Yes, a Lady Bird Deed can override a will—at least when it comes to the specific property that is named in the deed.
A Lady Bird Deed, also known as an enhanced life estate deed or transfer on death deed, allows a property owner to name a beneficiary who will automatically inherit the property upon the owner’s death. This transfer happens outside of probate, which means it bypasses anything written in a will.
Here’s How It Works:
Let’s say your will states that your house should go to your son. But later, you sign a Lady Bird Deed naming your daughter as the beneficiary of that same house. When you pass away, the Lady Bird Deed takes priority. The house will go to your daughter, even though your will says otherwise.
That’s because the Lady Bird Deed is considered a non-probate transfer (also called a Transfer on Death Deed or “TODD”) — similar to naming a beneficiary on a life insurance policy or retirement account. These types of transfers happen automatically at death and are not controlled by your will.
Why This Matters
This makes Lady Bird Deeds a powerful tool in estate planning:
- You keep full control of your property while you’re alive.
- You can change or cancel the deed at any time.
- You ensure the property passes directly to your chosen beneficiary—even if your will says something else.
Final Note
It’s important to keep your estate plan consistent. If you create a Lady Bird Deed, make sure your will doesn’t contradict it, or your heirs may end up confused or in conflict. When in doubt, consult an estate planning attorney to make sure your wishes are carried out clearly and correctly.
