This Listing Is Different. Here Is Why.
A family member calls you. They want to sell their mother's house. Mom passed away six months ago, and the family is ready to move on. You pull up the property records and the owner's name is either a trust you have never heard of, or it is the deceased person's name with no indication of what comes next.
This is not the same as listing a property for a living, breathing homeowner. When the seller is a trust or an estate, there are extra legal requirements that must be in place before the closing can happen. Get them wrong, or ignore them, and you will burn weeks at the back end of the deal trying to figure out why the title company cannot clear the file.
Scenario 1: The Property Is in a Trust
If the owner put the house in a revocable living trust during their lifetime, the property is technically owned by the trust, not the individual. When the grantor (the person who created the trust) dies, the successor trustee steps in and has the authority to sell the property, assuming the trust document grants that power.
What the title company will need:
- The trust agreement (or a legal summary called a Certificate of Trust, which is accepted in Florida under Fla. Stat. ยง 736.1017)
- Death certificate of the grantor
- Any trust amendments that may have changed the terms, successor trustee, or beneficiaries
- Tax ID number for the trust (the trust will need its own EIN after the grantor's death)
- Trustee identification with valid photo ID
The biggest delay here comes when the family cannot locate the original trust document, or when the trust was amended multiple times and nobody kept a clean copy. If you are listing a trust-owned property, ask for the trust paperwork before you put it on the market. Do not wait until you are under contract.
Scenario 2: The Property Is in a Deceased Person's Name
If the property was never transferred into a trust and the owner died, the estate needs to go through probate before the property can be sold. Probate is the legal process that gives a personal representative the authority to manage and sell the deceased person's assets.
What the title company will need:
- Letters of Administration (or Letters Testamentary) issued by the probate court, proving the personal representative's authority
- Death certificate
- The will, if one exists
- Court order authorizing the sale, if the will does not specifically grant the personal representative power to sell real property
- Tax ID number for the estate
If probate has not been started yet, the property cannot be sold. The family can list it and even go under contract, but the closing will not happen until the probate court issues the necessary authority. Depending on whether the estate qualifies for summary or formal administration, the probate process could take anywhere from 30 days to 12 months.
What This Means for the Agent
Here is the practical playbook:
- At the listing appointment, find out how title is held. Ask to see the deed. If the owner is deceased, ask whether probate has been opened or a trust exists.
- If a trust exists, request a copy and send it to the title company before listing. The title company can review it in advance and flag any potential issues.
- If probate is needed, connect the family with a probate attorney and set realistic timelines. Do not promise a 30-day close when probate has not even been filed.
- When writing the contract, identify the seller correctly. The seller is not "John Smith" if John Smith is deceased. It is "The Estate of John Smith, by [Name], as Personal Representative" or "[Name], as Trustee of the John Smith Revocable Trust."
- Build in extra time. Trust and estate closings often need 45 to 60 days instead of 30, even when the paperwork is in order.
The Barnes Walker Advantage
Most title companies handle clean closings just fine. But when the seller is a trust or an estate, you are not dealing with a clean closing. You are dealing with legal questions about authority, succession, beneficiary rights, and court filings.
Barnes Walker is both a title company and a probate and trust law firm. When a trust or estate closing comes through our office, the attorneys who handle the closing are the same attorneys who can review the trust document, open the probate case, obtain court authority, and clear title. Everything happens under one roof.
We see these situations constantly. An elderly couple held title as tenants by the entirety. The husband passed away. Does the surviving spouse need probate? No, but she does need a corrective deed to clear the title. A property was in a trust, but the trust was created in Ohio and the successor trustee lives in Michigan. Does the Florida title company care? Yes, because foreign trusts raise additional verification requirements.
Listing a trust or estate property? Send the paperwork to Barnes Walker before you put the sign in the yard. We will review the trust or probate status, tell you exactly what is needed to close, and handle the legal and title work from start to finish. Call us at 941-778-7721.