Can a trustee sell a house held in a trust in Miami?
Yes. A Florida trustee can sell a trust-owned home without probate, but the title company will want proof that the person signing has authority to do it. For most sellers that means a certification of trust under Fla. Stat. 736.1017, and after the trust maker's death it also means a death certificate and an affidavit naming the successor trustee. Collect those before you list, not after you have a contract.
By Lynley Ciorobea | November 2, 2026
A trust can't sign a contract. A person has to, and the title company will want proof that the person is allowed to.
That one fact explains nearly every delay on a trust-owned listing in Miami. The house is titled to something like "Jane Smith, Trustee of the Smith Family Revocable Trust," the contract gets signed the same way, and somebody at the closing table asks who exactly has the authority. If the answer is Jane, living and well, it takes a phone call. If Jane has died and her son is stepping in as successor trustee, it takes paperwork. The paperwork is where the calendar goes sideways.
Most revocable trusts become irrevocable at death. The successor trustee takes over, owes a fiduciary duty to the beneficiaries (Fla. Stat. 736.0801), and has to protect the property in the meantime, including insurance and upkeep. Unless the trust limits it, that trustee can sell. No probate court needs to bless it. But you have to be able to show the title agent that the trust says what you say it says.
The paperwork title will ask for
Florida lets a trustee hand over a short certification of trust instead of the whole document. It states that the trust exists, who the trustee is, what powers the trustee has, and that the trust hasn't been revoked or amended in a way that makes those statements wrong. A title agent who relies on it in good faith is protected. The agent can still ask for excerpts of the trust that name the trustee and grant the power to sell, and many do. Don't be surprised if you get asked for pages, not just the form.
When the original trustee has died, expect a longer list:
A certification of trust signed by the successor trustee
A certified death certificate and an affidavit of death of trustee
Any amendments, so the title agent knows which version controls
A tax ID number for the trust (it needs its own EIN after the death)
A bank account in the trust's name to receive the proceeds
The trustee's photo ID
Here is the one that surprises people. If the house was the homestead of a married trust maker, title underwriters in Florida have long wanted the spouse to join the deed, even when the spouse isn't a trustee. Stewart's Florida underwriting bulletin puts it plainly: for homestead property, the trustee signs, joined by the spouse. Whether it applies to your file is a question for your closing attorney, and it's better asked in week one than on closing day.
The deed itself needs two witnesses and a notary acknowledgment, then it gets recorded with the Miami-Dade Clerk. An unrecorded deed doesn't protect anyone.
Money works the way it does in any other sale. Doc stamps on the deed don't change because a trust is selling. On a single-family home in Miami-Dade the seller customarily pays 0.6%, which is $12,000 on a $2 million sale. The tax side is different. If the trust maker is alive and sells their own home, the home sale exclusion generally still applies, because a revocable trust is ignored for income tax. If the sale follows a death, the basis typically steps up to value on the date of death, so a prompt sale often produces little taxable gain. Your CPA should confirm, and our capital gains guide for Miami sellers covers the basics.
Time is the other cost. Notice to the qualified beneficiaries is due within 60 days after the trust becomes irrevocable, and a routine trust administration commonly runs six to eighteen months. A house in Pinecrest or Coral Gables carries taxes, insurance, and maintenance every one of those months. Your contract deadlines also don't pause because a trust document is missing. If the paperwork has a hole in it, the closing attorney needs to hear that before you accept an offer, because "we're still looking for the amendment" is not a reason the buyer has to wait.
Trust sales are not the same as probate sales, and they are not the same as selling under a power of attorney. If the owner is alive but can't act, read our post on selling a parent's Miami home with a power of attorney. If the house sits in a probate estate instead, start with selling an inherited home in Miami.
If you're weighing a sale in Pinecrest or Coral Gables and the house sits in a trust, I'd rather have the closing attorney read the trust before we pick a list price than after we have a contract. Send me the name of the trust and who the current trustee is, and we'll work out what's missing.
Frequently Asked Questions
Do I need probate to sell a house that's in a living trust in Florida?
Generally no. Property titled in the trust passes under the trust, and the successor trustee sells using the powers the trust grants. Anything that was never retitled into the trust may still need probate, so check the deed first.
Can a trustee sell without asking the beneficiaries?
It depends on the trust. Many give the trustee a broad power of sale, but the trustee still owes fiduciary duties and has to give qualified beneficiaries notice within 60 days after the trust becomes irrevocable. Selling well below market value invites a claim, which is one reason a trustee should price from a real market analysis.
Does a certification of trust replace the full trust?
Often, yes. Under Fla. Stat. 736.1017 a trustee can provide a certification instead of the trust itself, but the title company can still request excerpts naming the trustee and granting the power to act in this transaction.
Do doc stamps change when a trust sells the home?
No. Doc stamps on the deed are based on the sale price. In Miami-Dade the seller customarily pays them, and your closing attorney will confirm the rate for your property type.
About Lynley Ciorobea
Lynley Ciorobea is a Miami-born real estate professional known for helping homeowners successfully prepare, position, and sell their homes across Coral Gables, South Miami, Pinecrest, Palmetto Bay, and the surrounding southern Miami neighborhoods. Since 2007, she has built her business around thoughtful strategy, strong negotiation, and a marketing-first approach designed to help listings stand out in an ever-evolving market. A true local, Lynley grew up in Pinecrest and graduated from Palmer Trinity School before attending Duke University, where she earned a BA in Psychology. As the founder of the Lynley Residential Group, Lynley remains personally involved in every listing she represents. With more than $250 million in career transactions and more than 70 5-star Google reviews, she brings a local perspective that goes far beyond surface-level market knowledge.
If you are thinking through a pre-sale exterior plan for your own house, I am happy to walk you through the order of operations. Reach out anytime at lynleyresidential.com.