Estate Planning · Real Estate · Florida Trusts

How to Transfer Real Estate into a Trust in Florida: A Step-by-Step Guide

By Jacqueline Jimenez, CTFA | Boricua Legacy Publishing Company·July 5, 2026·12 min read

Margaret Thompson had done everything right.

She was 71 years old, lived in a tidy bungalow in Tampa's Hyde Park neighborhood, and three years before she passed away she had sat down with an estate planning attorney and signed a beautifully drafted revocable living trust — The Margaret L. Thompson Revocable Living Trust dated January 15, 2023. Her daughter Lisa was the successor trustee. Her two grandchildren were the final beneficiaries. Every asset was carefully accounted for in the trust document.

There was just one problem.

No one had ever transferred Margaret's house into the trust.

The trust document said the house should pass to Lisa. But on the day Margaret died, the deed at the Hillsborough County Clerk of Court still read: Margaret L. Thompson, a single woman. The trust was perfect. The funding never happened.

Lisa spent 14 months in Florida probate court and paid roughly $8,000 in attorney fees before the house was legally hers. Everything the trust was supposed to prevent — the delays, the expense, the public court proceedings — happened anyway. Because one step was skipped.

This article is about that step.

This article is for educational purposes only and does not constitute legal or financial advice. Florida real property and trust law are complex and fact-specific. Consult a licensed estate planning or real estate attorney for guidance tailored to your situation.

Why Funding the Trust Is the Whole Point

A revocable living trust is only as powerful as the assets inside it. Think of it as a safe: the trust is the safe, and your estate documents are the combination lock. But a safe with nothing in it protects nothing. An unfunded trust is like a safe with the door wide open — the legal structure exists, the paperwork is flawless, and none of the protections apply.

For Florida real estate, “funding the trust” means one specific thing: executing a new deed that transfers the property from the owner individually to themselves as trustee of the trust, then recording that deed with the county clerk. Until that deed is recorded, the property is not in the trust — regardless of what the trust document says.

Margaret's attorney drafted excellent trust language. But the deed at the county still said Margaret Thompson owned the house personally. Florida courts follow the deed, not the trust document. The house went through probate because that is what Florida law requires when real property is held in a person's individual name at their death.

For a deeper look at how probate works in Florida and how to avoid it, that article covers the full landscape. This one focuses on the real estate transfer specifically.

The Two Deed Types Used in Florida Trust Transfers

Florida recognizes several types of deeds, but two come up in the vast majority of trust transfers:

Quitclaim Deed

This is the standard deed for transferring property into a revocable living trust in Florida. A quitclaim deed conveys whatever interest the grantor holds in the property — no warranties, no guarantees of title. Because you are transferring your own home to yourself as trustee, title warranties are not necessary. You are not making any representations to a buyer; you are simply moving the property from one legal form of ownership to another.

Quitclaim deeds are simple, widely understood by Florida county clerks and title companies, and inexpensive to prepare. This is the deed you want for a straightforward trust funding transfer.

Warranty Deed

A warranty deed includes a promise from the grantor that the title is clear — no unknown liens, encumbrances, or competing claims. Warranty deeds are more common in arm's-length sales between buyers and sellers, where the buyer needs those guarantees. In a trust funding transfer where you are the grantor and the trustee, a warranty deed is overkill — but it is not wrong, and some attorneys prefer it. If your title has a complicated history, a warranty deed can provide additional protection on the record.

Deed Type	Warranties of Title	Best For	Typical Prep Cost
Quitclaim Deed	None	Trust funding transfers — owner to themselves as trustee	$100–$300 (online) / $300–$600 (attorney)
Warranty Deed	Full title guarantee	Sales between parties; complicated title histories	$300–$600 (attorney recommended)

The Step-by-Step Process

Here is exactly what Margaret's daughter Lisa — or anyone funding a Florida trust with real property — needs to do.

Confirm the Trust Is Properly Executed and Has a Legal Name

Before you can transfer anything, confirm that the trust document is signed, notarized, and has a full legal name with the execution date. The deed will reference the trust by its exact legal name — something like “The Margaret L. Thompson Revocable Living Trust dated January 15, 2023”. If the name or date is wrong on the deed, the transfer is invalid and title companies will reject it at closing. Get the exact wording from the first page of the trust document and copy it verbatim.

Obtain a Copy of the Current Deed

You need the legal description of the property — the precise metes-and-bounds or lot/block description — to copy into the new deed. This comes from your current recorded deed. In Florida, deeds are recorded with the Clerk of Court in the county where the property is located. Most counties have online portals where you can search and download a copy for free or for a small fee. You can also visit the county property appraiser's office or request a copy by mail.

Do not rely on your memory of the address — use the exact legal description from the recorded deed. One incorrect parcel number or missing easement description can create a title defect.

Draft the New Quitclaim Deed

The deed identifies the grantor (you, individually) and the grantee (you, as trustee). The grantee line should read:

Margaret L. Thompson, Trustee of The Margaret L. Thompson Revocable Living Trust dated January 15, 2023

That language is precise for a reason. It identifies who holds title (Margaret L. Thompson), in what capacity (as Trustee), and of which trust (the full legal name and date). Title companies, future buyers, and lenders will rely on this language to confirm that the person signing a future sale deed is the same trustee named in the recorded trust deed.

You can have a deed preparation service draft the quitclaim deed for $100–$300, or an attorney can prepare it for $300–$600. Either way, have the full trust document in hand so the name and date are copied exactly.

Sign the Deed Before a Notary

Florida requires that deeds be signed before a notary public. The grantor (the owner transferring the property) signs; the notary acknowledges the signature. Your bank branch, a UPS Store, or a signing service can handle this for a small fee. Online notarization (Remote Online Notarization) is now valid in Florida under F.S. § 117.201 et seq., so if you cannot appear in person, a remote notary session via a service like Notarize.com or OneNotary is a legitimate option.

Two Witnesses Are Required in Florida

This is a Florida-specific requirement that catches people off guard. Under F.S. § 689.01, a deed must be signed in the presence of two subscribing witnesses. The witnesses sign the deed as well, acknowledging that they witnessed the grantor's signature. The witnesses cannot be the grantee (the trustee) — but they can be friends, family members, or colleagues.

If you use a notary service or attorney for the signing, they will typically arrange for the witnesses. If you sign at your bank or on your own, make sure you have two people present who can sign as witnesses. A deed recorded in Florida without two witnesses is defective and will be rejected by the Clerk of Court.

Record the Deed With the County Clerk of Court

A deed that is signed and notarized but not recorded is not enforceable against third parties. Recording is what makes the transfer official in the public record. Take the original executed deed (or mail it) to the Clerk of Court in the county where the property is located and pay the recording fee.

Florida recording fees: $10.00 for the first page + $8.50 for each additional page. Most one-page quitclaim deeds cost $10–$27 to record.

Once recorded, the Clerk stamps the deed with the recording date and book/page reference and returns the original to you. Keep this with your trust document — it is your proof that the transfer was completed.

Update Your Homeowner's Insurance

Your existing policy is written in your personal name. Once the property is titled to the trust, you need to notify your insurer and ask them to add the trust as an additional named insured or to re-title the policy. If you have a claim after the transfer and the insurer discovers the property is owned by a trust that is not reflected on the policy, coverage could be denied.

This is a five-minute phone call. Most homeowners insurance companies handle trust-name additions routinely. It does not change your premium, it does not require a new policy, and it does not trigger an inspection. Just call and ask them to add “[Your Name], Trustee of the [Trust Name] dated [date]” as an additional insured.

Keep a Certification of Trust on File

When the property eventually sells — whether during your lifetime or by your successor trustee after your death — the title company will need proof that the trust exists and is valid. They will ask for either a full copy of the trust document or a Certification of Trust (also called an Abstract of Trust).

A Certification of Trust is a short document — typically one to three pages — that confirms the trust exists, names the trustee, and states the trustee's authority to sell or encumber real property. It lets you prove the trust's key facts without revealing the full distribution terms to buyers, escrow companies, or lenders. Have your attorney prepare one when the trust is drafted, and keep it with the original trust document.

Florida-Specific Issues to Understand Before You Transfer

These four issues are the ones that Florida homeowners ask about most — and the ones most often misunderstood. Read this section carefully before you proceed.

1. Homestead Exemption — You Will Not Lose It

This is the #1 fear that keeps Florida homeowners from funding their trusts. They worry that transferring the home to a trust will cost them their homestead exemption — the property tax benefit, the Save Our Homes assessment cap, and the portability rights that protect their assessed value when they move.

The answer: you will not lose it, as long as the transfer is to a qualifying revocable trust. Florida law (F.S. § 196.041) explicitly provides that a revocable trust in which the beneficiary is the grantor, the grantor's spouse, or the grantor's children qualifies for the homestead exemption. A standard revocable living trust where you are the grantor, trustee, and primary beneficiary meets this test.

What you should do: after recording the deed, contact your county property appraiser's office and confirm that the exemption remains in effect. Bring a copy of the recorded deed and the trust document. Some counties update their records automatically; others require a brief written confirmation. Either way, verify rather than assume.

Bottom line on homestead: the exemption survives the transfer to a qualifying revocable trust. The Save Our Homes cap and portability rights go with the exemption. You are not jeopardizing any of it.

2. Documentary Stamp Tax — Generally Exempt

Florida's documentary stamp tax applies to deeds conveying real property — typically $0.70 per $100 of consideration. On a $400,000 home, that would be $2,800. That is a real cost, and it is why this question matters.

The good news: transfers to a revocable living trust are generally exempt from documentary stamp tax when the grantor is also the trustee and the sole beneficiary during their lifetime. The Florida Department of Revenue has published guidance affirming this exemption. Because there is no consideration exchanged — no purchase price, no loan assumption, no money changing hands — the doc stamp does not apply.

This is a significant cost savings compared to a sale or a gift to another person. When drafting the deed, the consideration is typically stated as “$10 and other good and valuable consideration” — a nominal amount that reflects the non-monetary nature of the transfer. The doc stamp on $10 is $0.07. Recording fees remain — those are always owed.

Note: if you are transferring to an irrevocable trust, or if the beneficiaries are someone other than the grantor, the doc stamp analysis is different. Get written guidance from a Florida real estate attorney before recording.

3. Due-on-Sale Clause — Federal Law Protects You

If you have a mortgage, your loan documents almost certainly contain a due-on-sale clause — a provision allowing the lender to demand full repayment if you transfer ownership of the property. This sounds like it would be triggered by a trust transfer. It is not — and the protection comes from federal law, not just your lender's generosity.

The Garn-St. Germain Depository Institutions Act of 1982 specifically prohibits lenders from invoking the due-on-sale clause when a borrower transfers their primary residence into a revocable living trust in which the borrower is and remains a beneficiary. This is a federal override — it applies to virtually every federally regulated lender in the country, which is almost every mortgage originator. Your lender cannot call your loan due simply because you moved the house into your own trust.

That said, it is good practice to notify your lender in writing after recording the deed. Send a brief letter explaining the transfer with a copy of the recorded deed and a Certification of Trust. Most servicers update their records and move on. A few may request additional documentation — provide what they ask for. The Garn-St. Germain protection applies regardless.

One exception: investment properties and rental properties with mortgages are not always covered by the same Garn-St. Germain protection. The exemption applies to primary residences. For income properties, review the mortgage documents with an attorney before recording the deed.

4. Title Insurance — Your Existing Policy Survives

If you purchased owner's title insurance when you bought the property, that policy generally survives the transfer to a revocable living trust. You do not need to purchase a new title insurance policy just because you are moving the property into your trust. The existing policy continues to cover you (as trustee) for the same covered risks.

You should notify your title insurance company of the transfer — not because they can void the policy, but to update their records. Keep the original policy with your trust documents so your successor trustee can find it when needed.

What Happens to the Property When the Trustee Dies

This is the whole reason you are doing this. Here is the contrast, stated plainly.

Without the trust (probate)

12–24 months of court proceedings
3–5% of estate value in attorney and court fees
Public record — anyone can see it
Creditors can make claims during probate
Heirs cannot sell or refinance the property during proceedings

On a $400,000 Tampa home, that is $12,000–$20,000 in fees and up to two years of waiting.

With the property in the trust

Successor trustee steps in immediately at death
Records an Affidavit of Successor Trustee with the county
Can sell or distribute the property without court approval
Private — no public court filing required
Creditor claims are still addressed, but the process is faster

The successor trustee signs, records a short affidavit, and proceeds. Weeks, not years.

Lisa's 14-month probate ordeal is the left column. If Margaret had recorded a quitclaim deed transferring the house to The Margaret L. Thompson Revocable Living Trust before she died, Lisa would have stepped in as successor trustee, recorded an Affidavit of Successor Trusteeship with the Hillsborough County Clerk, and been done within weeks.

For more on what this post-death administration process looks like, see what happens to a Florida living trust after the grantor dies.

Common Mistakes to Avoid

Refinancing without re-deeding back to the trust

This is the most common mistake, and it catches people by surprise. When you refinance a property that is in a trust, many lenders require you to deed the property back to your personal name before closing. They do not want to lend against trust-held property. That is their right — and it is fine. But after the refinance closes, you must execute a new quitclaim deed transferring the property back into the trust. If you forget this step, the house is out of the trust and back in your personal name, with all the probate exposure that comes with it.

Add this to your refinancing checklist: after closing, re-deed the property into the trust. Your real estate attorney or the lender's closing attorney can prepare the deed at the same time as the refinance documents.

Using the wrong trust name or date on the deed

If the deed says “The Margaret Thompson Trust” but the trust document is titled “The Margaret L. Thompson Revocable Living Trust dated January 15, 2023,” a title company cannot confirm that the deed matches the trust. Small discrepancies — a missing middle initial, the wrong year, “Living Trust” vs. “Revocable Trust” — create title defects that require corrective deeds or affidavits to fix. Always copy the trust's legal name and execution date verbatim.

Forgetting rental and investment properties

The same rules apply to every piece of Florida real property you own. A rental house, a condo, a vacation property — each one needs its own deed transfer into the trust. Many people meticulously transfer their primary residence and forget that the duplex they own in Orlando is still in their personal name. Make a list of every property you own and work through them systematically.

Transferring into an irrevocable trust without understanding the implications

This article covers revocable living trusts. If you are transferring property into an irrevocable trust — a Medicaid Asset Protection Trust, for example, or an Irrevocable Life Insurance Trust — the analysis is fundamentally different. Irrevocable trusts involve gift tax considerations, Medicaid look-back rules, and potential loss of the homestead exemption. For the Medicaid planning context, see Medicaid planning in Florida and Florida Medicaid Asset Protection Trusts. Do not use a DIY deed service for irrevocable trust transfers — use an attorney.

When to Hire an Attorney vs. DIY

Honest answer: it depends on the complexity of your situation, not just your comfort level.

Situations where many people self-file or use an online service:

✓ Primary residence, single owner or married couple
✓ Standard revocable living trust where the grantor is the trustee and primary beneficiary
✓ Clean title — no liens, no prior ownership disputes
✓ Mortgage on a primary residence (Garn-St. Germain applies)

Online deed preparation services typically charge $100–$300. Add recording fees of $10–$27. Even if you use an attorney for a one-hour review of the drafted deed ($150–$300), the total cost for a straightforward transfer runs $250–$600.

Situations where an attorney is strongly recommended:

✗ Multiple properties, especially in multiple states
✗ Property held in an LLC or with business co-owners
✗ Complicated title history — prior liens, easements, boundary disputes
✗ Irrevocable trust (Medicaid planning, ILIT, etc.)
✗ Investment property with a mortgage not covered by Garn-St. Germain

Florida attorney fees for a trust deed transfer typically run $300–$600 for a single property. For complex situations or multiple properties, budget $600–$1,500. That is a reasonable investment to make sure this is done correctly once.

For guidance on selecting an estate planning attorney in Florida, see how to choose an estate planning attorney in Florida.

“In my experience, the most common estate planning failure is not a bad trust document — it is a trust that was never funded. People pay an attorney to draft a sophisticated revocable trust, and then they tuck the documents in a drawer and never transfer the house. Margaret's story is not unusual. Do the deed. Record it. Confirm the homestead exemption. It takes a few weeks and it changes everything.”

— Jacqueline Jimenez, CTFA

The Trust Was Perfect. Fund It.

If you have a revocable living trust and your Florida home is not in it, you are in Margaret's position. The documents are done. The hard thinking is done. What is left is a quitclaim deed, a notary, two witnesses, and a trip to the county clerk.

That process — the eight steps above — is what converts a trust document into an actual estate plan. Until the deed is recorded, the trust is aspirational. After the deed is recorded, the trust is operative.

For a complete checklist of everything that should be funded into a Florida living trust — not just real estate, but financial accounts, brokerage accounts, and business interests — see the complete checklist for funding a trust after it's created. And for everything that needs to happen after the grantor dies — the successor trustee's duties, distribution rules, and the affidavit process — see what is a revocable living trust in Florida.

Lisa spent 14 months and $8,000 learning this lesson for her mother. You do not have to learn it the same way.

This article is for educational purposes only and does not constitute legal or financial advice. Florida real property transfer requirements, documentary stamp tax rules, homestead exemption eligibility, and mortgage due-on-sale protections involve complex legal and factual determinations. Jacqueline Jimenez is a Certified Trust and Financial Advisor (CTFA), not a licensed attorney. For guidance specific to your property and situation, consult a licensed Florida real estate or estate planning attorney.