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Lady Bird Deed in Fort Myers, Florida

In Fort Myers, the difference between the right deed and the wrong one can be years in probate and thousands in needless tax. A lady bird deed avoids both.

  • No probate on the home, recorded right here in Lee County
  • Full control for life, so you can sell, refinance, or change it anytime
  • Keeps the step-up in basis, and avoids the Medicaid penalty that gifting the home would trigger
Book a No-Cost Phone Consult Attorney-drafted, $399 flat + recording

Quick Overview

A lady bird deed lets your Fort Myers home skip probate and pass straight to your family, with no Medicaid five-year penalty and the step-up in basis preserved. Attorney-drafted from $399 plus recording. The recording, the mistakes to avoid, and the cost are below.

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Below, we walk through the 4 issues that decide whether this is the right move for you. Jump to any one.

  1. Why Fort Myers Homeowners Use a Lady Bird Deed The home passes to your family the moment you die, with no probate, while you keep full control to sell or change it for life. With Fort Myers values near $416,000, keeping that out of court matters.
  2. How a Fort Myers Deed Gets Recorded Your deed protects the family only once it is recorded with the Lee County Clerk of the Circuit Court and Comptroller. We e-record it for you, so you never drive to a courthouse, and the cost is set by Florida law.
  3. The Mistakes We Fix for Lee County Families A plain gift to the kids loses the step-up and can trigger a five-year Medicaid penalty. A do-it-yourself form often misses the homestead and spousal rules that quietly void it.
  4. What It Costs A flat $399 for an individual or $449 for a joint deed, the same price the form mills charge, with an attorney behind it. Only the government recording cost is added, at cost.

That’s the quick version. The details below are what decide your situation, and where the costly mistakes hide.

Why Fort Myers Homeowners Use a Lady Bird Deed

When people in Lee County ask us how to keep the family home simple, the answer is usually the same deed. A lady bird deed (its formal name is an enhanced life estate deed) answers it quietly. The home passes to the people you name the moment you die, with no probate, and you keep complete control while you are alive. You can sell it, borrow against it, or change your mind, all without anyone's permission.

Fort Myers is a Gulf-coast retiree and snowbird hub with extensive 55+ and waterfront communities. A Gulf-coast retiree market with waterfront homes, where homestead, deeds, and probate avoidance are front of mind after recent hurricane title issues. With a median home value around $416,000, keeping that value out of probate and protecting the step-up in basis matters here. See exactly how a lady bird deed works → You do not need a lawyer with an office in Fort Myers, because the deed records in Lee County no matter where it is drafted. Here is how working with a Florida lady bird deed attorney runs, wherever you are.

How a Fort Myers Deed Gets Recorded

A deed only protects your family once it is properly recorded, and in Lee County that happens with the Lee County Clerk of the Circuit Court and Comptroller. The cost to record is modest and set by Florida law, the same in every county, usually around $18 to $30. The Department of Revenue has ruled that an enhanced life estate deed is not subject to documentary stamp tax, and in practice the deed is recorded with a nominal recital and a seventy cent stamp. We pull your exact legal description from the last recorded deed, prepare the document, and e-record it for you, so nothing depends on you driving to a courthouse.

Your Deed in Fort Myers, Step by Step

Lee County has 214,474 homesteads, and the Save Our Homes cap holds the average one $106,490 below its market value in 2026. 127,921 Lee County parcels belong to an owner with a mailing address in another state, and 13,980 more to an owner abroad. An owner who lives elsewhere is the one a lady bird deed helps most, because a Florida house otherwise needs a second probate here. The Lee County court opened 3,467 new probate cases in the 2024 to 2025 court year. A house that passes by lady bird deed stays out of that count.

Street map of Fort Myers around Lee Clerk Official Records, Administration Building, with numbered markers for the places named below
  1. 1Lee Clerk Official Records, Administration Building, 2115 Second Street, Fort Myers, FL 33901. Directions
  2. 2Lee County public parking lot P2923, 2201 Second Street, Fort Myers, FL (a drive, not on the map). Directions
  3. 3Fort Myers Regional Library, 2450 First Street, Fort Myers, FL 33901. Directions
  4. 4Cornog Plaza, 2450 First Street, Fort Myers, FL 33901. Directions
  5. 5Sanibel Captiva Community Bank, 1533 Hendry Street, Fort Myers, FL 33901. Directions
  6. 6Edison National Bank, 2105 First Street, Fort Myers, FL 33901. Directions
  7. 7Downtown Fort Myers Post Office, 1350 Monroe Street, Fort Myers, FL 33901. Directions
  8. 8Starbucks, First Street and Broadway, 1514 Broadway, Fort Myers, FL 33901. Directions
  9. 9Oxbow, 1300 Hendry St, Fort Myers, FL 33901. Directions
  10. 10The Veranda, 2122 Second Street, Fort Myers, FL 33901. Directions
  11. 11Edison and Ford Winter Estates, 2350 McGregor Blvd., Fort Myers, FL. Directions
  12. 12Lee County Property Appraiser, 2480 Thompson Street, Fort Myers, FL 33901. Directions
  13. 13Lee County Tax Collector, Fort Myers driver license office, 2480 Thompson Street, Fort Myers, FL 33901. Directions
  14. 14Lee County Human and Veteran Services, 2440 Thompson St., Fort Myers, FL 33901. Directions
  15. 15Pondella Clinic, Department of Health in Lee County, 83 Pondella Road, North Fort Myers, FL (a drive, not on the map). Directions
Where a Fort Myers deed is recorded, and why we e-record it

In Lee County, deeds are recorded by the Official Records office of the Clerk of the Circuit Court and Comptroller, Kevin C. Karnes, and the main office is in downtown Fort Myers, on the 2nd floor of the Administration Building at 2115 Second Street. The Clerk lists that address first for recording a document in person. Official Records answers at 239-533-5007, and the Clerk’s call center runs Monday to Friday from 8:30 a.m. to 4:45 p.m., with the lobby open until 5 p.m. The mailing address for recordings is P.O. Box 2278, Fort Myers, FL 33902.

The Second Street office also has a drop box outside for recordings. The Clerk asks that the deed, the payment and a self-addressed stamped envelope go in one sealed envelope, and the Clerk holds a recorded document that arrives without that envelope and destroys it after 90 days.

You will not need to walk it in. We record your deed electronically through Simplifile, which is on the Lee Clerk’s own list of e-recording vendors, so the deed never travels by mail and the original never leaves our hands. The Clerk says plainly that it cannot promise same-day recording for anything it receives. The Clerk posts the recording fee as $10 for the first page and $8.50 for each page after, so a two-page deed costs $18.50 to record.

After it records: find it, print it, and watch it

We send you the recorded deed as soon as the Clerk returns it. The deed also appears in the Clerk’s official records search, where you can look it up by your name and print a copy on your own computer. If a bank or title company asks for a certified copy, you can order an e-certified copy online for $8, or ask for one at the Official Records counter on Second Street.

To print a copy in town, the Fort Myers Regional Library at 2450 First Street is about 9 minutes on foot from the Clerk’s office. The library offers document copying, scanning and printing, at 10 cents a page in black and white and $1 a page in color, paid in cash. The library is open Monday to Wednesday from 9 a.m. to 8 p.m., Thursday until 6 p.m., and Friday and Saturday until 5 p.m., and answers at 239-479-4636.

The same Official Records office keeps a piece of the county’s past. The earliest recorded document in Lee County dates to 1887, the year Lee became a county, and the Clerk’s Historical Document Library there holds more than 150 original books, among them the Marks and Brands Record 2 book from 1899, where cattlemen and hog ranchers registered the brands on their livestock. The Clerk cannot copy the old books, but visitors may photograph pages or use a hand-held scanner.

Then take two minutes to sign up for the Clerk’s free Property Fraud Alert. The Clerk emails you within 24 hours when a deed, mortgage or other land record with your registered name or parcel number is recorded, and you can register trusts as well as people. The email comes from Lee Clerk Official Records with the subject line Clerk Recording Activity Notification. If an alert ever shows a deed you did not sign, the Clerk’s page says to report it to the law enforcement agency where the property sits, and we can take it from there.

Signing in Fort Myers, or from anywhere

A Florida deed needs two witnesses and a notary. We set up the signing for you by video, or you can sign in person. The Clerk’s own fee schedule lists notary service at $10 an instrument, so if you are already downtown, call Official Records at 239-533-5007 to ask whether the counter can notarize that day.

The Lee Clerk publishes what a deed needs before it will record. The list includes a prepared-by line with the name and address of the person who drafted it, the mailing addresses of both the owner and the person receiving the home, the names and addresses of both witnesses printed under their signatures, a complete notary block with the seal and commission expiration date, and a blank square three inches by three inches in the top right corner of the first page for the Clerk’s stamp. When we draft your deed, those are handled.

The Clerk’s office sits in the River District, so the errands around it are short walks. Two local banks have branches close by, Sanibel Captiva Community Bank at 1533 Hendry Street about 4 minutes on foot, and Edison National Bank at 2105 First Street about 6 minutes away, so if you bank at either one, a cashier’s check is a quick stop. The Downtown Fort Myers Post Office at 1350 Monroe Street, about 6 minutes on foot, is the place to send certified mail, with window hours weekdays from 8:30 a.m. to 5 p.m. and no Saturday window.

For hot coffee, the Starbucks at First Street and Broadway, 1514 Broadway, is about 4 minutes on foot from the Clerk. For lunch by the water, Oxbow at 1300 Hendry Street serves lunch and dinner dockside on the Caloosahatchee, about 10 minutes on foot, at 239-314-3856. The Veranda, across Second Street at 2122 Second Street and about 2 minutes on foot, has served dinner downtown since 1978, Monday to Saturday from 5 p.m., with the bar opening at 4. After a visit to the library, Cornog Plaza outside it, home of the Southwest Florida Reading Festival, is an easy place to sit a while.

If you drive in, park at the county’s public lot on the corner of Second Street and Hendry Street, 2201 Second Street, about 2 minutes on foot from the Clerk’s door. On weekdays from 7:30 a.m. to 5:30 p.m. the county posts the rate as $1.35 for the first hour and $1.00 for each additional half hour, and the lot takes mobile payment.

If you have an hour to spare, the Edison and Ford Winter Estates at 2350 McGregor Boulevard are about 20 minutes on foot along the river. The estates date from 1885, when Thomas Edison first visited Southwest Florida and bought the land to build a winter home, and today twenty acres of historic gardens surround the restored botanical laboratory where Edison, Henry Ford and Harvey Firestone worked side by side. The estates are open daily from 9 a.m. to 5:30 p.m.

Your homestead exemption in Lee County

Homestead is handled by Matt Caldwell, the Lee County Property Appraiser, whose office is also downtown, on the 4th floor of the Melvin Morgan Constitutional Complex at 2480 Thompson Street, about 12 minutes on foot from the Clerk. The office is open Monday to Friday from 8:30 a.m. to 5 p.m. The main line is 239-533-6100, and exemption questions go to [email protected]. You can file online, by email, in person, or by mail to P.O. Box 1546, Fort Myers, FL 33902, and the deadline is March 1.

Fort Myers owners 65 and older should know one local number. The City of Fort Myers has adopted the limited-income senior exemption at $25,000. The senior exemption has its own March 1 deadline, and the Property Appraiser accepts the income paperwork until June 1.

The Property Appraiser also says that when ownership of a homestead changes in any manner, including putting the home into certain kinds of trusts, you need to contact the office. A lady bird deed changes the title too, so we tell you whether yours calls for a call to the exemptions desk, and you can ask them directly at 239-533-6100.

If you are a veteran with a disability rating

A disabled veteran may qualify for more than the basic homestead exemption, and the proof comes from the U.S. Department of Veterans Affairs. The Lee County Property Appraiser lists a $5,000 exemption for an honorably discharged veteran with a service-connected disability of 10 percent or more, a full exemption from property taxes on the homestead for an honorably discharged veteran with a service-connected total and permanent disability, and a discount equal to the disability rating when part of the disability is combat-related. Surviving spouses can keep some of these exemptions.

Lee County’s Veteran Services team helps with the VA side of this, including a copy of your DD-214, which the Property Appraiser asks for with the combat-related discount. The team works from Lee County Human and Veteran Services at 2440 Thompson Street, about 10 minutes on foot from the Clerk, by phone or by appointment, weekdays from 8 a.m. to 5 p.m., and the county says visitors without an appointment are not being accepted. Call 239-533-8381 or email [email protected].

If your name has changed since you bought the home

Marriage or divorce often leaves a home titled in a name you no longer use. We write the new deed with both names, the name on your old deed and your name today, so the record connects them and a future title search does not stall on the difference.

Your driver license should match as well. The Florida Department of Highway Safety and Motor Vehicles requires every name change on a license to be made in person, and only after the Social Security Administration has updated your name, allowing 24 to 48 hours after that. In Lee County the Tax Collector runs the driver license offices, and the Fort Myers office is in the same Constitutional Complex as the Property Appraiser, 2480 Thompson Street, open Monday, Tuesday, Wednesday and Friday from 8:30 a.m. to 5 p.m. and Thursday from 9 a.m. to 5 p.m., at 239-533-6000. Book a Driver License or ID Change or Replacement appointment on the Tax Collector’s website first.

When the time comes: what your family does, without probate

After you die, the house is already your family’s. To show that in the record, they record a certified copy of your death certificate and an affidavit, and then a title company can insure a sale. The Lee Clerk records only a certified Florida death certificate issued without the cause of death, so the family orders that version.

The Department of Health in Lee County issues death certificates at the Pondella Clinic, 83 Pondella Road in North Fort Myers, a short drive across the Caloosahatchee from downtown, Monday to Friday from 9 a.m. to 4 p.m. Each certificate is $11, a rush order adds $10, and the clinic’s main line is 239-461-6100. The office issues certificates for Florida deaths from 2009 on and asks for a photo ID. We prepare and record the rest.

Local details checked September 29, 2026 on the offices' and businesses' own sites and Google Maps. Places are listed for convenience, not as a recommendation; call ahead, since hours change. Map data © OpenStreetMap contributors. County figures from the Florida Department of Revenue 2026 property roll and Data Book and the Florida courts' FY 2024 to 2025 Statistical Reference Guide. Sources: Lee Clerk contact directory and hours · Lee Clerk, record a document · Lee Clerk e-recording vendors · Lee Clerk fees and costs · Lee Clerk copies of documents · Lee Clerk search official records · Lee Clerk Property Fraud Alert · Lee Clerk Historical Document Library · Fort Myers Regional Library · Lee County Library System print services · Lee County Property Appraiser location and hours · Lee County Property Appraiser exemptions · Florida Department of Health in Lee County, death certificates · Pondella Clinic · USPS Downtown Fort Myers · FDIC BankFind, branches in 33901 · The Veranda · Lee County public parking lots · Starbucks, First Street and Broadway · Oxbow Fort Myers · Edison and Ford Winter Estates · Lee County Veteran Services · Lee County Human and Veteran Services, location and appointments · Lee County Property Appraiser, veteran exemptions · FLHSMV name and address changes · FLHSMV Lee County office locations · Lee County Tax Collector appointments · OpenStreetMap walking routes

The Mistakes We Fix for Lee County Families

The cheap way usually costs the most. A plain gift of the home to the kids loses the step-up in basis (a tax break that can save the family tens of thousands when they sell) and can trigger Florida's five-year Medicaid penalty. A do-it-yourself form often misses the homestead and spousal rules, which can quietly void the deed for a married owner. We handle those checks as part of the flat fee, so the deed actually holds up. What a valid form must contain → · when a deed is the wrong tool →

Protect your Fort Myers home before it ever reaches a courtroom.

A No-Cost Phone Consult confirms a lady bird deed fits, by phone or video. If a trust is the better tool, we will tell you that too.

Book a no-cost consult

What It Costs

Our flat fee is $399 for an individual owner and $449 for a joint deed, the same price the form mills charge, with a real attorney behind it. On top of that you pay only the government recording cost and the documentary stamp, passed through with no markup. The fee is posted up front and honored for 90 days. See the full cost breakdown →

Lady bird deed
$399 · $449 joint
Passes the home to your family at death with no probate, and you keep full control and your homestead protection while you live. One owner $399, joint owners $449. Drafted with the homestead language Florida requires. A quitclaim, warranty or life-estate deed is $399.
Deed revocation or amendment
$250
Revoking or correcting a deed already on record.
Recording costs vary by county and start at $19.20 for a deed. Documentary stamp tax, court filing fees, publication and certified copies are additional and passed through at cost.

Communities We Serve Near Fort Myers

We work with homeowners across Lee County, including McGregor corridor, Town and River, Whiskey Creek, Gateway, River District, Iona, and the surrounding area. StepUpLaw is a Miami firm serving Fort Myers families wherever you are; this is not a Fort Myers office, and we frame our work that way out of respect for Florida's advertising rules.

Frequently Asked Questions

Do I need a Fort Myers office to set up a lady bird deed?

No. StepUpLaw is a Miami firm that serves Fort Myers and Lee County homeowners by phone and video, with the deed signed by remote online notary and e-recorded in your county. Many of our clients are adult children handling a Florida parent's home from another state.

Where does a Fort Myers lady bird deed get recorded?

With the Lee County Clerk of the Circuit Court and Comptroller, in the county where the property sits. Recording fees are set by Florida law and are the same in every county, usually about $18 to $30 for a deed like this. The Department of Revenue has ruled that an enhanced life estate deed is not subject to documentary stamp tax, and in practice the deed is recorded with a nominal recital and a seventy cent stamp.

Will a lady bird deed help my Fort Myers home avoid Medicaid estate recovery?

Yes. Florida only recovers Medicaid costs from the probate estate. Because a lady bird deed passes the home outside probate, it stays out of recovery's reach, while your homestead also stays exempt during your lifetime. It is one of the main reasons Lee County families use it.

Can the notary be one of the two witnesses on my Fort Myers deed?

Yes, when the notary watches you sign and also signs on a witness line with a mailing address. A notary who only completes the acknowledgment is not a second witness, and a deed with one witness and a notary is a witness short. Florida law cures a missing witness five years after the deed is recorded, absent fraud, so recording promptly with the Lee County Clerk of the Circuit Court and Comptroller is also what starts that clock.

Can I still sell my Fort Myers home after signing?

Yes, and that is the whole point of the "enhanced" part. You keep the right to sell, refinance, rent, or change your mind, all without asking the beneficiaries. If the home is your homestead and you are married, your spouse still joins the deed for a sale or mortgage.


Updated October 18, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate and tax planning, business structuring, 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. We serve Fort Myers and Lee County residents wherever they are. Do not send confidential information until we have agreed to represent you.

Keep your Fort Myers home out of probate

Book a No-Cost Phone Consult with Attorney Kevin D. Klagge, Esq. We confirm the deed fits, draft it, and record it in Lee County for a flat $399 (individual) / $449 (joint) plus recording.