Trust Check — Should Your Florida Property Be in a Trust?

Why this matters in Florida.

When a property owner passes away, Florida real estate generally goes through probate — a public court process that can take months and cost real money. Owners who live in another state or country face a second layer: their estate may need a separate Florida proceeding just for the property here.

A properly set up trust is one of the main ways families avoid that. Whether it's right for you depends on where you live, what you own, and who it's for.

Educational information only — not legal or tax advice. Trust and estate decisions should be made with a licensed Florida estate planning attorney. ESP receives no compensation for attorney referrals.

FREE · 60 SECONDS 1 of 5

This is a starting point, not legal advice. Bring it to an estate attorney — or to a strategy session and we'll walk through it together first.

Talk it through, free

Why Florida families use trusts

Six things a trust can do here.

Skip Florida probate

Assets titled in a funded trust generally pass to heirs without the court process — often saving months and meaningful fees.

Keep it private

Probate files are public record. A trust keeps what you owned, and who gets it, inside the family.

No second probate for non-residents

Out-of-state owners avoid the extra Florida "ancillary" proceeding their estate would otherwise need.

A plan for incapacity

Your chosen successor trustee can step in without a court-appointed guardianship if you can't manage things yourself.

Control the how and when

Stage inheritances by age or milestone, provide for a second spouse and kids from a first marriage, protect a beneficiary who struggles with money.

Florida's tax climate helps

No state income tax and no state estate tax — planning here is about the federal rules and the homestead exemption's fine print.

Owning from abroad

International owners face a different rulebook.

Southwest Florida attracts buyers from Canada, Europe, and Latin America — and US estate rules treat non-resident owners very differently from citizens. Structure matters more than anything else you'll decide.

Plan before you buy

The estate-tax gap is enormous

US citizens can pass many millions free of federal estate tax. Non-resident owners of US property get an exemption of roughly $60,000 — everything above it can be taxed at rates up to 40%. A $500K condo owned in your own name can create a six-figure exposure.

Probate from another country is painful

Heirs abroad typically need a Florida ancillary probate to receive the property — foreign documents, translations, court timelines, and a Florida attorney, all while the property sits in limbo and keeps costing money.

A revocable trust alone may not be enough

It avoids probate, but generally not the non-resident estate tax. International owners often layer structures — LLCs, irrevocable trusts, or corporate ownership — each with its own income tax, FIRPTA, and reporting trade-offs. This is exactly where cross-border counsel earns their fee.

Selling has its own rule: FIRPTA

When a foreign owner sells US property, the buyer generally must withhold 15% of the sale price for the IRS. Owning through the right structure, and planning the sale, changes how much of that you see back and how fast.

General education only — rules change and treaties vary by country. Always confirm with a cross-border tax professional and a Florida estate attorney before structuring a purchase.

Should your Florida property be in a trust?

Why this matters in Florida.

Six things a trust can do here.

International owners face a different rulebook.