How to Put a House in a Trust in Florida | Process, Mortgage & Costs Guide

To put a house in a trust in Florida, you must first create a trust agreement with an attorney, then transfer the property’s title by executing a new deed (typically a Warranty or Quitclaim deed). This deed must be signed in front of two witnesses and a notary, and then recorded with the county clerk’s office. While you can move a house with a mortgage into a revocable trust without triggering a “due-on-sale” clause, you remain responsible for the payments.

Your Guide to Putting a Florida House in a Trust

Many Florida homeowners choose to place their primary residence or investment property into a trust to avoid the costly and public probate process. Whether you are looking to protect your family’s inheritance or manage your assets more effectively, understanding the legal steps is crucial for a smooth transition.

Should I Put My House in a Trust in Florida?

Many homeowners ask whether a trust is truly necessary. The answer depends on your goals.

Placing a house in a trust is often beneficial if you want to:

  • Avoid Florida probate delays and costs
  • Ensure immediate transfer to heirs
  • Maintain control during incapacity
  • Protect family members from court involvement

Leaving a home only through a will usually requires probate, even when beneficiaries are clearly named.

How to Put a House in Trust in Florida: Step-by-Step Process?

Putting your property into a trust involves more than just writing a document; it requires a formal transfer of ownership.

1.    Draft the Trust Agreement:

Work with a lawyer to create a Revocable Living Trust or an Irrevocable Trust. This document names your trustee and beneficiaries.

2.    Prepare a New Deed:

You must change the title from your name to the name of the trust. In Florida, a Warranty Deed is often preferred to maintain title insurance protections.

3.    Execute the Deed:

Florida law requires the deed to be signed by the grantor (you) in the presence of two witnesses and a notary public.

4.    Record the Deed:

File the document with the County Recorder in the county where the house is located. This makes the transfer a matter of public record.

5.    Update Your Insurance:

Notify your homeowners and title insurance companies to add the trust as an “additional insured.”

Managing a House in Trust with a Mortgage

A common concern for homeowners is how to put house in trust with mortgage in Florida. You do not need to pay off your loan to fund your trust, but the responsibility for the debt remains.

Who pays the mortgage on a house in a trust?

This is a critical concern for homeowners. Who pays the mortgage on a house in a trust depends on the type of trust:

  • For Revocable Trusts: You (the Grantor) continue to make payments as usual. The bank treats you and your trust as the same entity for payment purposes.
  • For Irrevocable Trusts: The Trustee manages payments from trust assets, though you may remain personally liable for the debt depending on the agreement.

Why put mortgage in a trust?

You might wonder, why put mortgage in a trust? The primary reason is that it allows the home’s equity to bypass probate entirely. Thanks to the federal Garn-St. Germain Act, lenders generally cannot demand full payment (the “due-on-sale” clause) when you transfer your primary home into a revocable trust, as long as you remain a beneficiary and continue to live in the home.

What is the Cost to Put a House in a Trust in Florida?

Putting a house in a trust in Florida generally costs $1,500 to $3,500 for a professionally drafted revocable living trust. While DIY kits are available for $100–$500, they often lack the Florida-specific language required to protect your Homestead Tax Exemption.

Cost Breakdown:

  • Legal Fees (Setup): $1,500 – $3,000 for a basic trust and deed preparation.
  • Deed Drafting: ~$350 for a Quitclaim Deed or ~$600 for a Lady Bird Deed (Enhanced Life Estate Deed).
  • County Recording Fees: $10 for the first page and $8.50 for each additional page.
  • Documentary Stamp Tax: Typically a minimum of $0.70 for transfers to your own revocable trust.

Warning: Florida’s Homestead Exemption is constitutionally protected. If your trust or deed is not drafted with specific “equitable title” language, you could lose your property tax cap, resulting in a significantly higher annual tax bill.

Frequently Asked Questions

How much does it cost to put a house in a trust in Florida?

Cost to put a house in a trust in Florida typically ranges from $1,500 to $3,000 for a standard estate plan. This includes attorney fees for drafting the trust, preparing the new deed, and the county recording fees (usually around $10–$20). More complex estates involving multiple properties or irrevocable structures may cost $5,000 or more.

Does your house have to be paid off to put it in a trust?

No, does your house have to be paid off to put it in a trust is a common myth. You can transfer property with an existing lien. Federal law protects homeowners from having their loans “called” due during this transfer to a revocable trust, provided the property is a primary residence.

Does putting your home in a trust protect it from Medicaid?

A standard revocable living trust does not protect your home from Medicaid because you still maintain control over the asset. To shield a home from Medicaid estate recovery, you typically need a specialized irrevocable trust, and the transfer must occur at least five years before applying for benefits to satisfy the “look-back” period.

Can I put my house in a trust without a lawyer?

While you can i put my house in a trust without a lawyer using online templates, it is highly risky in Florida. Errors in deed language can void your Homestead Tax Exemption or lead to “title defects” that make the house impossible to sell later. An attorney ensures the trust complies with specific Florida Statutes.

Can you put personal property in a trust?

Yes, can you put personal property in a trust, including jewelry, art, and furniture. This is usually done through a “General Assignment of Assets” or by listing the items in the trust’s property schedule, ensuring these items also avoid the probate process.

Summary: Protecting Your Florida Legacy

Transferring your home into a trust is a powerful way to secure your family’s future, avoid the Florida probate courts, and maintain privacy. Whether you are navigating how to handle an existing mortgage or ensuring your homestead exemption remains intact, the complexity of these laws makes professional guidance essential.

How AWS Law Firm Can Help

Navigating Florida’s unique real estate and probate laws requires local expertise. If you are a resident of Tampa or the surrounding areas, the team at AWS Law Firm can help you draft a custom trust and ensure your deed is recorded correctly to protect your homestead benefits.

Ready to secure your home? Contact AWS Law today for a consultation on your Florida estate plan.