Skip to content
StepUpLaw logo StepUpLaw

Lady Bird Deed in Winter Haven, Florida

Your Winter Haven home is likely the most valuable thing you own. A lady bird deed keeps it out of probate while you stay in full control for the rest of your life.

  • No probate on the home, recorded right here in Polk 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 Winter Haven 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 Polk 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 Winter Haven 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 Polk County 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 Winter Haven Homeowners Use a Lady Bird Deed

Most families in Winter Haven 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.

Winter Haven anchors eastern Polk County on its chain of lakes, a growing area with a long-established retiree and snowbird base. A central-Florida market mixing new arrivals with retirees, where homestead, deeds, Medicaid, and probate avoidance all apply. See exactly how a lady bird deed works → You do not need a lawyer with an office in Winter Haven, because the deed records in Polk 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 Polk County

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. 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 Winter Haven, Step by Step

Polk County has 174,240 homesteads, and the Save Our Homes cap holds the average one $74,921 below its market value in 2026. 58,656 Polk County parcels belong to an owner with a mailing address in another state, and 5,252 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 Polk County court opened 2,554 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 Winter Haven around Winter Haven City Hall (with the Ridge Art Association gallery), with numbered markers for the places named below
  1. 1Winter Haven City Hall (with the Ridge Art Association gallery), 451 Third Street NW, Winter Haven, FL 33881. Directions
  2. 2Northeast Government Center (Clerk recording, Property Appraiser, Tax Collector, Veteran Services), 200 Government Center Blvd., Lake Alfred, FL 33850. Directions
  3. 3Polk County Courthouse, 255 N. Broadway Ave., Bartow, FL 33830 (a drive, not on the map). Directions
  4. 4Lakeland Government Center, 930 E. Parker St., Lakeland, FL 33801 (a drive, not on the map). Directions
  5. 5Polk County Property Appraiser, main office, 255 N Wilson Avenue, Bartow, FL 33830 (a drive, not on the map). Directions
  6. 6Downtown Winter Haven Library, 325 Ave. A NW, Winter Haven, FL 33881. Directions
  7. 7The UPS Store, 1377 6th St NW, Winter Haven, FL 33881. Directions
  8. 8Crews Bank & Trust, Winter Haven Central Park, 347 W Central Ave, Winter Haven, FL 33880. Directions
  9. 9Winter Haven Post Office, 111 W Central Ave, Winter Haven, FL 33880. Directions
  10. 10Ridge Art Association gallery at City Hall, 451 Third Street NW, Winter Haven, FL 33881. Directions
Who records your deed in Polk County, and how we record it

In Polk County, deeds are recorded by Stacy M. Butterfield, the Clerk of the Circuit Court and Comptroller, who also serves as County Recorder. The Clerk has no recording office in Winter Haven. Official records are recorded at three offices, and the one closest to Winter Haven is the Northeast Government Center, 200 Government Center Boulevard in Lake Alfred. The other two are the Polk County Courthouse in Bartow, 255 North Broadway Avenue, and the Lakeland Government Center, 930 East Parker Street. The Clerk’s offices are open Monday through Friday from 8 a.m. to 4:30 p.m., and the main line is 863-534-4000.

You will not need to make the drive. We record your deed electronically through Simplifile, which is on the Polk Clerk’s own list of eRecording partners, so the original never leaves our hands and nothing travels by mail. The Clerk posts the recording fee as $10 for the first page and $8.50 for each page after that, so a two-page deed costs $18.50 to record, plus $1 for each name after the fourth.

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 free official records search, which covers 1957 to the present, and you can print an uncertified copy at home at no charge. Polk keeps older deeds online too, back to 1861, in a separate historical deed search.

To print it in town, the Downtown Winter Haven Library at 325 Avenue A NW, about five minutes on foot from City Hall, lets you send a file from your phone, tablet or laptop to its printers and pick it up at the Walk-Up Window with a four-digit code, paying by card or PayPal. Print jobs wait 24 hours. The library is open Monday through Thursday from 9 a.m. to 6 p.m. and Friday and Saturday from 9 a.m. to 5 p.m., at 863-291-5880.

If a bank or title company asks for a certified copy, the Clerk offers electronic certification for official records, a tamper evident PDF you can download within minutes and print as often as you need. A mailed certified copy can be requested online as well. At the counter, the Clerk charges $1 a page for a copy and $2 to certify.

Then take two minutes to sign up for the Clerk’s free Property Alert, which the Clerk opens to anyone with records in Polk’s 17 municipalities, Winter Haven among them. You register with an email address and then choose your name, your parcel ID number, or both. Whenever a document is recorded in Polk County that matches, the Clerk emails you with instructions for finding it. If a deed you never signed shows up, the Clerk’s advice is to report it to the Polk County Sheriff’s Office at 863-298-6200 or your local police.

Signing your deed, near City Hall or from anywhere

A Florida deed needs two witnesses and a notary, and the Polk County Property Appraiser says the same thing on its own help page. We set up the signing for you by video, so you can sign at home in Winter Haven with nobody driving anywhere.

If you would rather sign in person, The UPS Store at 1377 6th Street NW has a commissioned notary on staff, lists deeds among the documents it notarizes, offers notary service seven days a week, and takes appointments online. The store is about 17 minutes on foot from City Hall. Ask ahead whether it can supply the two witnesses, because the store says to check before you visit.

Polk’s Clerk does not publish a separate deed checklist, so the formal requirements are Florida’s, including each witness’s printed name and post office address under the signature. When we draft and record the deed, those details are handled.

If you are at City Hall anyway

Winter Haven City Hall is at 451 Third Street NW, at 863-291-5600, and it doubles as a gallery. The Ridge Art Association keeps one of its two galleries inside City Hall, open weekdays from 8 a.m. to 5 p.m., so there is something to look at while you wait.

The errands are a short walk apart. Crews Bank & Trust, a Florida community bank, has its Winter Haven Central Park office at 347 West Central Avenue, about seven minutes on foot, which helps if you bank there and need a cashier’s check. The Winter Haven post office at 111 West Central Avenue is about ten minutes away, with the retail counter open weekdays from 8:30 a.m. to 6 p.m. and Saturday from 9 a.m. to 2:30 p.m., for anything that has to go out by certified mail.

Winter Haven calls itself the Chain of Lakes City, and the city counts 50 lakes within or bordering its limits. The city’s trails run more than 13 miles, including 1.5 miles along Lake Howard and the 3.6 mile Chain of Lakes Trail, which the city calls the spine of the system.

Your homestead exemption in Polk County

Homestead is handled by Neil Combee, the Polk County Property Appraiser. The office nearest Winter Haven is in the Northeast Government Center, 200 Government Center Boulevard in Lake Alfred, open weekdays from 8 a.m. to 4:30 p.m., at 863-401-2424, the same building where the Clerk records deeds. A second office is in Lakeland at 930 East Parker Street, Suite 272. The main office is at 255 North Wilson Avenue in Bartow, where the Property Appraiser’s site says counter service is paused during a renovation. The exemptions line is 863-534-4777, and the email is [email protected].

You can file online at exemptions.polkflpa.gov, which the Property Appraiser says takes most homeowners less than 15 minutes, or in person, by mail or by email. Bring your Florida driver license and Social Security number, plus a Florida voter or vehicle registration or another proof of residency showing the home’s address. The statutory deadline is March 1 each year. Applications for 2027 are being taken now, and once an exemption is approved it renews automatically.

The Property Appraiser answers the question that matters for a lady bird deed on its own FAQ page. To keep the homestead exemption, the person claiming it must have equitable title, a life estate, or a beneficial interest for life, and a lady bird deed keeps a life estate for you. If the home is held in a trust, the Property Appraiser may ask for a copy of the trust agreement after you apply.

Expect a lag after recording. The Property Appraiser’s deed department typically takes four to six weeks after a deed records before the new ownership shows on its website, and longer when volume is high, so the old owner line on the parcel page for a few weeks is normal.

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 letter from the U.S. Department of Veterans Affairs. The Polk County Property Appraiser lists a $5,000 exemption for an honorably discharged veteran with a service connected disability of 10 percent or more, a full exemption on the homestead for a veteran with a service connected total and permanent disability, and a separate exemption for a veteran 65 or older with a combat related disability. Some of these carry over to a surviving spouse.

Polk County Veteran Services helps with the paperwork, and its office nearest Winter Haven is again the Northeast Government Center, 200 Government Center Boulevard in Lake Alfred, by appointment on Wednesdays and Thursdays. Appointments are made at 863-534-5220 or through the county’s online request form.

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 too, because the Property Appraiser asks for it when you file for homestead. The Florida Department of Highway Safety and Motor Vehicles requires every name change on a license to be made in person, and only after the Social Security Administration has updated your name, allowing 24 to 48 hours after that. In Polk County, driver licenses are issued by the Tax Collector, which has no service center in Winter Haven. The nearest is the Lake Alfred Service Center in the Northeast Government Center, 200 Government Center Boulevard, open weekdays from 8:30 a.m. to 5 p.m., with driver license service by appointment and a 4 p.m. cutoff. The Winter Haven tag agency on Avenue M NW handles titles and registrations, not licenses.

When the time comes: what your family does, without 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. The Florida Department of Health in Polk County issues death certificates nearest Winter Haven at its Office of Vital Statistics on Government Center Boulevard in Lake Alfred, open weekdays from 8 a.m. to 4:30 p.m., at 863-519-8446. The fee is $10 a certificate, and the county office covers Florida deaths from 2009 on. 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: Polk Clerk, Official Records · Polk Clerk, eRecording · Polk Clerk, eRecording partners · Polk Clerk, Fees · Polk Clerk, Records Requests · Polk Clerk, Property Fraud Alert · Polk Clerk, Protect Your Records with Property Alert (December 3, 2025) · Polk Clerk, Contact Us · Polk Clerk, Hours and Holidays · Polk Clerk, About the Clerk · Polk County Property Appraiser, home page · Polk County Property Appraiser, office locations · Polk County Property Appraiser, exemptions · Polk County Property Appraiser, important dates · Polk County Property Appraiser, FAQ · Polk County Veteran Services · Polk County Tax Collector, locations and hours · FLHSMV name and address changes · Florida Department of Health in Polk County, death certificates · Florida Department of Health in Polk County, Lake Alfred Office of Vital Statistics · City of Winter Haven, contact · City of Winter Haven, Library · City of Winter Haven, Library About and FAQ · City of Winter Haven, Arts and Culture · City of Winter Haven, Our Lakes · City of Winter Haven, Parks and Trails · The UPS Store, 1377 6th St NW, notary · USPS, Winter Haven · FDIC BankFind

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 →

One home, one deed, no probate for your Winter Haven 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 Winter Haven

We work with homeowners across Polk County, including Cypress Gardens, Eloise, Inwood, Lake Alfred, Auburndale, Wahneta, and the surrounding area. StepUpLaw is a Miami firm serving Winter Haven families wherever you are; this is not a Winter Haven office, and we frame our work that way out of respect for Florida's advertising rules.

Frequently Asked Questions

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

No. StepUpLaw is a Miami firm that serves Winter Haven and Polk 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 Winter Haven 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. 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 Winter Haven 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 the notary be one of the two witnesses on my Winter Haven 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 Polk County Clerk of the Circuit Court and Comptroller is also what starts that clock.

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

Keep your Winter Haven 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 Polk County for a flat $399 (individual) / $449 (joint) plus recording.