What Is a Lady Bird Deed?

A Lady Bird deed — formally an "enhanced life estate deed" — is an estate planning tool that lets a property owner keep full control of their real estate during their lifetime while automatically transferring it to a named beneficiary at death, without going through probate.

How it works

The current owner (grantor) signs a deed that names a beneficiary (remainderman) to inherit the property. Unlike a standard life estate deed, a Lady Bird deed lets the owner keep the right to sell, mortgage, lease, or even revoke the transfer entirely during their lifetime — the beneficiary has no legal claim until the owner passes away.

Why people use one

The main appeal is avoiding probate. When the owner dies, the property passes directly to the named beneficiary by operation of the deed, without a court proceeding. It can also help protect eligibility for Medicaid long-term care benefits in states that recognize this tool, since the property isn't considered a completed gift during the owner's lifetime.

Where it's recognized

Lady Bird deeds are recognized in only a handful of states, including Texas. New Mexico does not currently recognize this specific deed structure, so anyone splitting time or property between Texas and New Mexico should talk to an attorney about which tool fits each property.

Is it right for you?

A Lady Bird deed isn't a universal fix — whether it makes sense depends on your overall estate plan, your state, and your goals for the property. This isn't legal advice; an estate planning attorney can confirm whether it fits your situation. What we can help with: preparing the deed for notarization once it's drafted, and making sure it's signed and acknowledged correctly so it's ready to file with the county.

I am not an attorney licensed to practice law in Texas and may not give legal advice or accept fees for legal advice. Royal Seal Notary provides notarization services only.