Does a Lady Bird Deed Affect Homestead Exemption in Florida?
Generally it does not. The owner keeps a life estate and full control, so the exemption continues as long as the home stays the owner's permanent residence.
A Lady Bird deed (enhanced life estate deed) generally does not affect the owner's Florida homestead exemption during life. The owner keeps a life estate and full control, so the owner can keep the exemption as long as the home stays a permanent residence.
During the Owner's Life
Exemption continues: the owner who keeps the life estate remains eligible for the exemption.
Save Our Homes cap: signing a lady bird deed generally is not treated as a change of ownership that resets the assessed value, because the owner keeps the beneficial interest.
Creditor protection: the home's protection from forced sale by most creditors continues as long as it remains the owner's homestead.
Filing Rules
Deadline: an application for homestead exemption is due by March 1 of the tax year. The owner must own and live in the home as a permanent residence on January 1 of that year.
Proof of residency: the property appraiser may ask for a Florida driver's license, vehicle registration, or voter registration showing the property address.
Renewal: once granted, the exemption renews each year. Changes in ownership or use must be reported to the property appraiser.
After the Owner's Death
At death, the property passes to the beneficiaries. The owner's exemption ends, and the assessed value resets to market value on the next January 1 unless the home passes to a surviving spouse. A beneficiary who makes the home a permanent residence must file a new homestead application by March 1.
Homestead Restrictions
If the owner is married or has a minor child, the Florida Constitution limits who can receive a homestead at death. A lady bird deed naming someone else may not be effective for that property. See how to transfer property ownership and contact the county property appraiser with exemption questions.
Disclaimer: This content is for informational purposes only and is not legal advice. No warranties on completeness, accuracy, or suitability. Always consult an attorney for personal guidance.
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