Lady Bird
Warranty Deed

Transfer real property upon death without the cost of Probate.
Lady Bird Deed

Automatically transfer your Real Property upon Death.

Avoid the cost of Probate Court.

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Lady Bird Warranty Deed

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What to Expect:
Lady Bird Warranty Deed

Former probate and family judge Shana Lahti has created a simple, online DIY Lady Bird Warranty Deed process that anyone can follow to easily handle their own Deed. Many people overspend on this service by hiring an expensive lawyer, but you don’t need to! You can handle your own DIY Lady Bird Warranty Deed!

See Frequently Asked Questions

What is a Lady Bird deed?

A Ladybird deed allows you to transfer real property to a named beneficiary while retaining the right to use and control the property during your lifetime. Upon death, the property automatically passes to the named beneficiary without going through probate.

Why you may want a Lady Bird deed

Avoid the cost of Probate

A Lady Bird deed will automatically transfer real property to your beneficiaries named in the deed.

Maintain control over the property during your lifetime

A Lady Bird deed is a type of a life estate, except you will still be able to sell, transfer, mortgage, and lease the property during your lifetime.  If you have not transferred the property during your lifetime, it will automatically go to the named beneficiaries in the deed.

Maintain your principal residence exemption

If the property is your principal residence, you will maintain your homestead exemption.

Not Sure if DIY is For You?

If you have questions that need answering before you begin to process your paperwork, you can always schedule a private consultation with former probate and family judge Shana Lahti. One-on-one consultations are provided through Lahti Legal Services.

Schedule a Consultation

Frequently Asked Questions

These FAQs are for informational purposes only.  The information contained in this document is not legal advice.  If you need legal assistance, you should contact an attorney or schedule a consultation at MI Easy Forms.

Lady Bird warranty Deed

A Lady Bird deed, also known as an “enhanced life estate deed” is a legal document that allows the grantor to transfer real property to a named beneficiary while retaining the right to use and control the property during their lifetime.  Upon the grantor’s passing, the property automatically passes to the named beneficiary without going through probate.

In a Lady Bird deed, the grantor maintains complete control and ownership of the property during their lifetime.  The grantor may transfer, lease, mortgage or perform any other transaction concerning the property during their lifetime. The named beneficiary does not have any ownership rights or control over the property until the grantor’s death. Upon the grantor’s passing, the property transfers to the named beneficiary outside of probate.

Yes.  If you name more than one beneficiary, upon the grantors death, they will hold the property as tenants in common.

  • A married couple retains tenancy by the entireties protection.
  • It avoids the cost and delay of probate.
  • There is no uncapping of property taxes.
  • There is no rescission of the principal residence exemption.
  • There is no gift tax owed under the Internal Revenue Code.
  • The grantor keeps control during their lifetime and may transfer, mortgage, lease, or perform any other transaction concerning the real property.
  • Future beneficiaries may not sell or encumber the property while a grantor is living.
  • The property is a countable asset for Medicaid purposes unless it is exempt (i.e., a homestead).
  • There is no control after death.
  • If there is more than one beneficiary, they may not agree on what happens to the property.
  • You may need to make sure the property was classified correctly after it has been filed because not everyone is familiar with Lady Bird deeds.

Yes.  If you have already filed a Lady Bird deed with the register of deeds, you will need to prepare a new deed to change the current beneficiaries.

No.  You should contact your insurance agent to have the beneficiaries added as named insureds on your policy or follow the requirements of your insurance company.

You will need the following information:

  1. Name and address of the Grantor(s) (person(s) transferring ownership).
  2. Name and address of the Beneficiaries.
  3. Township and county where the property is located.
  4. Legal Description of the property to be transferred.  You can normally find this information on the current deed or a survey.
  5. Tax parcel number (may be found on a tax bill).                  
  6. Whether the property is a condominium or platted (platted property is generally described as lots and cannot be divided into smaller acres or lots).

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