Why Key West Homeowners Use a Lady Bird Deed
Plenty of Key West families assume a will handles the house. It does not; a will still goes through probate. 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.
Key West and the Florida Keys are a unique, high-value market of retirees, second-home owners, and seasonal residents spread along the island chain. A high-value island market where second homes, homestead, domicile, and probate avoidance all matter, often for owners who also keep a home up north. See exactly how a lady bird deed works →
Recording a Lady Bird Deed in Monroe County
A deed only protects your family once it is properly recorded, and in Monroe County that happens with the Monroe County Clerk of the Circuit Court and Comptroller. The Monroe County recording office sits at 500 Whitehead Street in Key West, but we e-record your deed electronically, so you never make the trip. The cost to record is modest and set by Florida law, the same in every county, usually around $18 to $30, plus the $0.70 minimum documentary stamp that applies because the deed is a gift at death rather than a sale. 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.
The Mistakes We Fix for Monroe 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 →
One home, one deed, no probate for your Key West family.
A free 30-minute 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 your free consultWhat 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 →
Communities We Serve Near Key West
We work with homeowners across Monroe County, including Marathon, Islamorada, Key Largo, Big Pine Key, Stock Island, Cudjoe Key, and the surrounding area. StepUp Law is a Miami firm serving Key West families remotely; this is not a Key West office, and we frame our work that way out of respect for Florida's advertising rules.
Frequently Asked Questions
Do I need a Key West office to set up a lady bird deed?
No. StepUp Law is a Miami firm that serves Key West and Monroe County homeowners remotely, 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 Key West lady bird deed get recorded?
With the Monroe 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, plus a $0.70 minimum documentary stamp because no sale is taking place.
Will a lady bird deed help my Key West 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 Monroe County families use it.
Can I still sell my Key West 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 June 7, 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. We serve Key West and Monroe County residents remotely. Do not send confidential information until we have agreed to represent you.