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Lady Bird Deed in Port Charlotte, Florida

For Port Charlotte homeowners, a lady bird deed is the simplest way to keep the house out of probate and beyond the reach of Medicaid estate recovery.

  • No probate on the home, recorded right here in Charlotte 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 free consultation Attorney-drafted, $399 flat + recording

The firm is in Miami and your consultation is by phone or Zoom. You sign from home by online notarization, and your deed records in Charlotte County.

Quick Overview

A lady bird deed keeps your Port Charlotte home out of probate and passes it to the people you name when you die, while you keep full control to sell, refinance, or change it for life. Attorney-drafted from $399 plus recording, signed wherever you are and e-recorded with the Charlotte County Clerk of the Circuit Court and County Comptroller. Whether it fits your home comes down to the recording, mistakes, and cost details below.

Topics to Know HideShow

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

  1. Why Port Charlotte 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 Port Charlotte values near $269,900, keeping that out of court matters.
  2. Where Your Deed Records in Charlotte County Your deed protects the family only once it is recorded with the Charlotte County Clerk of the Circuit Court and County 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 Charlotte 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 Port Charlotte Homeowners Use a Lady Bird Deed

Plenty of Port Charlotte 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.

Port Charlotte is significantly older than Florida overall, with a median age of 55 and 33 percent over 65. Planning demand among the 66,133 residents is heavily retirement focused. Charlotte County homes carry a median value of $269,900, and a lady bird deed can keep that equity out of probate for the next generation. With a median home value around $269,900, 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 Port Charlotte, because the deed records in Charlotte County no matter where it is drafted. Here is how working with a Florida lady bird deed attorney runs, wherever you are.

Where Your Deed Records in Charlotte County

A deed only protects your family once it is properly recorded, and in Charlotte County that happens with the Charlotte County Clerk of the Circuit Court and County Comptroller. The Charlotte County recording office sits at 350 East Marion Avenue in Punta Gorda, 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. 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.

Notary Services in Port Charlotte

The firm prepares your deed or trust and most clients sign from home by online notarization, with the firm arranging the notary and the two witnesses by video. Some people prefer to sign on paper in person. A Florida deed must be signed in front of two witnesses and acknowledged before a notary, so you need to bring two adult witnesses who are not named in the deed. Do not count on the store to supply witnesses. Call the store first to confirm a notary is on duty that day.

The UPS Store locations in Port Charlotte that list notary services, with posted hours
StoreAddressPhoneHours
The UPS Store #761419400 Cochran Blvd, Ste 150, Port Charlotte 33948(941) 273-3197Mon to Fri 8 am to 6 pm · Sat 8 am to 4 pm · Sun 11 am to 4 pm
The UPS Store #3195Between Olean Blvd And Harbor Blvd3280 Tamiami Trail, Ste 36, Port Charlotte 33952(941) 764-9500Mon to Fri 8 am to 6:30 pm · Sat 9 am to 2:30 pm · Sun 10 am to 3 pm
The UPS Store #4522Shopping Center At Veterans, Kings Hwy & Peach Land24123 Peachland Blvd, Unit C-4, Port Charlotte 33954(941) 764-0048Mon to Fri 8 am to 6 pm · Sat 8 am to 4 pm · Sun 11 am to 4 pm
The UPS Store #4198In The Publix Shopping Center At The Corner Of Route 776 & 77113435 S McCall Road, Unit 16, Port Charlotte 33981(941) 698-9600Mon to Fri 8 am to 6 pm · Sat 8:30 am to 4:30 pm · Sun 10 am to 3 pm

Hours read from each store’s own page on October 30, 2026. Confirm by phone before you go.

The Mistakes We Fix for Charlotte 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 Port Charlotte families keep the home simple.

A free consultation 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 free consultation

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 Port Charlotte

We work with homeowners across Charlotte County, and the surrounding area. StepUpLaw is a Miami firm serving Port Charlotte families wherever you are; this is not a Port Charlotte office, and we frame our work that way out of respect for Florida's advertising rules.

Frequently Asked Questions

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

No. StepUpLaw is a Miami firm that serves Port Charlotte and Charlotte 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 Port Charlotte lady bird deed get recorded?

With the Charlotte County Clerk of the Circuit Court and County 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 Port Charlotte 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 Charlotte County families use it.

Can the notary be one of the two witnesses on my Port Charlotte 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 Charlotte County Clerk of the Circuit Court and County Comptroller is also what starts that clock.

Can I still sell my Port Charlotte 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 Port Charlotte and Charlotte County residents wherever they are. Do not send confidential information until we have agreed to represent you.

Keep your Port Charlotte home out of probate

Book a free consultation with Attorney Kevin D. Klagge, Esq. We confirm the deed fits, draft it, and record it in Charlotte County for a flat $399 (individual) / $449 (joint) plus recording.