Before You Submit
Palm Beach County Deed Checklist
Review the document carefully before submitting. The county’s Enhanced Life Estate Deed form provides spaces for the following:
- Prepared By & Return To information
- Parcel Control Number
- Grantor name and address
- Grantee beneficiary name and address
- Legal description of the Palm Beach County property
- Two witness signatures, printed names, and addresses
- Grantor signature and printed name
- Notarial acknowledgment
- Blank recording-information space at the top of the form
This checklist summarizes fields visible on Palm Beach County’s published form and is not a substitute for legal advice or the Clerk’s current recording requirements.
Questions
Frequently Asked Questions
Is a Lady Bird Deed the same as an Enhanced Life Estate Deed?
Yes. “Lady Bird Deed” is the commonly used name; Palm Beach County labels its form “Enhanced Life Estate Deed (Lady Bird Deed).”
Does Palm Beach County provide a Lady Bird Deed form?
Yes. The Clerk publishes an Enhanced Life Estate Deed form in its recording-forms section. The Clerk describes its forms as examples/guidelines that may or may not be appropriate for every situation. This page links directly to the Clerk-hosted form.
Can I electronically record a Lady Bird Deed in Palm Beach County?
Yes. A properly completed and recordable deed can be submitted electronically for recording in Palm Beach County through an authorized eRecording provider such as Swift-E Recording.
Does the deed need witnesses and notarization?
Yes. Florida law (Section 689.01, Florida Statutes) generally requires a deed conveying an interest in real property to be signed in the presence of two subscribing witnesses. The Palm Beach County Clerk’s Enhanced Life Estate Deed form also provides spaces for two witnesses and a notarial acknowledgment, which may be completed by physical presence or online notarization.
Does a Lady Bird Deed avoid probate?
A Lady Bird Deed is commonly used as an estate-planning tool intended to allow property to pass to a named beneficiary at the owner’s death while the owner retains control during life. Whether a particular deed achieves that result depends on how it is prepared, the property involved, and the owner’s circumstances. Swift-E does not provide legal advice; consult a qualified Florida attorney if you have questions about probate or estate planning.
Does the beneficiary own the property immediately?
No. Under the Palm Beach County Clerk’s Enhanced Life Estate Deed form, the grantor reserves a life estate and an unrestricted power to convey during the grantor’s lifetime, including the power to sell, gift, mortgage, lease, or otherwise dispose of the property. The transfer to the named beneficiary is effective on the grantor’s death, if the deed remains in effect.
Are documentary stamp taxes required on a Lady Bird Deed?
Documentary stamp tax treatment can vary depending on the transaction. If you are unsure whether documentary stamp tax is due on your deed, consult the Florida Department of Revenue, the Palm Beach County Clerk, or a qualified attorney or tax professional before recording. You can estimate your Palm Beach County recording fees, and doc stamps if any apply, with our Florida Doc Stamp & Recording Fee Calculator.
Can Swift-E prepare my Lady Bird Deed?
No. Swift-E provides electronic recording services only. We don’t prepare deeds, provide legal advice, or determine whether a Lady Bird Deed is appropriate for your situation. If you need help preparing or reviewing a deed, consult a qualified Florida real estate or estate-planning attorney.