Both a Lady Bird deed and a revocable living trust can keep your Florida home out of probate. But they are built for different jobs, and the right choice depends on your situation.
The Lady Bird deed: simple and property-specific
A Lady Bird deed is inexpensive, easy to set up, and does one thing well: pass a single piece of real estate to your beneficiaries automatically at death, while you keep full control during your life. If your main goal is simply to keep the house out of probate, it may be all you need.
The living trust: comprehensive and flexible
A living trust covers all of your assets—not just one property—and plans for incapacity, letting a successor trustee step in if you become unable to manage your affairs. It also allows more detailed instructions, such as staggered distributions to children. That power comes with a higher setup cost and more ongoing maintenance.
Which should you choose?
For a homeowner whose home is their main asset, a Lady Bird deed is often enough. For larger or more complex estates—multiple properties, minor children, or incapacity concerns—a living trust usually fits better. And the two are not mutually exclusive; they frequently work together in one plan. Contact Hochberger Law to talk through which is right for you.
This article is general information about Florida law, not legal advice. Please consult a Florida attorney about your specific circumstances.