Selling a House Held in a Living Trust in Florida

Many Florida homeowners, especially those who have done estate planning, hold their house in a revocable living trust rather than in their own name directly. Selling a trust-owned property generally works similarly to a standard sale, but with a few extra steps around confirming the trustee's authority. Here is generally how that works.

A trustee generally has the power to sell

Under Florida Statute 736.0816(2), unless the trust document limits or restricts this power, a trustee may acquire or sell trust property, for cash or on credit, at public or private sale. This means the trustee, not necessarily the person who created the trust or the beneficiaries, is generally the one with authority to sign the sale documents. Whether a specific trust actually grants this power, and whether it comes with any conditions, depends on that trust's own written terms, which is why the trust document itself needs to be reviewed rather than assumed.

Confirming who the trustee is

If the person who created the trust has passed away or become incapacitated, a successor trustee named in the trust document typically steps into that role. Confirming exactly who the current trustee is, and what documentation supports that, is often one of the first things a title company will ask for. If there are co-trustees, the trust document generally determines whether all of them need to sign the sale documents or whether one has authority to act alone. Separately, under Florida Statute 736.0703(1), cotrustees who are unable to reach a unanimous decision may act by majority decision. Whether that default rule applies, or whether the trust document requires unanimity or some other arrangement instead, still depends on the specific trust and needs to be reviewed for the actual transaction.

The certification of trust, instead of the full document

Under Florida Statute 736.1017, a trustee can provide a certification of trust rather than the complete trust instrument. This certification confirms that the trust exists, identifies the currently acting trustee, describes the trustee's relevant powers, and states that the trust hasn't been revoked, modified, or amended in a way that would make the certification incorrect. It does not have to disclose the trust's private dispositive terms, such as who ultimately inherits the trust's assets. A recipient of the certification, like a title company, can still require excerpts from the actual trust document that specifically show the trustee's appointment and sale authority.

How this affects the closing process

Because the property is titled in the trust's name, the deed and closing documents need to reflect that the trustee is signing in that capacity, on behalf of the trust, rather than as an individual owner. A title company handling the sale will typically want the certification of trust, confirmation of the current trustee's identity, and confirmation the trust remains in effect and unrevoked. Beyond these additional documentation steps, the sale process itself, marketing, offers, inspections, and closing, generally works the same way it would for a property owned individually.

Where a direct sale fits

A trustee selling trust-owned property can work with any type of buyer, including a cash, as-is buyer, the same as an individual seller could. A cash sale doesn't change what documentation the trust and title company need; it can simplify other parts of the transaction, like avoiding a financed buyer's appraisal and lender-required repairs, while the trustee-authority and certification requirements still need to be handled the same way. This can overlap with related situations, such as when a house has multiple co-trustees who need to agree, similar in spirit to selling a house with multiple owners in Florida, or when the trust was created as part of a broader estate plan; see our guide on selling an inherited house in Florida if the property passed through inheritance rather than remaining in a still-active trust.

Frequently asked questions

Can a house held in a living trust be sold?

Generally yes. Under F.S. 736.0816(2), unless the trust document limits or restricts this power, a trustee may acquire or sell trust property, for cash or on credit, at public or private sale. Whether a specific trust allows the sale, and who has authority to sign for it, depends on the trust's own terms.

Who has the authority to sign the sale documents?

The trustee, the person or entity named in the trust document to manage trust property, generally has the authority to sign on the trust's behalf, assuming the trust grants the power to sell and doesn't require beneficiary consent or a co-trustee's signature. If there are co-trustees, the trust document generally determines whether all of them need to sign or just one. Under F.S. 736.0703(1), cotrustees who are unable to reach a unanimous decision may act by majority decision, though whether that applies still depends on the trust document and the specific transaction.

Does a buyer or title company need to see the entire trust document?

Not necessarily. Under F.S. 736.1017, a trustee may provide a certification of trust instead of the full trust instrument. This certification confirms the trust exists, identifies the current trustee, states the trustee's relevant powers, and confirms the trust hasn't been revoked or amended in a way that would make the certification inaccurate, without disclosing the trust's private dispositive terms, like who inherits what.

What's different about selling through a trust compared to selling as an individual?

The property is typically titled in the trust's name rather than the individual's name, so the deed and closing documents need to reflect the trustee acting in that capacity. A title company will usually want a certification of trust, confirmation of who the current trustee is, and confirmation the trust is still in effect. Otherwise, the sale process itself is similar to a standard residential sale.

Selling a house held in a living trust and considering your options? Call OfferLink at 407-584-9111. We buy as-is across Florida, including Orange County, Lake County, and Seminole County. This article is general information, not legal advice. A title company or Florida real estate attorney reviewing the actual trust document is the right resource for confirming trustee authority and what's needed to close.