The Short Answer
There is no such thing as a "lady bird trust" in Florida. The name blends two different probate-avoidance tools that people mix up all the time: a lady bird deed and a living trust. A lady bird deed is a deed on your home; a living trust is a container for your assets. If you searched for a lady bird trust, you almost certainly want one of those two, and most often it is the deed. Good news: the tool you’re looking for is real, it’s simpler than you think, and it may cost a few hundred dollars rather than a few thousand.
The Two Tools People Confuse
| Lady bird deed | Revocable living trust | |
|---|---|---|
| What it is | A deed on one property | A container for many assets |
| Covers | Your home | Everything you fund into it |
| Avoids probate | Yes (for the home) | Yes (for all of it) |
| Typical cost | $399 to $449 + recording | $3,200 to $4,500 |
So a lady bird deed handles the house cheaply; a revocable living trust handles a whole estate. There is no hybrid "lady bird trust" in between.
Not sure whether you need the deed or the trust?
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Which One You Actually Want
If your goal is to keep a single Florida home out of probate and pass it to your family, the lady bird deed almost certainly does the job, while you keep full control to sell or change your mind. If you own property in more than one state, have a blended family or minor children, want privacy, or want someone to manage everything if you lose capacity, a revocable living trust is usually the better tool. Not sure? The deed selector walks you through it in four questions, or we sort it out at the consult.
Frequently Asked Questions
Is There Such a Thing as a Lady Bird Trust?
No. There is no legal instrument in Florida called a "lady bird trust." The name mixes up two different probate-avoidance tools: a lady bird deed and a living trust. A lady bird deed is a deed on your home; a living trust is a separate container for your assets. People searching for a "lady bird trust" almost always want the lady bird deed, but sometimes a revocable living trust is the better fit. They are not the same thing, and there is no hybrid called a lady bird trust.
What Is the Difference Between a Lady Bird Deed and a Trust?
A lady bird deed (its formal name is an enhanced life estate deed) is a single deed that passes one piece of Florida real estate, usually your home, to the people you name at your death, with no probate, while you keep full control during life. A revocable living trust is a broader tool: you move many assets into it, and it manages and distributes all of them at death or incapacity, also without probate. The deed handles the house cheaply; the trust handles a whole estate. Many people only need the deed.
Which One Do I Actually Need?
It depends on what you own and your goals. If your main concern is keeping a single Florida home out of probate and passing it to your children, a lady bird deed (from $399) usually does the job. If you own property in more than one state, have a blended family or minor children, want privacy, or want someone to manage everything smoothly if you lose capacity, a revocable living trust is usually the better tool. We will tell you honestly which fits at the free consult, and often it is the cheaper one.
Does a Lady Bird Deed Avoid Probate Like a Trust Does?
Yes, for the property it covers. A lady bird deed passes your home outside probate automatically at your death, the same probate-avoidance a trust gives, but only for that one property. A trust avoids probate for everything you put inside it. So if a home is your main asset, the deed accomplishes most of what people want a "lady bird trust" to do, at a fraction of the cost.
Can I Put My Home in a Trust Instead of Using a Lady Bird Deed?
Yes. You can deed your home into a revocable living trust, and it will avoid probate that way too. The lady bird deed is the simpler, cheaper route when the home is the only thing you need to handle; the trust makes more sense when you are coordinating many assets or want the extra management features. Both keep your homestead protections intact when done correctly. We help you choose, and handle the deed either way.
How Much Does Each Cost in Florida?
We prepare a lady bird deed for a flat $399 (individual) or $449 (joint), plus county recording. A full revocable living trust plan is $3,200 for an individual or $4,500 for a couple, which includes the trust, a pour-over will, powers of attorney, health-care documents, and a funding deed. The right answer is whichever actually fits your situation, and we will not sell you the trust if a deed will do.
Common Situations
The "I want a lady bird trust" call. A daughter calls asking us to set up her mother’s "lady bird trust." We explain it is really a deed, look at the estate (one paid-off home, adult kids who get along), and a $399 lady bird deed does exactly what she wanted, no trust needed.
The case for the trust. A couple with a home in Florida, a condo up north, and a child with special needs also thought they wanted a "lady bird trust." Their situation actually calls for a revocable trust (plus a special needs trust), because a single deed cannot coordinate all of that.
The out-of-state son. A widow wants her Florida home to go to her son up north, and he dreads handling a Florida court case from a thousand miles away. A lady bird deed solves it: the home passes to him automatically at her death, with no probate for him to open or travel for. She keeps full control while she lives, including the right to sell or change her mind. He searched for a "lady bird trust," but the tool his mother needed was the $399 deed.
Sources of Law
- The lady bird (enhanced life estate) deed is recognized by Florida common law and the Florida Bar’s Uniform Title Standards; there is no "lady bird deed" or "lady bird trust" statute. Revocable trusts are governed by the Florida Trust Code, Fla. Stat. ch. 736. (retrieved 2026-06-08)
Updated on July 12, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate planning and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice, and no attorney-client relationship is created. Which tool fits depends on your facts. Do not send confidential information until we have agreed to represent you.