For out-of-state property owners and dual-state residents, the revocable living trust is often the single most effective tool for avoiding a second probate in Florida. By holding your Miami real estate in a trust governed by the Florida Trust Code (Chapter 736), you can keep that property out of court administration in every state where you own assets.
How a Revocable Trust Works
You create the trust, name yourself as trustee, and transfer assets into it during your life. Because the trust is revocable, you keep full control: you can amend it, move assets in or out, and revoke it entirely. When you die, your named successor trustee distributes the trust assets to your beneficiaries according to your instructions, without probate. Chapter 736 governs how Florida trusts are created, administered, and enforced.
Avoiding Ancillary Probate
This is the core benefit for dual-state clients. When a non-resident dies owning Florida real estate in their individual name, that property usually requires an ancillary administration in Florida, separate from the probate in their home state. A funded revocable trust eliminates that second proceeding for the property it holds. Your family avoids hiring Florida counsel for a court case, avoids the delay, and keeps the transfer private rather than part of the public probate record.
Funding the Trust Is Essential
A trust only avoids probate for the assets actually titled in its name. We prepare and record a deed transferring your Miami property into the trust, and we coordinate the retitling of other Florida assets. An unfunded trust is a common and expensive mistake; the document exists, but the property still goes through probate because the deed was never changed. We make funding part of the engagement, not an afterthought.
Coordinating With Your Home State
Dual-state clients usually have advisors and documents in another state. A Florida revocable trust can hold your Miami property while your home-state plan governs your primary residence and other assets, or a single trust can hold property in multiple states. We work with your existing advisors so the Florida and home-state pieces fit together instead of conflicting.
Homestead and Trusts
If your Miami property is your Florida homestead, placing it in a revocable trust is generally permitted and does not by itself forfeit homestead tax or creditor protections, but the analysis is fact-specific and depends on your residency and family situation. Because many dual-state owners are uncertain whether their property qualifies as homestead, we evaluate this before transferring title.
Speak With a Florida Attorney
This page explains Florida trust concepts generally and is not legal advice. Whether a revocable trust is right for you, and how to fund it, depends on your specific assets and goals across states. Please consult a licensed Florida attorney before creating or funding a trust.
