Grantor Trusts and Real Estate
Holding Florida real estate in a grantor trust provides probate avoidance, privacy, continued control, homestead protection, and stepped-up basis. It is the preferred ownership structure for Florida property.
How Property Is Transferred
- Grantor executes deed from individual name to trust
- Deed recorded in public records
- Trustee manages property per trust terms
- Title insurance updated to reflect trust ownership
- Grantor continues to use and manage property
Benefits
- Probate avoidance: Property passes without court
- Privacy: Trust distributions are not public
- Homestead preserved: In qualifying trusts
- No property tax reassessment on transfer to revocable trust
- Stepped-up basis at death
- Incapacity planning: Successor trustee takes over
Downsides
Initial setup cost, property must be retitled, refinancing may require temporary transfer, HOA documentation, and ongoing trust maintenance.
Related Terms
- Estate Planning — Trust ownership
- Evidence of Title — Trust deed recording
- Closing — Trust property closings
Barnes Walker Estate Planning
Barnes Walker's attorneys transfer Florida real estate into grantor trusts and manage trust-based estate plans. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 736 (Florida Trust Code)
The Florida Trust Code governs the creation, modification, and administration of trusts, including trustee duties, beneficiary rights, and trust termination.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC