The Edwards Law Firm

Estate Planning For All Generations

How to Remove Property from a Living Trust in Florida 

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If you created a revocable living trust, you likely wanted to support your family, reduce probate, and keep your plan organized. 

But life changes. You may refinance, sell a home, buy new property, or decide that an asset should no longer stay in the trust. When that happens, you may wonder how to remove property from a living trust without disrupting your Florida estate plan.

This guide offers general information for Florida residents. It is educational only and not legal advice. Your trust terms and your goals matter, so you should speak with a Florida estate planning attorney before making changes.

Understanding your revocable living trust in Florida 

A revocable living trust is an agreement that holds your assets while still allowing you to stay in control. You usually serve as both the grantor and the trustee during your lifetime.

For many Jacksonville and Northeast Florida families, placing real estate into a revocable trust may help:

  • Keep assets out of probate
  • Provide a clear plan if you become unable to manage your affairs
  • Allow a successor trustee to handle or transfer the assets later

The Florida Bar’s consumer pamphlet on revocable trusts explains how these trusts operate and what happens after the grantor’s death.

Because a revocable trust can be changed, you can often remove property from it. The key is following the trust’s rules and Florida law so ownership remains clear.

Why you may want to remove property from a living trust 

People consider removing property from a trust for many reasons. Common examples include:

You plan to sell the property

Your attorney may suggest moving the home out of the trust before or as part of the sale, depending on title company preferences and your trust language.

You are refinancing

Some lenders prefer the property to be titled in your individual name during refinancing, even though transfers into or out of a revocable trust are often permitted.

You want to shift the property into a different structure

This may apply if you are moving a rental home into an LLC or creating a different trust for long-term planning goals.

Each situation requires care. 

How to remove property from a living trust in Florida: key steps 

Think of the process in two parts:

  1. Changing the legal title
  2. Updating your estate plan so everything stays consistent

Working with a qualified Florida attorney can help you manage both steps.

Step 1: Review Your Trust and Estate Plan 

Before you sign anything, it may help to:

  • Confirm who has authority to amend or revoke the trust
  • Check whether both spouses must approve changes to a joint trust
  • Look at schedules or attachments showing trust assets
  • Review how the trust treats Florida homestead property

These details guide what paperwork is needed, including amendments or restatements. This review also helps you understand how your beneficiaries may be affected.

Step 2: Prepare a new deed to transfer the property out of the trust 

Real estate is eliminated from a living trust by a deed that transfers title from the trust to the new owner.  The new owner may be you individually, you and your spouse, an LLC, or a buyer.

Your attorney will usually:

  • Confirm the current legal title
  • Prepare the new deed
  • Ensure the deed language protects homestead rights when needed
  • Arrange proper execution under Florida law 

Step 3: Record the deed in the county where the property is located 

After signing, the deed often must be recorded with the county. Recording updates the public record and helps avoid later title concerns.

There may be recording fees or documentary stamp tax, depending on the type of transfer and any existing mortgage.

Step 4: Update related documents 

Once the property is out of the trust, you may want to:

  • Update the trust’s asset schedule
  • Review your will, powers of attorney, and advance directives
  • Notify your insurance provider
  • Confirm how the property will pass at your death now that it sits outside the trust

If the property leaves the trust but your estate plan does not address it, an unexpected Florida probate may occur.

Talk with a Jacksonville trust attorney before making changes  

If you are thinking about removing property from a living trust, you may already recognize that even a small adjustment can affect your entire estate plan. A brief discussion with a Florida estate planning attorney may help you:

  • Understand your choices
  • Decide whether the property should remain in the trust
  • Coordinate your estate plan, trust language, and property documents
  • Reduce the risk of avoidable probate or title concerns

Serving Northeast Florida with Trusted Estate Planning Support 

At The Edwards Law Firm, we help families throughout Jacksonville, St. Augustine, and Northeast Florida build plans that reflect their goals and protect the people they love. If you would like guidance about your revocable trust or property transfers, you can call (904) 672-7600 or visit EdwardsLawFirm.com to request a consultation.

 

Mathew Johnston
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