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Lady Bird Deed in Stuart, Florida

For Stuart 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 Martin 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

For Stuart homeowners, a lady bird deed is the simplest way to pass the home with no probate while keeping full control during your life. It is attorney-drafted from $399 plus recording and e-recorded for you in Martin County. The recording steps, the common mistakes, and the cost that decide it are 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 Stuart 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. Recording a Lady Bird Deed in Martin County Your deed protects the family only once it is recorded with the Martin 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 Martin 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 Stuart Homeowners Use a Lady Bird Deed

Plenty of Stuart 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.

Stuart and Martin County are an affluent Treasure Coast retiree and boating community, popular with retirees relocating from high-tax states. An affluent older coastal base pushes planning toward revocable trusts, homestead, domicile, and high-value probate avoidance. See exactly how a lady bird deed works → You do not need a lawyer with an office in Stuart, because the deed records in Martin County no matter where it is drafted. Here is how working with a Florida lady bird deed attorney runs, wherever you are.

Recording a Lady Bird Deed in Martin County

A deed only protects your family once it is properly recorded, and in Martin County that happens with the Martin County Clerk of the Circuit Court and Comptroller. The Martin County recording office sits at 100 Southeast Ocean Boulevard in Stuart, 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.

Your Deed in Stuart, Step by Step

Martin County has 48,966 homesteads, and the Save Our Homes cap holds the average one $234,670 below its market value in 2026. 11,369 Martin County parcels belong to an owner with a mailing address in another state, and 451 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 Martin County court opened 798 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 Stuart around Martin County Courthouse, Clerk Official Records, with numbered markers for the places named below
  1. 1Martin County Courthouse, Clerk Official Records, 100 SE Ocean Boulevard, Stuart, FL. Directions
  2. 2Martin County Property Appraiser, 3473 SE Willoughby Boulevard, Suite 101, Stuart, FL (a drive, not on the map). Directions
  3. 3Department of Health in Martin County, 3441 SE Willoughby Boulevard, Stuart, FL (a drive, not on the map). Directions
  4. 4Driver license office, Stuart, 3485 SE Willoughby Blvd., Stuart, FL 34994 (a drive, not on the map). Directions
  5. 5Martin County Veterans Services, 2401 SE Monterey Road, Stuart, FL 34996 (a drive, not on the map). Directions
  6. 6The UPS Store #3631, 2336 SE Ocean Boulevard, Stuart, FL (a drive, not on the map). Directions
  7. 7The Googan Coffee Shop, 55 SW Flagler Avenue, Stuart, FL 34994. Directions
  8. 8Osceola Street Cafe, 26 SW Osceola Street, Stuart, FL. Directions
  9. 9The Roasted Record, 600 Colorado Avenue, Stuart, FL. Directions
  10. 10Luna Italian Cuisine, 49 SW Flagler Ave, Stuart, FL 34994. Directions
  11. 11Wells Fargo Stuart Main Branch, 301 SE Ocean Boulevard, Stuart, FL. Directions
  12. 12Seacoast National Bank, 815 S Colorado Avenue, Stuart, FL. Directions
  13. 13Stuart Post Office, 801 SE Johnson Avenue, Stuart, FL. Directions
  14. 14Riverwalk Park, 121 SW Flagler Avenue, Stuart, FL. Directions
  15. 15Courthouse parking lot, SW Flagler Avenue, Stuart, FL. Directions
  16. 16Stuart Heritage Museum, 161 SW Flagler Avenue, Stuart, FL. Directions
Who records your deed in Martin County, and why we e-record it

In Martin County, deeds are recorded by the Official Records Department of the Clerk of the Circuit Court and Comptroller, Carolyn Timmann, on the first floor of the Martin County Courthouse at 100 SE Ocean Boulevard in downtown Stuart. Official Records is open Monday to Friday from 8 a.m. to 5 p.m., answers at 772-288-5551, and takes email at [email protected].

You will not need to go downtown. We record your deed electronically through Simplifile, which is on the Martin County Clerk’s own list of approved e-recording vendors. A deed sent by mail has to go to a post office box with a self-addressed envelope for its return, and an e-recorded deed skips both trips. 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. The online index covers documents recorded from January 1, 1986, and records older than that are kept on microfilm in the Clerk’s Archives Department on the same first floor.

For a paper copy in the file drawer, print it at home, or drive about two miles east to The UPS Store #3631 in the Ocean East Mall at 2336 SE Ocean Boulevard, which makes copies and prints documents, at 772-221-9300.

If a bank or title company asks for a certified copy, the Clerk charges $1 a page plus $2 for the certification at the counter, and sells e-certified copies online through E-Certify, so nobody has to drive downtown for that either.

Then take two minutes to sign up for the Clerk’s free Recording Activity Notification, the county’s property fraud alert. The service emails you every time a land records document is recorded under the name you register. The alert matches names exactly, so the Clerk suggests registering a few versions of your name, with and without a middle name or initial.

Signing in Stuart, 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 UPS Store #3631 at 2336 SE Ocean Boulevard lists notary service and keeps separate notary hours, so call ahead.

The Martin County Clerk publishes what a deed needs before it will record. Each signer’s and each witness’s name is printed under the signature, both witnesses’ addresses appear on the deed, the notary’s seal, commission number and expiration date are there, the page carries the preparer’s name and address and the mailing addresses of the owner and the person receiving the home, and a 3 by 3 inch space in the top right corner of the first page stays blank. When we draft your deed, those are handled.

If you do come downtown to the courthouse, the Clerk and the court share a free parking lot on SW Flagler Avenue on the west side of the building. The Googan Coffee Shop, a veteran-owned cafe at 55 SW Flagler Avenue that serves breakfast all day, is about five minutes on foot and opens at 7 a.m. Monday to Saturday. Osceola Street Cafe at 26 SW Osceola Street, also about five minutes away, serves homemade breakfasts until 11 a.m. and soups, salads and sandwiches from 11 a.m. to 3 p.m. on weekdays. The Roasted Record at 600 Colorado Avenue, a coffee roaster and record shop, is about six minutes on foot and open every day from 7 a.m. to 9 p.m. For a sit-down lunch any day of the week, Luna Italian Cuisine at 49 SW Flagler Avenue opens at 11 a.m. and serves pasta, pizza and salads, about 6 minutes on foot from the courthouse.

For a cashier’s check, if you bank there, the Wells Fargo Stuart Main Branch at 301 SE Ocean Boulevard is about five minutes on foot, and Seacoast National Bank at 815 S Colorado Avenue is about ten. The Stuart Post Office at 801 SE Johnson Avenue, about fourteen minutes on foot, is the stop for certified mail, with the window open weekdays from 8:30 a.m. to 5 p.m. and Saturday from 10 a.m. to 1 p.m. Afterward, Riverwalk Park behind City Hall at 121 SW Flagler Avenue, about seven minutes away, has benches, shaded seating and a boardwalk over the St. Lucie River.

A little farther along Flagler Avenue, about 9 minutes on foot from the courthouse, the Stuart Heritage Museum at 161 SW Flagler Avenue fills the old Stuart Feed Store, which the City of Stuart bought in 1988 to hold the town’s history. While the collection was still being gathered, the front of the building was rented for a couple of years to Mrs. Peter’s Smoked Fish House to help pay the bills. Volunteers keep the museum open seven days a week from 10 a.m. to 3 p.m., and admission is always free.

Your homestead exemption in Martin County

Homestead is handled by Jenny Fields, the Martin County Property Appraiser, whose main office is at 3473 SE Willoughby Boulevard, Suite 101, in Stuart, open Monday to Friday from 8 a.m. to 5 p.m. The office answers at 772-288-5608 and [email protected]. A Hobe Sound branch at 11726 SE Federal Highway is open Monday and Tuesday, and the Indiantown office sees people by appointment.

The application is due by March 1, and a mailed application must be postmarked by then. You can file online, in person, or by mail to the Exemption Department at the main office. The Property Appraiser recommends a desktop computer with Chrome or Edge for the online application and answers by email once it is processed.

When a home is held in a trust, the Property Appraiser asks the owner’s attorney to complete a Trust Certificate showing who holds the current beneficial interest. If that person is the same one who filed for homestead, and nothing else about the homestead has changed, the exemption continues without interruption.

If you are a veteran with a disability rating

A disabled veteran may qualify for more than the basic homestead exemption, and the proof is a certificate from the U.S. Department of Veterans Affairs. The Martin County Property Appraiser lists a $5,000 exemption for a veteran disabled at least 10 percent in war or by service-connected misfortune, and on a first filing the letter has to be dated within the year before the application. A veteran with a total and permanent service-connected disability is exempt from all property taxes on the homestead, and widows of veterans with a 10 percent service-connected disability also qualify for the $5,000 exemption. The exemptions desk answers at 772-288-5608.

Martin County Veterans Services helps with VA claims, discharge papers and the DD 214, and it is in Stuart at 2401 SE Monterey Road, open Monday through Friday from 8:30 a.m. to 4:30 p.m., at (772) 288-5448, with housebound visits by appointment. The county also runs a free Uber program for veterans who live in Martin County, and the courthouse and county offices are among the destinations. A veteran applies once at (772) 288-5460 and, once approved, books rides at (772) 463-2860 on weekdays from 8 a.m. to 5 p.m. The office also keeps a retirement box for worn U.S. flags, which should be folded before they go in.

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 at a local office, and only after the Social Security Administration has updated your name, allowing 24 to 48 hours after that. In Stuart the driver license office is at 3485 SE Willoughby Blvd., a few doors from the Property Appraiser at 3473 and the Department of Health at 3441, so a name change, a homestead question and a death certificate can be handled on one trip. The office is run by the Martin County Tax Collector, with driver license service weekdays from 8 a.m. to 4:15 p.m., at 772-288-5600. A second office is in Palm City at 3001 SW Martin Downs Blvd., with the same hours and phone number.

When the time comes: death certificates in Stuart, and no 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.

Certified death certificates come from the Department of Health in Martin County at its main office, 3441 SE Willoughby Boulevard in Stuart, on the same boulevard as the Property Appraiser. The office is open Monday to Friday from 8 a.m. to 5 p.m. and answers at 772-221-4000. Each certificate is $15, and a rush order adds $10. The office issues certificates for Florida deaths from 2009 on, asks for a photo ID, and gives the cause of death only to family or a legal representative. 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: Martin County Clerk, Official Records · Martin County Clerk, Recording · Martin County Clerk, recording fees and preparation of instruments · Martin County Clerk, approved e-recording vendors (PDF) · Martin County Clerk, Records Search · Martin County Clerk, E-Certify · Martin County Clerk, Online Services and Alerts · Martin County Clerk, Recording Activity Notification · Meet the Clerk · Nineteenth Circuit courthouse locations and parking · Martin County Property Appraiser, how to apply · Martin County Property Appraiser, homestead FAQ · Martin County Property Appraiser, office locations · Martin County Property Appraiser, Jenny Fields · Florida Department of Health in Martin County, death certificates · Florida Department of Health in Martin County, Stuart office · The UPS Store #3631 · The Googan Coffee Shop, Flagler Avenue · Osceola Street Cafe · The Roasted Record · FDIC BankFind, branches in 34994 · USPS, Stuart Post Office · Riverwalk Park, City of Stuart · OpenStreetMap walking routes · Luna Italian Cuisine · Stuart Heritage Museum · Martin County Veterans Services · Martin County Property Appraiser, disabled veterans exemptions · FLHSMV name and address changes · FLHSMV Martin County office locations

The Mistakes We Fix for Martin 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 Stuart family.

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 Stuart

We work with homeowners across Martin County, including Sewall’s Point, Palm City, Jensen Beach, Hobe Sound, Rocky Point, Hutchinson Island, and the surrounding area. StepUpLaw is a Miami firm serving Stuart families wherever you are; this is not a Stuart office, and we frame our work that way out of respect for Florida's advertising rules.

Frequently Asked Questions

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

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

With the Martin 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 Stuart 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 Martin County families use it.

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

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

Keep your Stuart 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 Martin County for a flat $399 (individual) / $449 (joint) plus recording.