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Lady Bird Deed in Lakeland, Florida

A lady bird deed lets your Lakeland home pass straight to the people you love when you die, with no probate and nothing given up while you are alive.

  • No probate on the home, recorded right here in Polk County
  • Full control for life: 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 free 30-minute consult Attorney-drafted, $399 flat + recording

Quick Overview

A lady bird deed lets your Lakeland 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 Lakeland 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.
  2. How a Lakeland Deed Gets Recorded Your deed protects the family only once it is recorded with the Polk 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 Polk 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 Lakeland Homeowners Use a Lady Bird Deed

The worry we hear most often from Lakeland homeowners is leaving their children a mess instead of a home. 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.

Lakeland anchors Polk County in the I-4 corridor between Tampa and Orlando, a fast-growing area drawing both young families and retirees. A growing central-Florida market of new arrivals and retirees, where first estate plans, homestead, and probate-avoidance deeds all apply. See exactly how a lady bird deed works →

How a Lakeland Deed Gets Recorded

A deed only protects your family once it is properly recorded, and in Polk County that happens with the Polk County Clerk of the Circuit Court and Comptroller. The Polk County recording office sits at 255 North Broadway Avenue in Bartow, 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 Polk 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 Lakeland home before it ever reaches a courtroom.

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 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 →

Communities We Serve Near Lakeland

We work with homeowners across Polk County, including South Lakeland, Lake Hollingsworth, Grasslands, Christina, Highland City, Winter Haven, and the surrounding area. StepUp Law is a Miami firm serving Lakeland families remotely; this is not a Lakeland office, and we frame our work that way out of respect for Florida's advertising rules.

Frequently Asked Questions

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

No. StepUp Law is a Miami firm that serves Lakeland and Polk 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 Lakeland lady bird deed get recorded?

With the Polk 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 Lakeland 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 Polk County families use it.

Can I still sell my Lakeland 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 Lakeland and Polk County residents remotely. Do not send confidential information until we have agreed to represent you.

Keep your Lakeland home out of probate

Book a free 30-minute consult. We confirm the deed fits, draft it, and record it in Polk County for a flat $399 (individual) / $449 (joint) plus recording.