Before You Submit
Miami-Dade Deed Checklist
Review your deed carefully before submitting. For deeds, the Miami-Dade Clerk and Florida law call for:
- An original document, signed by the owner (grantor)
- “Prepared by” statement with the preparer’s name and address
- Names and post-office addresses of the owner (grantor) and beneficiary (grantee)
- Legal description of the Miami-Dade property, not just the street address
- Two witnesses not related to the transaction, with printed names and post-office addresses
- A full notary acknowledgment, with the notary’s printed name
- A 3″ × 3″ blank space at the top right of the first page for recording information
- The property’s folio number (not required, but encouraged by the Clerk)
- The Clerk’s property transfer form, which the Clerk lists with its deed requirements
This checklist reflects the Miami-Dade Clerk’s deed requirements and Florida recording law (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 Miami-Dade County provide a Lady Bird Deed form?
No. The Miami-Dade Clerk of the Court and Comptroller does not list a Lady Bird (Enhanced Life Estate) Deed form, and the Clerk’s office cannot give legal advice. Have your deed prepared by a qualified Florida real estate or estate-planning attorney.
Can I electronically record a Lady Bird Deed in Miami-Dade County?
Yes. The Miami-Dade Clerk accepts eRecorded documents through approved vendors, and Swift-E Recording is on the Clerk’s list of approved eRecording vendors. The County Recorder’s Office does not recommend vendors.
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. The Miami-Dade Clerk also requires deeds to include a full notary acknowledgment, with witnesses who are not related to the transaction.
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?
Miami-Dade’s deed rates differ from the rest of Florida: the Clerk lists documentary stamps at $0.60 per $100 of consideration, plus a $0.45 per $100 surtax on transfers of property other than a single-family residence. Whether any tax is due on a particular Lady Bird Deed depends on the transaction, so if you are unsure, consult the Florida Department of Revenue or a qualified attorney or tax professional before recording. You can estimate your Miami-Dade 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.