Probate is the legal process of settling a deceased person’s estate, and a Lady Bird Deed can help avoid it. Keeping your home out of probate allows it to transfer smoothly to your loved ones without delays or complications.
According to Caring.com’s 2025 Wills and Estate Planning Study, 76% of Americans do not have a will or estate plan, leaving their assets vulnerable to probate delays and legal complications.
A Lady Bird Deed allows property to transfer automatically upon death, avoiding probate entirely. However, since Ohio does not recognize Lady Bird Deeds, homeowners must consider alternative options for transferring property outside of probate.
At Jarvis Law Office, we focus on probate-avoidance strategies like Transfer on Death (TOD) Deeds and Revocable Living Trusts, offering cost-effective solutions to protect your assets.
Key Takeaways
- A Lady Bird Deed allows homeowners to keep control of their property while avoiding probate, but it isn’t recognized in Ohio.
- Ohio residents can use a Transfer on Death (TOD) Deed or a Revocable Living Trust to achieve similar benefits.
- Choosing the right option depends on your estate planning goals, Medicaid concerns, and if you need creditor protection.
What Is a Lady Bird Deed?
A Lady Bird Deed, also called an Enhanced Life Estate Deed, is a legal document that allows homeowners to transfer property to a beneficiary while keeping full control during their lifetime. Unlike a traditional life estate, this type of deed lets the owner sell, mortgage, or change the beneficiary at any time without needing anyone’s permission.
Why Do People Use Lady Bird Deeds?
For many homeowners, the biggest concern is avoiding probate, which is the court process that can delay inheritance and add legal fees. A Lady Bird Deed makes sure that when the owner passes away, the property automatically transfers to the named beneficiary, removing the need for probate.
It’s also a popular choice for Medicaid planning. In states where it’s recognized, a Lady Bird Deed helps protect a home from being taken by Medicaid after the owner’s passing.
Which States Allow Lady Bird Deeds?
Lady Bird Deeds are recognized in the following states:
- Florida
- Michigan
- Texas
- West Virginia
- Vermont
States like Ohio, do not recognize Lady Bird Deeds. Instead, Ohio homeowners often use Transfer on Death (TOD) Deeds, which serve a similar purpose by allowing property to bypass probate.
How to Set Up a Lady Bird Deed: A Step-by-Step Guide
Here are the steps for setting up a Lady Bird Deed:
Step 1: Confirm That Your State Recognizes Lady Bird Deeds
Check if your state allows Lady Bird Deeds, as they are only valid in a few states like Florida, Michigan, and Texas.
Step 2: Draft the Lady Bird Deed
Prepare a deed that clearly states you retain full control over the property during your lifetime while naming a beneficiary.
Step 3: Include Legal Descriptions and Required Language
Make sure the deed includes the full legal property description and specific language granting enhanced life estate rights.
Step 4: Sign the Deed in Front of a Notary
You must sign the deed before a notary public to make it legally valid.
Step 5: File the Deed with the County Recorder
Submit the completed and notarized deed to your local county clerk or recorder’s office for official recording.
Step 6: Keep a Copy for Your Records
Store a copy of the recorded deed in a safe place and inform your beneficiary of its existence.
How Does a Lady Bird Deed Work?
A Lady Bird Deed works by dividing property ownership into two parts:
- The Owner (Life Tenant) → Retains full control during their lifetime.
- The Beneficiary (Remainderman) → Automatically inherits the property upon the owner’s passing.
Unlike a standard life estate, the owner can:
- Sell or refinance the home without asking the beneficiary’s permission.
- Change beneficiaries at any time without legal complications.
- Avoid probate while maintaining full ownership rights.
3 Alternatives to the Lady Bird Deed
For homeowners in states like Ohio, where Lady Bird Deeds aren’t an option, here are the best alternatives:
1. Transfer on Death (TOD) Deed
- Allows homeowners to name a beneficiary who inherits the property without probate.
- Unlike a Lady Bird Deed, it does not allow the owner to change the beneficiary without creating a new deed.
- Simple, cost-effective, and legally recognized under Ohio law.
2. Revocable Living Trust
- Lets you transfer property into a trust that you control during your lifetime.
- Helps avoid probate, allows beneficiary changes, and offers more flexibility than a TOD Deed.
- Can provide Medicaid asset protection, depending on how it is structured.
3. Life Estate Deed
- Grants a remainder interest to beneficiaries, but you cannot revoke or change it without their consent.
- Avoids probate but limits the homeowner’s ability to sell or refinance the property.
Lady Bird Deed vs. Other Estate Planning Options
Probate can be costly and time-consuming, often lasting 9 to 24 months. That’s why many homeowners explore alternative estate planning tools to bypass the probate process entirely. Here’s how Lady Bird Deeds compare to other options:
| Feature | Lady Bird Deed | Ohio TOD Deed | Revocable Living Trust | Life Estate Deed |
| Avoids Probate | ✅ Yes | ✅ Yes | ✅ Yes | ✅ Yes |
| Allows Owner to Sell Without Beneficiary’s Consent | ✅ Yes | ❌ No (New deed required) | ✅ Yes | ❌ No |
| Allows Owner to Change Beneficiary Easily | ✅ Yes | ❌ No (New deed required) | ✅ Yes | ❌ No |
| Medicaid Asset Protection | ✅ Yes (in some states) | ❌ No | ✅ Yes (if irrevocable) | ✅ Yes (but property may still be subject to estate recovery) |
| Recognized in Ohio | ❌ No | ✅ Yes | ✅ Yes | ✅ Yes |
| Legal Difficulty | Low | Low | Moderate | Moderate |
| Cost to Set Up | Low | Low | High (Attorney Fees) | Moderate |
Frequently Asked Questions (FAQ)
Can I use a Lady Bird Deed in Ohio?
No, Ohio does not recognize Lady Bird Deeds. However, a Transfer on Death (TOD) Deed offers similar probate-avoidance benefits.
What happens if I don’t have a TOD Deed or Trust?
Without an estate plan, your property will go through probate, which can be time-consuming and costly for your heirs.
Does a TOD Deed protect my home from medicaid recovery?
No, Medicaid may still recover assets after your passing. A properly structured trust is usually a better option for Medicaid planning.
Can I change the beneficiary on a TOD Deed?
No, you must create and file a new deed to update your beneficiary.
Do I need a lawyer to set up a TOD Deed?
While not required, a lawyer can confirm that a deed is legally sound and fits your overall estate plan.
Take the Next Step in Protecting Your Home and Assets
Planning ahead can save your family time, money, and stress. At Jarvis Law Office, we focus on helping homeowners protect their assets with clear, cost-effective solutions that work for their unique situation.
If you’re ready to put the right plan in place, schedule a consultation today to get guidance tailored to your needs.
