Lady Bird Deed States: Which States Allow Lady Bird Deeds? (2026 Chart)

Seven states have legal authority for the lady bird deed, and the five-state list that most websites repeat is wrong in both directions. 34 states and the District of Columbia solved the same problem with a transfer on death deed statute instead, four of them under the name beneficiary deed, and 11 states have neither. The chart below gives every state, what the instrument is called there, what backs it, and which one an owner there would use. Every row was read against the state’s own statute, decisions or Medicaid manual, and the court decisions were re-checked on October 7, 2026 against a search of every court in a ten-million-opinion corpus.

The seven lady bird deed states, grouped by what backs the deed

By statute (2). Rhode Island, Vermont. Rhode Island since 2014, Vermont under its Enhanced Life Estate Deed Act since July 13, 2020.
By court decision (4). Florida, Maryland, Michigan, Texas. Florida since the Supreme Court’s 1917 decision in Oglesby v. Lee, Maryland since 2005, Michigan on a published 2015 Court of Appeals decision that upheld a lady bird deed and is quoted by 96 later opinions, and Texas since a 2023 court of appeals decision enforced a joint lady bird deed and the Texas Supreme Court described one in 2024.
By Medicaid manual only (1). North Carolina. The agency treats the deed as no transfer, and no statute or court decision in the state creates it.
Said no. Iowa. Its Court of Appeals wrote in 2021 that Iowa is not one of the few states that have recognized enhanced life estate deeds.
Not on the list. West Virginia and Virginia. Each has only a general statute about a life estate given to someone else with a power to sell, which never reaches an owner who keeps the power. Both have transfer on death deed statutes instead.

Why the kind of authority matters, and what the seven-state count leaves out, is explained in what states allow lady bird deeds. The difference between the two instruments is in lady bird deed vs transfer on death deed, and the Florida answer is in does Florida have a transfer on death deed.

Look up a state

State

Lady bird deeds and transfer on death deeds, state by state

The lady bird column shows what kind of authority stands behind the deed in that state. The transfer on death column gives the statute and the date it took effect. The last column is the short answer for an owner there. Florida is shaded.

Swipe the table sideways to see every column.

For each of the 50 states and the District of Columbia, whether a lady bird deed has legal authority and of what kind, whether a transfer on death or beneficiary deed statute exists with its effective date, what the instrument is called there, and which instrument an owner would use
State	What it is called there	Lady bird deed	Transfer on death deed statute	In effect since	What an owner there uses
Alabama	Neither instrument	No authority found	None		A revocable trust is the usual tool. No authority for a lady bird deed and no transfer on death deed statute were found.
Alaska	Transfer on death deed	No authority found	AS 13.48.010 to 13.48.195 (Uniform Real Property Transfer on Death Act) Uniform act	July 21, 2014	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Arizona	Beneficiary deed	No authority found	A.R.S. Sec. 33-405 (beneficiary deed)	August 9, 2001	The state's beneficiary deed statute. No authority for a lady bird deed was found there.
Arkansas	Beneficiary deed	No authority found	Ark. Code Ann. Sec. 18-12-608 (beneficiary deed)	August 12, 2005	The state's beneficiary deed statute. No authority for a lady bird deed was found there.
California	Transfer on death deed	Medicaid manual only	Cal. Prob. Code Sec. 5600 to 5698 (revocable transfer on death deed)	January 1, 2016	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Colorado	Beneficiary deed	No authority found	C.R.S. Sec. 15-15-401 to 15-15-415 (beneficiary deed)	August 4, 2004	The state's beneficiary deed statute. No authority for a lady bird deed was found there.
Connecticut	Neither instrument	No authority found	None		A revocable trust is the usual tool. No authority for a lady bird deed and no transfer on death deed statute were found.
Delaware	Transfer on death deed	No authority found	25 Del. C. Sec. 201 to 220 (Uniform Real Property Transfer on Death Act), 85 Del. Laws c. 212 (H.B. 147 substitute) Uniform act	December 4, 2025	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
District of Columbia	Transfer on death deed	No authority found	D.C. Code Sec. 19-604.01 to 19-604.19 (Uniform Real Property Transfer on Death Act) Uniform act	March 19, 2013	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Florida	Lady bird deed (enhanced life estate deed)	Court decision	None		A lady bird deed. Florida has no transfer on death deed statute, so a TOD form from another state does nothing here.
Georgia	Transfer on death deed	No authority found	O.C.G.A. Sec. 44-17-1 to 44-17-7	July 1, 2024	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Hawaii	Transfer on death deed	No authority found	HRS ch. 527 (Uniform Real Property Transfer on Death Act) Uniform act	July 1, 2011	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Idaho	Neither instrument	No authority found	None		A revocable trust is the usual tool. No authority for a lady bird deed and no transfer on death deed statute were found.
Illinois	Transfer on death deed	No authority found	755 ILCS 27 (Real Property Transfer on Death Instrument Act) Uniform act	January 1, 2012	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Indiana	Transfer on death deed	No authority found	Ind. Code 32-17-14 (Transfer on Death Property Act), Sec. 32-17-14-11	July 1, 2009	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Iowa	Neither instrument	Court has said no	None		A revocable trust or a will. An Iowa court has said the state does not recognize the lady bird deed, and Iowa has no transfer on death deed statute.
Kansas	Transfer on death deed	No authority found	K.S.A. 59-3501 to 59-3507	July 1, 1997	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Kentucky	Neither instrument	No authority found	None		A revocable trust is the usual tool. No authority for a lady bird deed and no transfer on death deed statute were found.
Louisiana	Neither instrument	No authority found	None		A revocable trust is the usual tool. No authority for a lady bird deed and no transfer on death deed statute were found.
Maine	Transfer on death deed	No authority found	18-C M.R.S. Sec. 6-401 to 6-420 Uniform act	September 1, 2019	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Maryland	Lady bird deed (enhanced life estate deed); Transfer on death deed	Court decision	Md. Code, Real Prop. Sec. 14-1001 to 14-1014 (Maryland Transfer-on-Death Deed Act); Est. & Trusts Sec. 1-402 Uniform act	October 1, 2026	Either instrument has authority. The transfer on death deed is statutory and carries its own rules, so a lawyer licensed there should pick.
Massachusetts	Neither instrument	No authority found	None		A revocable trust is the usual tool. No authority for a lady bird deed and no transfer on death deed statute were found.
Michigan	Lady bird deed (enhanced life estate deed)	Court decision	None		A lady bird deed, on the authority shown. The state has no transfer on death deed statute.
Minnesota	Transfer on death deed	No authority found	Minn. Stat. Sec. 507.071	August 1, 2008	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Mississippi	Transfer on death deed	No authority found	Miss. Code Ann. Sec. 91-27-1 to 91-27-37 (Mississippi Real Property Transfer-On-Death Act)	July 1, 2020	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Missouri	Beneficiary deed	No authority found	Mo. Rev. Stat. Sec. 461.025 (beneficiary deed)	August 28, 1989	The state's beneficiary deed statute. No authority for a lady bird deed was found there.
Montana	Transfer on death deed	No authority found	MCA Sec. 72-6-401 to 72-6-418 (Uniform Real Property Transfer on Death Act) Uniform act	October 1, 2019	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Nebraska	Transfer on death deed	No authority found	Neb. Rev. Stat. Sec. 76-3401 to 76-3424 (Nebraska Uniform Real Property Transfer on Death Act) Uniform act	January 1, 2013	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Nevada	Transfer on death deed	No authority found	NRS 111.655 to 111.699 (deed upon death; Uniform Real Property Transfer on Death Act) Uniform act	October 1, 2011	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
New Hampshire	Transfer on death deed	No authority found	N.H. RSA 563-D (Uniform Real Property Transfer on Death Act) Uniform act	July 1, 2024	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
New Jersey	Neither instrument	No authority found	None		A revocable trust is the usual tool. No authority for a lady bird deed and no transfer on death deed statute were found.
New Mexico	Transfer on death deed	No authority found	NMSA 1978 Sec. 45-6-401 to 45-6-417 (Uniform Real Property Transfer on Death Act) Uniform act	Invalid Date	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
New York	Transfer on death deed	No authority found	N.Y. Real Prop. Law Sec. 424 Uniform act	July 19, 2024	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
North Carolina	Lady bird deed (enhanced life estate deed)	Medicaid manual only	None		A lady bird deed, on the authority shown. The state has no transfer on death deed statute.
North Dakota	Transfer on death deed	No authority found	N.D. Cent. Code ch. 30.1-32.1 (Uniform Real Property Transfer on Death Act) Uniform act	August 1, 2011	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Ohio	Transfer on death deed	No authority found	Ohio Rev. Code Sec. 5302.22, 5302.222, 5302.23 (transfer on death designation affidavit)	Invalid Date	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Oklahoma	Transfer on death deed	No authority found	58 O.S. Sec. 1251 to 1258 (Nontestamentary Transfer of Property Act)	November 1, 2008	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Oregon	Transfer on death deed	No authority found	Or. Rev. Stat. Sec. 93.948 to 93.985 Uniform act	January 1, 2012	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Pennsylvania	Neither instrument	No authority found	None		A revocable trust is the usual tool. No authority for a lady bird deed and no transfer on death deed statute were found.
Rhode Island	Lady bird deed (enhanced life estate deed)	Statute	None		A lady bird deed, on the authority shown. The state has no transfer on death deed statute.
South Carolina	Neither instrument	No authority found	None		A revocable trust is the usual tool. No authority for a lady bird deed and no transfer on death deed statute were found.
South Dakota	Transfer on death deed	No authority found	SDCL Sec. 29A-6-401 to 29A-6-432 (South Dakota Real Property Transfer on Death Act) Uniform act	July 1, 2014	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Tennessee	Neither instrument	No authority found	None		A revocable trust is the usual tool. No authority for a lady bird deed and no transfer on death deed statute were found.
Texas	Lady bird deed (enhanced life estate deed); Transfer on death deed	Court decision	Tex. Estates Code ch. 114 (Texas Real Property Transfer on Death Act), Sec. 114.001 et seq. Uniform act	September 1, 2015	Either instrument has authority. The transfer on death deed is statutory and carries its own rules, so a lawyer licensed there should pick.
Utah	Transfer on death deed	No authority found	Utah Code Sec. 75-6-401 to 75-6-419 (Uniform Real Property Transfer on Death Act) Uniform act	May 8, 2018	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Vermont	Lady bird deed (enhanced life estate deed)	Statute	None		A lady bird deed, on the authority shown. The state has no transfer on death deed statute.
Virginia	Transfer on death deed	No authority found	Va. Code Sec. 64.2-621 to 64.2-638 (Uniform Real Property Transfer on Death Act) Uniform act	July 1, 2013	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Washington	Transfer on death deed	No authority found	Rev. Code Wash. ch. 64.80 (Washington uniform real property transfer on death act) Uniform act	June 12, 2014	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
West Virginia	Transfer on death deed	No authority found	W. Va. Code Sec. 36-12-1 to 36-12-17 (Uniform Real Property Transfer on Death Act) Uniform act	June 5, 2014	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Wisconsin	Transfer on death deed	No authority found	Wis. Stat. Sec. 705.15	April 11, 2006	The state's transfer on death deed statute. No authority for a lady bird deed was found there.
Wyoming	Transfer on death deed	No authority found	W.S. 2-18-101 to 2-18-106 (Nontestamentary Transfer of Real Property on Death Act)	July 1, 2013	The state's transfer on death deed statute. No authority for a lady bird deed was found there.

21 of the 35 transfer on death jurisdictions adopted the Uniform Real Property Transfer on Death Act; the rest wrote their own statute, and Missouri’s beneficiary deed of 1989 is the oldest. Maryland’s act took effect on October 1, 2026, and Delaware’s on December 4, 2025. Bills were pending or had stalled in 2025 and 2026 in New Jersey, Pennsylvania, South Carolina, Kentucky, Idaho, Iowa and Tennessee.

The 11 states with neither instrument

Alabama, Connecticut, Idaho, Iowa, Kentucky, Louisiana, Massachusetts, New Jersey, Pennsylvania, South Carolina, Tennessee. An owner in one of these states who wants a house to pass without probate usually uses a revocable trust, and a lady bird form downloaded there has no authority behind it. Whether Medicaid estate recovery can reach a home that passes by each method in every state is in the Medicaid estate recovery and home-transfer deed table, which this chart is drawn from.

Frequently Asked Questions

How Many States Allow Lady Bird Deeds?

Seven states have real legal authority behind the lady bird deed as of October 7, 2026. Rhode Island, Vermont recognize it by statute, Florida, Maryland, Michigan, Texas through court decisions, and North Carolina only in a Medicaid manual. West Virginia, which most online lists include, has no authority for the deed, and an Iowa appellate court said in 2021 that Iowa does not recognize it.

Is a Transfer on Death Deed the Same as a Lady Bird Deed?

No. Both pass real estate at death without probate while the owner keeps control, but a transfer on death deed is created by statute and a lady bird deed rests on common law and the owner's reserved powers. 34 states and the District of Columbia have a transfer on death deed statute, 21 of them on the Uniform Real Property Transfer on Death Act, and four states (Arizona, Arkansas, Colorado, Missouri) call it a beneficiary deed. Only Maryland, Texas have both instruments.

Does Florida Have a Transfer on Death Deed?

No. Florida has never enacted a transfer on death deed statute for real property, and a TOD form from another state does nothing when recorded here. The Florida instrument is the lady bird deed, recognized by the Florida Supreme Court in 1917 and by the Florida Bar's Uniform Title Standards, and it costs $399 for one owner or $449 for two, plus recording.

Can I Use a Florida Lady Bird Deed on Property in Another State?

No. Real estate follows the law of the state where the land sits. A Florida deed works only on Florida land, and a house in another state needs that state's instrument from a lawyer licensed there, which the chart shows for each state.

Sources, state by state

The authority behind the lady bird column and the transfer on death statute for each jurisdiction, with the pages read. The seven recognizing states and Iowa were re-checked on October 7, 2026 against a search of every court in the local CourtListener corpus for the terms lady bird deed, ladybird deed and enhanced life estate, which returned 54 opinions in all, 29 of them from Michigan and none from Rhode Island, Maryland or North Carolina.

Jurisdiction	Lady bird deed authority	Transfer on death deed	Pages read
Alabama	No statute, reported case, title standard or Medicaid rule found. Searched Alabama Medicaid Admin. Code ch. 560-X-33 and web searches for Alabama enhanced life estate authority; only practitioner pages, which disagree.	None	admincode.legislature.state.al.us, medicaid.gov, law.onecle.com, alison.legislature.state.al.us
Alaska	No statute, reported case or Medicaid rule found; searched Alaska statutes and 7 AAC 160 and web searches for Alaska enhanced life estate authority (only secondary pages, which say it is not recognized).	AS 13.48.010 to 13.48.195 (Uniform Real Property Transfer on Death Act)	akleg.gov, akleg.gov, akleg.gov, akleg.gov, akleg.gov, akleg.gov, akleg.gov, akleg.gov, akleg.gov
Arizona	No Arizona statute, reported case or AHCCCS rule recognizing an enhanced life estate deed was found. A web search returned only practitioner pages that conflict with each other. Sec. 33-405(H) preserves other lawful methods of postponing enjoyment until death but does not describe this deed.	A.R.S. Sec. 33-405 (beneficiary deed)	azleg.gov, azleg.gov, azleg.gov, azleg.gov, azleg.gov, azleg.gov, azleg.gov, azleg.gov, azleg.gov, law.cornell.edu, law.cornell.edu, law.cornell.edu, web.archive.org, goyff.az.gov
Arkansas	No Arkansas statute, reported case or DHS rule recognizing an enhanced life estate deed was found. The Medicaid resource rule (20 CAR Sec. 502-427(c)) covers ordinary life estates only; Sec. 18-12-608(f)(1) preserves other deferred-enjoyment conveyances but does not name this one. Web searches returned only secondary pages.	Ark. Code Ann. Sec. 18-12-608 (beneficiary deed)	codes.findlaw.com, codes.findlaw.com, arkleg.state.ar.us, arkleg.state.ar.us, law.onecle.com, law.onecle.com, arkleg.state.ar.us, law.cornell.edu, arkleg.state.ar.us, humanservices.arkansas.gov, humanservices.arkansas.gov, codeofarrules.arkansas.gov, senate.arkansas.gov
California	No statute or reported case found. The Medi-Cal regulation 22 CCR Sec. 50961(i) addresses a decedent who held a life estate and made a revocable transfer of the remainder (treating it as full ownership for pre-2017 recovery). Prob. Code Sec. 5602 preserves other lawful methods of postponing enjoyment until death. Web search found only conflicting law firm pages.	Cal. Prob. Code Sec. 5600 to 5698 (revocable transfer on death deed)	california.public.law, leginfo.legislature.ca.gov, web.archive.org, web.archive.org, law.cornell.edu, law.cornell.edu, law.cornell.edu, california.public.law, california.public.law, california.public.law, california.public.law, california.public.law, california.public.law, california.public.law, california.public.law, california.public.law, california.public.law, california.public.law, california.public.law, california.public.law, california.public.law, california.public.law, california.public.law, leginfo.legislature.ca.gov, leginfo.legislature.ca.gov, sjud.senate.ca.gov
Colorado	No Colorado statute, reported case or HCPF rule found recognizing an enhanced life estate deed. Searched the web for Colorado enhanced life estate and lady bird deed; only secondary sites and Q and A forums came up, which say Colorado does not use it.	C.R.S. Sec. 15-15-401 to 15-15-415 (beneficiary deed)	colorado.public.law, colorado.public.law, colorado.public.law, colorado.public.law, colorado.public.law, law.cornell.edu, sos.state.co.us, medicaid.gov, hcpf.colorado.gov, healthfirstcolorado.gov, cherrycreektitle.com
Connecticut	No Connecticut statute, reported case or DSS rule found. Searched the web for Connecticut enhanced life estate and lady bird deed; only form sellers, Q and A forums and secondary sites came up, most saying Connecticut does not use it.	None	cga.ct.gov, cga.ct.gov, cga.ct.gov, cga.ct.gov, portal.ct.gov, cga.ct.gov
Delaware	No Delaware statute, reported case or DMMA rule found. Searched the web for Delaware enhanced life estate and lady bird deed; only secondary sites and form sellers came up, which say Delaware does not recognize it.	25 Del. C. Sec. 201 to 220 (Uniform Real Property Transfer on Death Act), 85 Del. Laws c. 212 (H.B. 147 substitute)	delcode.delaware.gov, delcode.delaware.gov, delcode.delaware.gov, legis.delaware.gov, delcode.delaware.gov, law.cornell.edu, archive.regulations.delaware.gov, archive.regulations.delaware.gov
District of Columbia	No D.C. statute, reported case, title standard or DHCF rule recognizing an enhanced life estate deed was found. Searched the web for D.C. life estate deeds with retained power to sell; results were secondary pages only.	D.C. Code Sec. 19-604.01 to 19-604.19 (Uniform Real Property Transfer on Death Act)	dcregs.dc.gov, dcregs.dc.gov, dcregs.dc.gov, dcregs.dc.gov, dcregs.dc.gov, dcregs.dc.gov, dcregs.dc.gov, dhcf.dc.gov, dhcf.dc.gov, dhcf.dc.gov, code.dccouncil.gov, code.dccouncil.gov, code.dccouncil.gov, code.dccouncil.gov, code.dccouncil.gov, code.dccouncil.gov, code.dccouncil.gov, app.cfo.dc.gov
Florida	Common law: Oglesby v. Lee, 73 Fla. 39, 73 So. 840 (Fla. 1917) (deed reserving to grantor the right to resell held effective); Florida Bar Uniform Title Standards 6.10 to 6.12; DCF ESS Program Policy Manual 1640.0613.01 treats a lady bird deed or life estate with powers as no transfer. No statute creates the deed.	None	leg.state.fl.us, leg.state.fl.us, leg.state.fl.us, leg.state.fl.us, leg.state.fl.us, leg.state.fl.us, leg.state.fl.us, static.case.law, ffic.myflfamilies.com, flmedicaidtplrecovery.com, stepuplaw.com
Georgia	No Georgia statute or reported case recognizing a life estate deed with a retained power to sell without the remainder's consent was found. The DFCS ABD Medicaid Manual 2322 says 'some states allow life estates with powers' and counts such a life estate at full equity value, but does not say Georgia recognizes it.	O.C.G.A. Sec. 44-17-1 to 44-17-7	codes.findlaw.com, law.cornell.edu, law.cornell.edu, law.cornell.edu, law.cornell.edu, law.cornell.edu, law.cornell.edu, law.cornell.edu, law.cornell.edu, medicaid.georgia.gov, medicaid.georgia.gov, medicaid.georgia.gov, pamms.dhs.ga.gov, pamms.dhs.ga.gov, legis.ga.gov, billtrack50.com, gov.georgia.gov, legis.ga.gov, billtrack50.com
Hawaii	No statute, reported case or Med-QUEST rule found; searched HRS ch. 346, HAR 17-1705 and web for Hawaii enhanced life estate or lady bird deed authority (only practitioner and form-vendor pages).	HRS ch. 527 (Uniform Real Property Transfer on Death Act)	data.capitol.hawaii.gov, data.capitol.hawaii.gov, data.capitol.hawaii.gov, humanservices.hawaii.gov, data.capitol.hawaii.gov, data.capitol.hawaii.gov, data.capitol.hawaii.gov, data.capitol.hawaii.gov, data.capitol.hawaii.gov, data.capitol.hawaii.gov
Idaho	No Idaho statute, reported case or Medicaid rule found; searched Idaho Code 56-218, IDAPA 16.03.26 estate recovery rules, the Idaho state plan addendum and web for Idaho enhanced life estate or lady bird deed authority (only national secondary lists).	None	web.archive.org, web.archive.org, law.cornell.edu, law.cornell.edu, medicaid.gov, web.archive.org
Illinois	No Illinois statute, reported case or HFS/IDHS rule recognizing an enhanced life estate deed was found. IDHS PM 07-02-14 addresses ordinary life estates only. Web search returned only form vendors and law firm pages.	755 ILCS 27 (Real Property Transfer on Death Instrument Act)	web.archive.org, law.cornell.edu, law.cornell.edu, web.archive.org, web.archive.org, web.archive.org, web.archive.org, isba.org, dhs.state.il.us, dhs.state.il.us, hfs.illinois.gov, medicaid.gov
Indiana	No Indiana statute, reported case or FSSA rule recognizing a life estate deed with a retained power to sell without the remainder's consent was found. Searches returned only law firm and form pages.	Ind. Code 32-17-14 (Transfer on Death Property Act), Sec. 32-17-14-11	codes.findlaw.com, codes.findlaw.com, codes.findlaw.com, codes.findlaw.com, codes.findlaw.com, codes.findlaw.com, codes.findlaw.com, codes.findlaw.com, law.cornell.edu, law.cornell.edu, in.gov, in.gov, provider.indianamedicaid.com
Iowa	King v. Smith, No. 20-0137 (Iowa Ct. App. June 16, 2021): Iowa is not one of the few states that have recognized enhanced life estate deeds. No Iowa statute, reported case or HHS rule recognizing a life estate deed with a retained power to sell without the remainder's consent was found. Searches returned only law firm pages and cases on ordinary life estates.	None	legis.iowa.gov, legis.iowa.gov, legis.iowa.gov, legis.iowa.gov, legis.iowa.gov, hhs.iowa.gov, calt.iastate.edu
Kansas	No Kansas statute, reported case or KDHE rule found recognizing a life estate with retained power to convey; searched web for Kansas enhanced life estate / lady bird deed (only secondary sources).	K.S.A. 59-3501 to 59-3507	ksrevisor.gov, ksrevisor.gov, ksrevisor.gov, ksrevisor.gov, ksrevisor.gov, law.cornell.edu, khap.kdhe.ks.gov, medicaid.gov
Kentucky	No Kentucky statute, reported case or DMS rule found recognizing a life estate with retained power to convey without remainder consent; searched web for Kentucky enhanced life estate / power to sell life estate deeds (only practitioner and form sites).	None	apps.legislature.ky.gov, apps.legislature.ky.gov, apps.legislature.ky.gov
Louisiana	No lady bird deed as such. La. Civ. Code art. 568 lets a usufructuary alienate nonconsumable things if the right is expressly granted, a civil law analog; whether it is used with a reserved usufruct on donation of the home was not verified from primary sources.	None	legis.la.gov, law.cornell.edu, law.cornell.edu, law.cornell.edu, legis.la.gov, legis.la.gov, legis.la.gov
Maine	No Maine statute, reported case or MaineCare rule found recognizing a life estate with retained power to convey; searched web for Maine enhanced life estate / lady bird deed (secondary sources only).	18-C M.R.S. Sec. 6-401 to 6-420	legislature.maine.gov, maine.gov, legislature.maine.gov, legislature.maine.gov, legislature.maine.gov, legislature.maine.gov, legislature.maine.gov, legislature.maine.gov, medicaid.gov
Maryland	Berrett v. Standard Fire Ins. Co., 166 Md. App. 321 (2005) (a life estate may be created with a power in the life tenant to dispose of the property; the remainder is then defeasible), citing Burke v. Burke, 204 Md. 637 (1954); 2026 Md. Laws ch. 750/751 Sec. 2 refers to 'existing law governing life estates with powers of alienation'.	Md. Code, Real Prop. Sec. 14-1001 to 14-1014 (Maryland Transfer-on-Death Deed Act); Est. & Trusts Sec. 1-402	mgaleg.maryland.gov, dsd.maryland.gov, law.cornell.edu, health.maryland.gov, mgaleg.maryland.gov, mgaleg.maryland.gov, mgaleg.maryland.gov, mgaleg.maryland.gov, peoples-law.org, caselaw.findlaw.com
Massachusetts	No primary authority found. Searched for Massachusetts statutes, cases and MassHealth rules on life estate deeds with a retained power to sell; only practitioner pages were found, which say MassHealth treats such a reserved power like a revocable trust for eligibility (130 CMR 520.022 counts revocable trust assets), not verified in a primary source.	None	codes.findlaw.com, law.cornell.edu, law.cornell.edu, codes.findlaw.com, medicaid.gov, massnaela.com, masslegalservices.org
Michigan	Bill & Dena Brown Trust v. Garcia, 312 Mich. App. 684, 880 N.W.2d 269 (2015) (published; a lady bird deed upheld against an undue-influence challenge; its footnote 2 definition is quoted by 96 later opinions). No statute creates it. In re Rasmer Estate, 501 Mich 18 (2017), n. 18 (describing Lady Bird deeds as a probate-avoidance tool, citing Black's Law Dictionary) and Bill & Dena Brown Trust v Garcia, 312 Mich App 684, 687 n 2 (2015) (describing a Lady Bird deed). Recognition is by description in dicta and long practice, not a holding on validity. MDHHS manuals BEM 400 and 405 (2026) treat life estates but do not mention Lady Bird deeds.	None	codes.findlaw.com, codes.findlaw.com, codes.findlaw.com, codes.findlaw.com, medicaid.gov, courts.michigan.gov, mdhhs-pres-prod.michigan.gov, mdhhs-pres-prod.michigan.gov, plunkettcooney.com
Minnesota	No statute, reported case, title standard or DHS manual provision recognizing a life estate deed with a retained power to sell without the remainder's consent was found. The DHS eligibility manual (EPM 2.3.3.2.7.4.3) says a life estate owner cannot sell the property or the remainder. Web searches returned only practitioner and form sites. Sec. 507.071, subd. 17 preserves other methods of postponing ownership until death.	Minn. Stat. Sec. 507.071	revisor.mn.gov, revisor.mn.gov, revisor.mn.gov, revisor.mn.gov, revisor.mn.gov, revisor.mn.gov, hcopub.dhs.state.mn.us, hcopub.dhs.state.mn.us, dhs.state.mn.us
Mississippi	No Mississippi statute, reported case or Division of Medicaid rule recognizing an enhanced life estate deed was found. The Medicaid resource rule (Pt. 103, R. 2.5(B)) covers ordinary and conditional life estates only. Web searches returned only secondary pages.	Miss. Code Ann. Sec. 91-27-1 to 91-27-37 (Mississippi Real Property Transfer-On-Death Act)	billstatus.ls.state.ms.us, billstatus.ls.state.ms.us, billstatus.ls.state.ms.us, medicaid.ms.gov, medicaid.ms.gov, medicaid.ms.gov, medicaid.ms.gov, courts.ms.gov, medicaid.ms.gov
Missouri	No Missouri statute, reported case or MO HealthNet rule recognizing a life estate deed with a retained power to sell without the remainder's consent was found. Sec. 461.025.2 says the beneficiary deed statute does not preclude other lawful conveyances that postpone enjoyment until the owner's death.	Mo. Rev. Stat. Sec. 461.025 (beneficiary deed)	revisor.mo.gov, revisor.mo.gov, revisor.mo.gov, revisor.mo.gov, revisor.mo.gov, revisor.mo.gov, revisor.mo.gov, dssmanuals.mo.gov, dssmanuals.mo.gov, caselaw.findlaw.com, senate.mo.gov
Montana	No Montana statute, case, or DPHHS rule recognizing an enhanced life estate deed was found (searched MCA, DPHHS estate recovery materials, web). Secondary sites say Montana does not recognize it; not verified in primary sources.	MCA Sec. 72-6-401 to 72-6-418 (Uniform Real Property Transfer on Death Act)	mca.legmt.gov, mca.legmt.gov, mca.legmt.gov, mca.legmt.gov, mca.legmt.gov, mca.legmt.gov, mca.legmt.gov, law.cornell.edu, dphhs.mt.gov
Nebraska	No Nebraska statute, reported case or DHHS rule recognizing a life estate deed with a retained power to sell without the remainder's consent was found. Searches of Nebraska statutes and case law returned only secondary pages.	Neb. Rev. Stat. Sec. 76-3401 to 76-3424 (Nebraska Uniform Real Property Transfer on Death Act)	web.archive.org, web.archive.org, web.archive.org, web.archive.org, web.archive.org, codes.findlaw.com, revenue.nebraska.gov, web.archive.org, web.archive.org, law.cornell.edu
Nevada	No Nevada statute, reported case or Medicaid rule recognizing a life estate deed with a retained power to sell without the remainder's consent was found. Web search found only secondary pages, which say Nevada uses the deed upon death instead.	NRS 111.655 to 111.699 (deed upon death; Uniform Real Property Transfer on Death Act)	web.archive.org, nevada.public.law, nevada.public.law, nevada.public.law, nevada.public.law, web.archive.org, nevada.public.law, nevada.public.law, nevada.public.law, nevada.public.law, nevada.public.law, web.archive.org, web.archive.org, web.archive.org, nevadamedicaid.nv.gov
New Hampshire	No New Hampshire statute, reported case or DHHS rule recognizing a life estate deed with a retained power to sell without the remainder's consent was found. Searches of NH case law and DHHS materials returned only secondary pages, some saying the deed is not used in New Hampshire.	N.H. RSA 563-D (Uniform Real Property Transfer on Death Act)	web.archive.org, web.archive.org, web.archive.org, web.archive.org, web.archive.org, law.cornell.edu, law.cornell.edu
New Jersey	No New Jersey statute, reported case, title standard or DMAHS rule recognizing an enhanced life estate deed was found. Web search returned only law firm pages, which say New Jersey has no statute.	None	codes.findlaw.com, law.cornell.edu, nj.gov, nj.gov, billtrack50.com, billtrack50.com
New Mexico	No New Mexico statute, reported case or HCA rule found. Searched the web for New Mexico enhanced life estate and lady bird deed; only form sellers and secondary sites came up.	NMSA 1978 Sec. 45-6-401 to 45-6-417 (Uniform Real Property Transfer on Death Act)	codes.findlaw.com, codes.findlaw.com, codes.findlaw.com, codes.findlaw.com, law.cornell.edu, law.cornell.edu, codes.findlaw.com, codes.findlaw.com, codes.findlaw.com, web.archive.org
New York	No New York statute, reported case or DOH directive recognizing an enhanced life estate deed was found. The web search turned up only secondary law firm pages on ordinary life estate deeds.	N.Y. Real Prop. Law Sec. 424	nysenate.gov, law.cornell.edu, health.ny.gov, newyork.public.law, nysenate.gov, nysenate.gov, nysenate.gov, nysba.org
North Carolina	NC Medicaid ABD Manual MA-2240, Sec. X.C.6 'Ladybird Deed or Life Estate with Powers' (revised 06/30/2026, Change No. 09-26). It treats the full equity as the owner's resource and as no transfer, because the life tenant can end the life estate. No NC statute or reported case found; practitioners rely on common law.	None	codes.findlaw.com, codes.findlaw.com, codes.findlaw.com, medicaid.gov, policies.ncdhhs.gov, policies.ncdhhs.gov, lrs.sog.unc.edu
North Dakota	No North Dakota statute, reported case or HHS rule recognizing a life estate deed with a retained power to sell without the remainder's consent was found. Searched web for North Dakota enhanced life estate, power to sell and lady bird deed authority; results were secondary pages only.	N.D. Cent. Code ch. 30.1-32.1 (Uniform Real Property Transfer on Death Act)	ndlegis.gov, ndlegis.gov, ndlegis.gov, hhs.nd.gov, hhs.nd.gov, nd.gov, caselaw.findlaw.com, ndlegis.gov, ndlegis.gov
Ohio	No Ohio statute, reported case or Medicaid rule recognizing a life estate deed with a retained power to sell without the remainder's consent was found. The Medicaid life estate rule (Ohio Admin. Code 5160:1-3-05.17) says only the life tenant's own interest can be sold and does not address retained powers. Searches returned only practitioner Q and A pages.	Ohio Rev. Code Sec. 5302.22, 5302.222, 5302.23 (transfer on death designation affidavit)	codes.ohio.gov, codes.ohio.gov, codes.ohio.gov, codes.ohio.gov, codes.ohio.gov, codes.ohio.gov, dam.assets.ohio.gov, supremecourt.ohio.gov, supremecourt.ohio.gov, ohiosenate.gov
Oklahoma	No Oklahoma statute, reported case or OHCA rule found recognizing an enhanced life estate deed; searched web for Oklahoma lady bird / enhanced life estate authority and reviewed OHCA recovery rules. Only practitioner pages found.	58 O.S. Sec. 1251 to 1258 (Nontestamentary Transfer of Property Act)	oklegislature.gov, oklegislature.gov, oklegislature.gov, oklegislature.gov, oklahoma.gov, oklahoma.gov
Oregon	No Oregon statute, reported case or DHS rule recognizing a life estate deed with a retained power to sell without the remainder's consent was found. Searched web for Oregon enhanced life estate and lady bird deed authority; OAR 461-145-0310 (life estates, eligibility) is silent on retained powers. Results were secondary pages only.	Or. Rev. Stat. Sec. 93.948 to 93.985	oregon.public.law, oregon.public.law, secure.sos.state.or.us, oregon.public.law, oregon.public.law, secure.sos.state.or.us, oregon.public.law, oregon.public.law, oregon.public.law, oregon.public.law, oregon.public.law, oregon.gov, oregon.gov, fastdemocracy.com, virtualunderwriter.com
Pennsylvania	No Pennsylvania statute, reported case or DHS rule recognizing an enhanced life estate deed was found. Searches returned only law firm pages, which disagree on whether the deed works in Pennsylvania.	None	codes.findlaw.com, pacodeandbulletin.gov, pacodeandbulletin.gov, pacodeandbulletin.gov, pacodeandbulletin.gov, pacodeandbulletin.gov, pacodeandbulletin.gov, codes.findlaw.com, pa.gov, billtrack50.com
Rhode Island	R.I. Gen. Laws Sec. 34-4-2.1 (reservation of life estate with enhanced powers to sell, convey or mortgage without the remainder holder's consent; P.L. 2014, ch. 145, art. 19, Sec. 1). Medicaid treatment: Sec. 40-8-3.1 (P.L. 2014, ch. 145, art. 19, Sec. 3) and 210-RICR-50-00-6.9 (home not excluded for deeds on or after July 1, 2014; deeds recorded on or before June 30, 2014 do not cause ineligibility).	None	web.archive.org, rules.sos.ri.gov, risos-apa-production-public.s3.amazonaws.com, web.archive.org, web.archive.org, law.cornell.edu, web.archive.org, web.archive.org, web.archive.org
South Carolina	No statute or reported case recognizing a life estate deed with a retained power to sell was found. A practitioner blog (letstalkdirtsc.com, 2023) points to Blackmon v. Weaver, 366 S.C. 245 (Ct. App. 2005) and Johnson v. Waldrop, 256 S.C. 372 (1971), which uphold life estates with a power of sale created by will, not by deed; these cases were not read. H. 4264, the South Carolina Enhanced Life Estate Deed Act, was introduced March 27, 2025 and remains in House Judiciary.	None	scstatehouse.gov, scstatehouse.gov, scstatehouse.gov, scstatehouse.gov, scstatehouse.gov, scstatehouse.gov, scstatehouse.gov, scstatehouse.gov, scstatehouse.gov, scstatehouse.gov, medicaid.gov, medicaid.gov, letstalkdirtsc.com
South Dakota	None found. Searched SDCL, ARSD 67:46 and 67:48, and DSS estate recovery pages; ARSD 67:46:05:08 values ordinary life estates only. Popular lists do not include SD.	SDCL Sec. 29A-6-401 to 29A-6-432 (South Dakota Real Property Transfer on Death Act)	sdlegislature.gov, sdlegislature.gov, sdlegislature.gov, sdlegislature.gov, sdlegislature.gov, sdlegislature.gov, sdlegislature.gov, sdlegislature.gov, dss.sd.gov, dss.sd.gov, dss.sd.gov, medicaid.gov, sdlegislature.gov, sdlegislature.gov, sdlegislature.gov, sdlegislature.gov, sdlegislature.gov, sdlegislature.gov, mylrc.sdlegislature.gov
Tennessee	None found. Searched Tennessee Code, TennCare estate recovery page and State Plan, and case law annotations to Sec. 71-5-116; only practitioner web pages (conflicting) address it.	None	unicourt.github.io, unicourt.github.io, downloads.cms.gov, tn.gov, codes.findlaw.com, billtrack50.com, billtrack50.com
Texas	Wright v. Jones, No. 10-21-00297-CV (Tex. App., Waco, July 26, 2023) (joint lady bird deed enforced; the husband's one-half interest vested in the remainderman at his death and the surviving grantor could not revoke it); Tex. Health & Human Servs. Comm'n v. Estate of Burt, No. 22-0437 (Tex. May 3, 2024) (describing the deed, n. 4). HHSC MEPD Handbook I-3100 (Rev. 20-4, eff. Dec. 1, 2020): transfer of the home to children, siblings, etc. is not penalized if the deed is an enhanced life estate or TOD deed approved by the regional attorney. No Texas statute creates the deed; no Texas appellate case was read today.	Tex. Estates Code ch. 114 (Texas Real Property Transfer on Death Act), Sec. 114.001 et seq.	capitol.texas.gov, law.cornell.edu, law.cornell.edu, law.cornell.edu, sos.state.tx.us, sos.state.tx.us, tcss.legis.texas.gov, capitol.texas.gov, fhb.hhs.texas.gov, fhb.hhs.texas.gov, hhs.texas.gov
Utah	No Utah statute, reported case or Medicaid rule recognizing a life estate deed with a retained power to sell without the remainder's consent was found. Web search found only secondary pages, which say Utah does not recognize it.	Utah Code Sec. 75-6-401 to 75-6-419 (Uniform Real Property Transfer on Death Act)	le.utah.gov, le.utah.gov, le.utah.gov, le.utah.gov, le.utah.gov, le.utah.gov, le.utah.gov, le.utah.gov, le.utah.gov, le.utah.gov, web.archive.org, web.archive.org, web.archive.org, ors.utah.gov, le.utah.gov
Vermont	Enhanced Life Estate Deed Act, 27 V.S.A. Sec. 651 to 660 (2019, No. 145 (Adj. Sess.), Sec. 1, eff. July 13, 2020): grantor reserves a life estate and the right to convey without the grantee's joinder, consent or notice (Sec. 653(2), 654(b)); statutory form in Sec. 660; Sec. 659 preserves 'Lady Bird' deeds recorded before July 13, 2020. Medicaid rule HBEE Sec. 29.08 (life estates) says a transfer of the home with a retained life estate and power to sell or mortgage is not a transfer for penalty purposes.	None	legislature.vermont.gov, humanservices.vermont.gov, humanservices.vermont.gov, legislature.vermont.gov, legislature.vermont.gov, legislature.vermont.gov, legislature.vermont.gov, humanservices.vermont.gov, humanservices.vermont.gov
Virginia	Va. Code 55.1-106 is a general statute on a life estate given to another with a power to dispose; it does not address a grantor who keeps the power; not counted, same as West Virginia's 36-1-16. The section provides that where property is disposed of by deed for life with a remainder over and the instrument confers a power on the life tenant to dispose absolutely of the property, the remainder does not fail except to the extent the power is exercised. It does not use the term lady bird or enhanced life estate. No Virginia reported case or DMAS rule recognizing a deed in which the grantor reserves the power was found.	Va. Code Sec. 64.2-621 to 64.2-638 (Uniform Real Property Transfer on Death Act)	law.lis.virginia.gov, law.lis.virginia.gov, law.lis.virginia.gov, dmas.virginia.gov, dmas.virginia.gov, law.lis.virginia.gov, law.lis.virginia.gov, law.lis.virginia.gov, law.lis.virginia.gov, law.lis.virginia.gov, law.lis.virginia.gov, vplc.org
Washington	No Washington statute, reported case or HCA/DSHS rule recognizing a life estate deed with a retained power to sell without the remainder's consent was found. Web search returned only secondary pages, some saying Washington does not provide for it.	Rev. Code Wash. ch. 64.80 (Washington uniform real property transfer on death act)	wa-law.org, wa-law.org, wa-law.org, wa-law.org, hca.wa.gov, hca.wa.gov, hca.wa.gov, hca.wa.gov, dshs.wa.gov, fastdemocracy.com
West Virginia	No statute, reported case or Medicaid rule expressly recognizing a deed in which the grantor reserves a life estate with power to sell without the remainder's consent was found. The closest authority is W. Va. Code Sec. 36-1-16: when an interest is given by sale, gift or will with a remainder over and a power to dispose absolutely, the remainder is defeated only to the extent the power is exercised. But that section speaks of an interest 'given' to a first taker, not reserved by a grantor, and by default it holds sale proceeds subject to the remainder. McDougal v. Musgrave, 46 W. Va. 509 (1899), upholds a reserved plain life estate (seen in search results only). The Income Maintenance Manual covers only plain life estates. CourtListener found no West Virginia or Fourth Circuit opinion using 'lady bird deed' or 'enhanced life estate'.	W. Va. Code Sec. 36-12-1 to 36-12-17 (Uniform Real Property Transfer on Death Act)	code.wvlegislature.gov, code.wvlegislature.gov, bms.wv.gov, wvrecovery.com, wvrecovery.com, code.wvlegislature.gov, code.wvlegislature.gov, code.wvlegislature.gov, code.wvlegislature.gov, wvlegislature.gov, wvlegislature.gov, code.wvlegislature.gov, code.wvlegislature.gov, bfa.wv.gov, supremecourt.ohio.gov, bowlesrice.com, courtlistener.com
Wisconsin	No Wisconsin statute, reported case or DHS rule recognizing a life estate deed with a retained power to sell without the remainder's consent was found. Web searches returned only secondary lists (which omit Wisconsin) and form sites.	Wis. Stat. Sec. 705.15	docs.legis.wisconsin.gov, docs.legis.wisconsin.gov, docs.legis.wisconsin.gov, docs.legis.wisconsin.gov, docs.legis.wisconsin.gov, docs.legis.wisconsin.gov, docs.legis.wisconsin.gov, dhs.wisconsin.gov
Wyoming	No Wyoming statute, reported case or Medicaid rule recognizing a life estate deed with a retained power to sell without the remainder's consent was found. A web search returned only national secondary pages. W.S. 2-18-103(j) preserves other lawful methods of postponing enjoyment until death but does not describe this deed.	W.S. 2-18-101 to 2-18-106 (Nontestamentary Transfer of Real Property on Death Act)	wyoleg.gov, wyoleg.gov, wyoleg.gov, wyoleg.gov, law.cornell.edu, law.cornell.edu

Data and citation

The data is free to reuse with credit. The CSV file and JSON file hold all 51 rows with every citation, and the data dictionary defines each column. The rows are drawn from the firm’s Medicaid estate recovery and home-transfer deed dataset, verified September 23, 2026, with the court decisions re-checked October 7, 2026.

The full dataset is also kept on GitHub, Kaggle and Hugging Face.

Please cite this page as Klagge, Kevin D., Lady Bird Deeds and Transfer on Death Deeds by State, 50 States and DC (2026), StepUpLaw, https://stepuplaw.com/data/lady-bird-deed-by-state/ (DOI 10.5281/zenodo.23199404).

The chart is reviewed after each legislative session and whenever a court decides a lady bird deed case. It was last reviewed on October 7, 2026. Corrections are welcome at [email protected].

Compiled by Kevin D. Klagge, Esq., Fla. Bar No. 99502. This is reference information, not legal advice, and reading it creates no attorney-client relationship. We are licensed in Florida and do not advise on the law of other states. Whether a deed works on a particular property depends on facts a chart cannot hold, so read the cited source and ask a lawyer licensed in that state before relying on any cell.

More Guides on Florida Lady Bird Deeds and Deeds

This guide is part of Florida Lady Bird Deeds and Deeds.

Try the Florida Deed Selector.