Selling a Home Held in a Trust in Florida

Many Northeast Florida homeowners hold their home in a revocable living trust, often to help their family avoid probate. When it's time to sell, whether during the owner's lifetime or after, the process is usually simpler than an estate sale. It just has a few steps of its own.

This guide covers the real estate side. It isn't legal or tax advice, so involve your estate attorney and CPA in the decisions.

Who signs

A home titled in the trust's name is sold by the trustee.

• While the creator is living and serving as trustee, they usually sign as trustee, much as they would have signed as an owner.
• After the creator has passed away or stepped down, the successor trustee named in the trust signs.
• With co-trustees, the trust document says whether one can act alone or all must sign. The title company will ask.

Because the trust owns the home, a probate court order generally isn't needed to sell it. That's often the biggest time saver compared with an inherited home that goes through probate.

The certification of trust

Title companies need proof that the trustee has authority to sell. Florida Statute 736.1017 lets a trustee provide a certification of trust instead of the full trust document. It states, among other things:

• that the trust exists and when it was signed;
• who created it, and who the current trustee is;
• the trustee's powers;
• whether the trust is revocable, and who can revoke it;
• whether co-trustees can sign alone; and
• how title to trust property is held.

It doesn't have to reveal who inherits what. That keeps family details private, and a buyer or title company that relies on it in good faith is protected under the statute.

A practical tip: ask your estate attorney to prepare the certification, and a death certificate if the original trustee has passed, before we list. Title companies sometimes also ask to see the pages of the trust that name the trustee and grant the power to sell, so have those ready too.

Check how the home is titled

Not every home that's "in the trust" actually is. Before listing, we confirm on the recorded deed that title is in the trustee's name. If the home was never deeded into the trust, it may need to go through probate instead, and that changes the timeline. Finding this early prevents a surprise at closing.

Taxes to raise with your CPA

• During the creator's lifetime, a revocable trust is generally treated like the owner for income tax purposes. If it was their main home, the home sale exclusion of up to $250,000 ($500,000 for a married couple filing jointly) may apply.
• After the creator's death, the home's tax basis is often stepped up to its fair market value at the date of death, which can reduce or eliminate taxable gain on a prompt sale.
• Property taxes in Florida usually reset to full just value after a change of ownership. Our property tax calculator helps beneficiaries who plan to keep the home estimate the new bill.

Our guide to capital gains when selling your Jacksonville home explains the exclusion in more detail.

When the beneficiaries don't all agree

A trustee has a duty to act in the beneficiaries' interest, which can mean balancing siblings who want to sell with siblings who want to keep the house. What helps:

• A written market analysis so everyone sees the same numbers.
• Regular updates to all beneficiaries, not just the trustee.
• A clear record of offers and decisions.

We work with trustees often, including those who live out of state, and we can handle showings, vendors and cleanouts locally.

Serving as a trustee? We'll make the sale straightforward and well documented.