Why Miami Homeowners Use a Lady Bird Deed
Most families in Miami never think about how their home will pass until something forces the question. 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.
Miami’s planning demand is driven less by age than by high-value real estate, a large international and snowbird population, and cross-border families. High-value waterfront and condo wealth plus a large international and snowbird base make Florida homestead protection and domicile (§222.17) the wedge. With a median home value around $598,000, keeping that value out of probate and protecting the step-up in basis matters here. See exactly how a lady bird deed works →
Where Your Deed Records in Miami-Dade County
A deed only protects your family once it is properly recorded, and in Miami-Dade County that happens with the Miami-Dade Clerk of the Court and Comptroller. The Miami-Dade County recording office sits at 20 NW 1st Avenue in downtown Miami, 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 Miami-Dade 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 →
Helping Miami families keep the home simple.
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 Miami
We work with homeowners across Miami-Dade County, including Brickell, Coconut Grove, Coral Gables, Key Biscayne, Pinecrest, Coral Way, Edgewater, and the surrounding area. StepUp Law is a Miami firm serving Miami families remotely; this is not a Miami office, and we frame our work that way out of respect for Florida's advertising rules.
Frequently Asked Questions
Do I need a Miami office to set up a lady bird deed?
No. StepUp Law is a Miami firm that serves Miami and Miami-Dade 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 Miami lady bird deed get recorded?
With the Miami-Dade Clerk of the 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 Miami 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 Miami-Dade County families use it.
Can I still sell my Miami 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 Miami and Miami-Dade County residents remotely. Do not send confidential information until we have agreed to represent you.