Selling a House Held in a Trust: Florida Seller Guide
Published by Cash Flow Deals · Last updated 2026-08-03 · Reviewed by Camilo Palacio, Licensed Florida Real Estate Professional (License #3280644, REALTOR®), affiliated with Silver Door Realty, LLC (License #CQ1064903) · 4 min read
A successor trustee can usually sell a house held in a trust without going through probate court at all, once they have proof of their authority to act. With Cash Flow Deals, you choose between the Fast Cash Offer, where we buy your house as-is and close, and the Premium Cash Offer, where a pre-approved FHA or conventional buyer we already have, ready to go, pays more and buys directly from you as trustee. We review your certificate of trust alongside your property details.
| Factor | Traditional Listing | Cash Flow Deals |
|---|---|---|
| Timeline | 6 to 12+ months to list, negotiate, and close through a mortgage buyer, on top of any trustee paperwork the title company requires | Your authority as trustee must be documented before closing. You choose the Fast Cash Offer, where we buy as-is and close, or the Premium Cash Offer, where a pre-approved FHA or conventional buyer we already have, ready to go, pays more and buys directly from you. Premium closing also depends on the buyer's lender. |
| Repairs | Trust assets typically have to fund repairs or credits before a lender clears a traditional buyer's loan | For both the Fast Cash Offer and the Premium Cash Offer, the number is agreed before any work starts, and it changes only if you agree. The one exception: if something structural surfaces that was not visible or disclosed before we signed — foundation issues, hidden moisture, old wiring, cast-iron drain failure — we re-cost it and bring the number back to you. You decide. You can walk away. We disclose what we know at offer time so this almost never happens. |
| Fees / Costs | Listing commission (negotiable since the 2024 NAR Sitzer/Burnett settlement) plus closing costs come out of trust proceeds | Cash Flow Deals is paid as a separate line item on the closing statement, not a markup on price |
Why a Trust Skips Probate for This House
A house titled in the name of a properly funded revocable trust doesn't go through probate when the person who created the trust dies, because the trust already owns it, not the person. The Florida Trust Code, Chapter 736 of the Florida Statutes, governs how a revocable or irrevocable trust operates once the settlor dies or becomes incapacitated. Chapter 736 does not apply to a Florida land trust, which is governed separately under Florida Statute 689.071. That distinction matters, because the paperwork a title company asks for is different depending on which kind of trust actually holds the house.
The Successor Trustee's Legal Duties While Selling
Once a successor trustee takes over, Florida law puts real fiduciary duties on how they handle trust property, including the house. Florida Statutes 736.0801 through 736.0804 require the trustee to administer the trust in good faith, act loyally on behalf of the beneficiaries, treat multiple beneficiaries impartially, and administer the trust with reasonable care and skill. A trustee who sells trust property has to be able to show the sale served the beneficiaries' interests, particularly if there's more than one beneficiary who might disagree about price or timing. Document the reasoning behind the sale price, not just the closing itself.
Cash Flow Deals' Process for a Trustee Selling Trust Property
Cash Flow Deals' Process: 1. Request your written offers so you can compare the Fast Cash Offer and the Premium Cash Offer with your co-trustees or beneficiaries before committing. You choose whether we buy the house as-is and close or a pre-approved FHA or conventional buyer we already have, ready to go, pays more and buys directly from you as trustee. 2. Cash Flow Deals reviews your certificate of trust alongside the property details, the same way we review any other seller's ownership documents. 3. Cash Flow Deals handles your chosen path. On Premium, the buyer signs directly with you, their lender funds the purchase, and title transfers once, directly from the trust to that buyer. On Fast Cash, we buy the house as-is and close. 4. Closing requires confirmation of your authority as trustee. With either offer, the number is agreed before any work starts, and it changes only if you agree. The one exception: if something structural surfaces that was not visible or disclosed before we signed — foundation issues, hidden moisture, old wiring, cast-iron drain failure — we re-cost it and bring the number back to you. You decide. You can walk away. We disclose what we know at offer time so this almost never happens.
Why Trustees Look at Cash Flow Deals Over a Traditional Listing
As a trustee juggling beneficiaries, a certificate of trust, and a house that might need work, you need clear choices you can bring back for approval. Cash Flow Deals gives you both: the Fast Cash Offer, where we buy your house as-is and close, and the Premium Cash Offer, where a pre-approved FHA or conventional buyer we already have, ready to go, pays more and buys directly from you as trustee. You choose. On Premium, your home may be listed through Silver Door Realty, a licensed Florida brokerage, with a licensed agent and scheduled showings. We cover repair costs, and we figure out a way, so nothing comes out of your pocket. On Premium, only what the buyer's lender requires gets fixed, with repair costs settled from the sale proceeds out of our share, not your number. On Fast Cash, we buy as-is, with no repairs for you to make. With either offer, the number is agreed before any work starts, and it changes only if you agree. The one exception: if something structural surfaces that was not visible or disclosed before we signed — foundation issues, hidden moisture, old wiring, cast-iron drain failure — we re-cost it and bring the number back to you. You decide. You can walk away. We disclose what we know at offer time so this almost never happens. If the Premium buyer's loan falls through, that is our problem, not yours, and you can still take the Fast Cash Offer at its own number. We are paid as a separate line item on the Premium closing statement.
Common questions
Does a house in a trust still have to go through probate in Florida?
No, not if the trust was properly funded before the person died, meaning the house was actually titled in the trust's name, not just mentioned in the trust document. A trust avoids probate specifically because the trust, not the person, legally owns the property. If the house was never retitled into the trust, it may still need to go through probate separately.
What paperwork does a successor trustee need to sell the house?
A certificate of trust under Florida Statute 736.1017 is usually enough for a title company and buyer, without handing over the full trust document. It confirms the trust exists, names the acting trustee, and describes the trustee's authority to sell. Ask the attorney who drafted the trust to prepare a current one before listing or negotiating a sale.
Is a Florida land trust the same as a revocable living trust for selling purposes?
No. A Florida land trust is governed by Florida Statute 689.071, separately from the Florida Trust Code in Chapter 736 that governs revocable and irrevocable trusts. The documentation a title company will ask for differs between the two, so confirm which type of trust actually holds title before you start the sale process.
What if there's more than one beneficiary and they disagree on the sale price?
The trustee has a fiduciary duty under Florida Statutes 736.0801 through 736.0804 to act loyally and impartially toward all beneficiaries, which usually means documenting why a given price and buyer serve everyone's interests, not just the beneficiary who's easiest to reach. A trust and estates attorney can advise on how to handle a genuine disagreement before it becomes a dispute.
Can Cash Flow Deals close with a trustee instead of an individual seller?
Yes. Cash Flow Deals reviews your certificate of trust and your authority to sign alongside the property details. You choose between the Fast Cash Offer, where we buy as-is and close, and the Premium Cash Offer, where a pre-approved FHA or conventional buyer we already have, ready to go, pays more and buys directly from you as trustee. The number is agreed before any work starts, and it changes only if you agree. The one exception: if something structural surfaces that was not visible or disclosed before we signed — foundation issues, hidden moisture, old wiring, cast-iron drain failure — we re-cost it and bring the number back to you. You decide. You can walk away. We disclose what we know at offer time so this almost never happens.