Before You Submit
Hillsborough County Deed Checklist
Review your deed carefully before submitting. A Florida deed intended for recording generally includes:
- “Prepared by” name and address
- Owner (grantor) name printed beneath each signature, with post-office address
- Beneficiary (grantee) name and post-office address
- Legal description of the Hillsborough County property, not just the street address
- The property’s folio (parcel ID) number, if available
- Two witnesses, with printed names and post-office addresses
- Notarial acknowledgment, with the notary’s printed name
- The top 1 inch of each page left clear for the Clerk’s recording stamp
This checklist reflects common Florida recording requirements (see F.S. 689.01 and F.S. 695.26) and is not a substitute for legal advice. If you are unsure whether your deed is properly executed, consult a qualified Florida attorney before recording.
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 for an Enhanced Life Estate Deed.
Does the Hillsborough County Clerk provide a Lady Bird Deed form?
No. The Hillsborough County Clerk of Court & Comptroller does not offer a Lady Bird (Enhanced Life Estate) Deed form, and the Clerk’s staff cannot give legal advice or help prepare legal forms. Have your deed prepared by a qualified Florida real estate or estate-planning attorney.
Can I electronically record a Lady Bird Deed in Hillsborough County?
Yes. The Hillsborough County Clerk accepts documents for recording through eRecording vendors, and Swift-E Recording Services appears on the Clerk’s courtesy list of eRecording vendors. The Clerk is precluded from recommending any vendor.
Does the deed need witnesses and notarization?
Yes. Florida law (Section 689.01, Florida Statutes) requires a deed conveying an interest in real property to be signed in the presence of two subscribing witnesses, and allows witnesses to be present through audio-video communication technology as defined in Section 117.201. Since January 1, 2024, each witness’s name and post-office address must be printed beneath their signature (Section 695.26). A deed intended for recording should also include a proper notarial acknowledgment.
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?
Generally, no. Under an Enhanced Life Estate Deed, the owner typically keeps control of the property during life, including the ability to sell, mortgage, or lease it, and the beneficiary’s interest is intended to take effect at the owner’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 or a qualified attorney or tax professional before recording. You can estimate your Hillsborough County recording fees, and doc stamps if any apply, with our Florida Doc Stamp & Recording Fee Calculator.
Can I be alerted when a document is recorded on my Hillsborough County property?
Yes. The Hillsborough County Clerk offers a free Property Fraud Alert service that notifies you by email or phone when a document is recorded in your name. It is a useful safeguard after recording a Lady Bird Deed.
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.