Guides › Transfer-on-Death Deeds
Updated July 31, 2026. Quick answer: no — Florida does not have transfer-on-death deeds for real estate, and the widely repeated claim that a 2024 law created them is false. The statute those articles cite, Fla. Stat. §732.4015, governs homestead devise restrictions — we pulled the current text to check, and it says nothing about TOD deeds. What Florida actually uses is the Lady Bird deed (enhanced life estate deed), a different instrument that accomplishes the same probate avoidance with retained control.
Why the confusion exists, and what to actually do
Florida allows TOD registration for securities and vehicles — so “transfer on death” is a real phrase in Florida law, just not for houses — and AI search summaries have been repeating the 2024 myth confidently. The working tools for a Florida home: the Lady Bird deed (no beneficiary consent needed to sell or revoke; Medicaid-planning friendly), the revocable living trust, and — for spouses — Florida’s homestead and tenancy rules, which impose their own devise restrictions that surprise second-marriage families (that IS what §732.4015 does).
What avoiding probate is worth here: Florida probate cost and the presumed personal-representative fee. Which states DO have the deed: the verified 51-jurisdiction table.
The tool Florida actually has works fine – it’s just a different tool.
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