Funding a revocable trust in Florida: deeds, accounts, retirement plans, insurance and what to leave out
A Florida revocable trust controls only the property titled in the trustee's name or assigned to it. This page lists how to fund each asset type, the deed and recording rules, what to leave out, and what happens to assets left unfunded, each with its source.
A trust is created by transferring property to a trustee, by will, by the owner declaring that the owner holds identifiable property as trustee, or by exercise of a power of appointment in favor of a trustee (§ 736.0401, Fla. Stat. (2026)). Signing a trust document does not move property. Property still titled in the owner's name when the owner dies is not trust property.
If that property is subject to administration, it passes under the will or the intestacy statutes, and a pour-over will can direct it to the trustee after probate (§ 732.513). That detour is what funding is meant to avoid.
Funding does not remove creditors. Revocable trust property is subject to the settlor's creditors during life to the extent it would not be exempt if owned directly (§ 736.0505(1)(a)). After death, the trust is liable for the expenses and obligations of the settlor's estate to the extent the estate cannot pay them (§ 733.707(3); § 736.05053).
The Sources section lists each cite, last checked October 17, 2026.
- Deed: real estate moves by a recorded deed from the owner to the trustee (Table 2).
- Retitle or assign: bank, brokerage, business and tangible property move by new title or a written assignment (Table 1).
- Name as beneficiary: retirement accounts and life insurance stay in the owner's name and name the trust or a person as beneficiary (Table 1).
- Do not retitle: IRAs and other retirement accounts (see Retirement accounts below).
How to fund each type of asset
| Asset | How it is funded | Rule to know | Source |
|---|---|---|---|
| Florida real estate | Deed from the owner to the trustee, recorded with the clerk | Witnessing, acknowledgment, recording and tax rules in Table 2 | § 689.01; § 695.26 |
| Out-of-state real estate | Deed that meets the law of the state where the land lies | Recording requirements are set by the state and county where the land lies. | Local recording law |
| Bank accounts | Retitle in the trustee's name, or name the trust as pay-on-death beneficiary | A pay-on-death account passes to the beneficiary and is not part of the estate. The bank may take a certification of trust instead of the trust. | § 655.82(3)(b); § 736.1017 |
| Brokerage accounts | Retitle in the trustee's name, or register the securities in beneficiary form | Transfer-on-death registration is governed by ss. 711.50-711.512. | § 711.501 |
| IRAs, 401(k)s and other plans | Do not retitle. Name the trust or a person as beneficiary. | An amount paid out of an IRA is included in gross income. A trust receives special treatment only if the Pub. 590-B conditions are met. | 26 U.S.C. § 408(d)(1); IRS Pub. 590-B (2025) |
| Life insurance | Keep the policy in place and name the trust or a person as beneficiary | Proceeds payable to the insured's estate become part of the estate. Proceeds payable to a designated person go to that person. | § 222.13(1) |
| LLC interests | Written assignment of the interest, then admission as member under the operating agreement | A transfer of the interest alone does not give the transferee management rights. Admission follows the operating agreement or the members' consent. | § 605.0502(1); § 605.0401(3) |
| S corporation stock | Stock assignment and update of the stock register | A trust wholly treated as owned by one grantor can hold S stock. After the grantor's death it can continue as a shareholder for 2 years. | 26 U.S.C. § 1361(c)(2)(A)(i)-(ii) |
| Vehicles | Optional. Heirs and devisees can obtain title through the Department of Highway Safety and Motor Vehicles after death. | Affidavit routes in § 319.28 can avoid a court order for some transfers. | § 319.28 |
| Vessels | Application for a certificate of title to the county tax collector | Only an owner may apply, and a transfer from a deceased titled owner needs the documents listed in § 328.01(7)(c). | § 328.01 |
| Furniture, jewelry, art and other tangible property | Written assignment to the trustee, or a declaration by the owner that the owner holds the items as trustee | A declaration by the owner of identifiable property is one method of creating a trust. | § 736.0401(2) |
Real estate: the deed and what follows
| Point | Rule | Source |
|---|---|---|
| Signing | A conveyance must be in writing and signed in the presence of two subscribing witnesses. Witnessing may be by audio-video communication technology as defined in s. 117.201. | § 689.01(1), (2) |
| Acknowledgment | To be recorded, the signature must be acknowledged before a judge, clerk, notary or other listed officer. | § 695.03 |
| Recording format | Names of signers and witnesses printed beneath signatures with post-office addresses; name and address of the preparer; name and address of each grantee; a 3-inch by 3-inch space in the upper right corner of page one. | § 695.26(1) |
| Trustee's powers | A recorded instrument that designates a person "trustee" and confers power to protect, conserve, sell, lease, encumber or manage the property vests that power. A grantee need not inquire into the trust. | § 689.073(1), (2) |
| Trust of land | A trust of land must comply with s. 689.05. | § 736.0403(2)(a) |
| Recording fees | Paragraph (13)(a)-(b): $5.00 for the first page and $4.00 for each additional page. Paragraph (13)(d): $1.00 for the first page and $0.50 for each additional page. Paragraph (13)(e): $4.00 per page. Clerks may post the combined amount. | § 28.24(13) |
| Documentary stamp tax | A deed to a trustee from a grantor who has the power to revoke the trust, and a deed back on revocation, are not transfers of ownership subject to tax. The general rule taxes the consideration, including any mortgage amount, at 70 cents per $100. | Fla. Admin. Code R. 12B-4.013(25)(i); § 201.02(1)(a) |
| Mortgage | A lender may not enforce a due-on-sale clause on a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy, for loans covered by the section. | 12 U.S.C. § 1701j-3(d)(8) |
| Homestead property tax exemption | The exemption goes to a resident with legal title or beneficial title in equity. A transfer between legal and equitable title is not a change of ownership for the assessment limitation if the same person remains entitled and no additional person applies for a homestead exemption. | § 196.031(1); § 193.155(3)(a)1.b. |
| Homestead and devise limits | The owner includes the grantor of a revocable trust, and a disposition by trust counts as a devise when the owner is survived by a spouse or minor child. | § 732.4015(2); Art. X, § 4(c), Fla. Const. |
The documentary stamp subsection number is from the rule as amended effective January 25, 2026, read on flrules.org on October 17, 2026. An earlier version of the same paragraph is reproduced on the Legal Information Institute. See the Lady Bird deed guide for the alternative that keeps title in the owner.
Bank, brokerage and tax reporting
Banks and brokerages set their own forms. Florida law lets the trustee give a certification of trust in place of a copy of the trust. It states that the trust exists and its date, the settlor, the trustee, the trustee's powers, revocability, the authority of cotrustees and the manner of taking title. It need not include the dispositive terms (§ 736.1017(1), (4)). A person who relies on a certification without knowledge that it is wrong is not liable, and the recipient may ask for excerpts that name the trustee and give the power to act in the transaction (§ 736.1017(5), (6)).
For a trust treated entirely as owned by one grantor, the trustee may report to payors either with the grantor's name and taxpayer identification number or with the trust's own name, number and address (26 C.F.R. § 1.671-4(b)(2)). Under the first method the trustee is not required to file any type of return with the IRS (26 C.F.R. § 1.671-4(b)(2)(ii)(B)).
Retirement accounts
Retitling an IRA to a trust is a distribution. Any amount paid or distributed out of an individual retirement plan is included in gross income by the payee (26 U.S.C. § 408(d)(1)). The usual route is to leave the account in the owner's name and complete the beneficiary form.
A trust cannot itself be a designated beneficiary, but the trust's beneficiaries are treated as designated beneficiaries if the trust is valid under state law, is irrevocable or becomes irrevocable at the owner's death, has identifiable beneficiaries and gives the custodian the required documentation (IRS Pub. 590-B (2025), Trust as beneficiary). A designated beneficiary who is not an eligible designated beneficiary must withdraw the whole balance by the end of the 10th year after the owner's death (Pub. 590-B, 10-year rule).
A retirement plan governed by ERISA pays the beneficiary named under the plan documents (Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, 555 U.S. 285 (2009)). A will or a trust does not change who is named.
Steps in order
Each step names who acts and the rule behind it.
- Step 1. Sign the trust (settlor). For a Florida domiciliary, a revocable trust must be executed with will formalities for provisions that take effect at death in favor of anyone other than the settlor's estate (§ 736.0403(2)(b); § 732.502).
- Step 2. Inventory and sort assets (settlor). Mark each asset: deed, retitle, assign, beneficiary form, or leave alone (Table 1).
- Step 3. Record the deed (settlor and witnesses). Follow Table 2 for witnesses, acknowledgment, recording format and fees.
- Step 4. Retitle accounts (settlor and institution). Provide a certification of trust (§ 736.1017).
- Step 5. Update beneficiary forms (settlor). Name the trust or individuals on insurance and retirement accounts. Do not retitle IRAs.
- Step 6. Assign business and tangible property (settlor). Use written assignments, then update the LLC records or stock register.
- Step 7. Notify the property appraiser (settlor). Confirm the homestead exemption stays in place (Table 2).
- Step 8. Keep a list (settlor and trustee). Add each new account or property to the trust at purchase.
At death. The trustee of a trust described in § 733.707(3) must file a notice of trust with the court of the county of the settlor's domicile (§ 736.05055), and must pay the personal representative the amounts the personal representative certifies are required for estate expenses and obligations (§ 736.05053(1)).
Assets left out of the trust
The trust still works for the assets that were funded. The assets left out follow the ordinary rules.
| Asset left in the owner's name | What happens | Source |
|---|---|---|
| Any probate asset, with a pour-over will | Passes through probate, then into the trust under the will's devise to the trustee | § 732.513 |
| Estate small enough for summary administration | The estate subject to administration in Florida, less property exempt from creditors, is $150,000 or less, or the decedent has been dead more than 2 years. Effective July 1, 2026, the amount is $150,000. | § 735.201 |
| Only personal property within § 735.301 | Court writing without administration | § 735.301; disposition guide |
| Sole-name bank accounts of $2,000 or less | A family member can collect on an affidavit, 6 months or more after death | § 735.303 |
| Florida real estate with no deed | Probate; homestead status may need a court determination | ch. 733; determination of homestead |
| Out-of-state real estate with no deed | Administered under the law of the state where the land lies | Local probate law |
| Vehicles | Heirs or devisees apply to the Department of Highway Safety and Motor Vehicles | § 319.28 |
Section 735.201 was amended by ch. 2026-57, Laws of Fla., section 7, effective July 1, 2026, raising the amount from $75,000. Section 735.303 was raised from $1,000 to $2,000 in section 9 of the same act.
Common funding errors
| Error | Why it matters | Source |
|---|---|---|
| Signing the trust and never deeding the house | The house is not trust property and goes through probate. | § 736.0401; § 732.513 |
| Deed signed with one witness, or not recorded | A conveyance needs two subscribing witnesses. A deed must be acknowledged or proved by a subscribing witness to be recorded (§ 695.03). | § 689.01; § 695.03 |
| Retitling an IRA to the trust | The amount paid out is included in gross income. | § 408(d)(1) |
| Leaving a former beneficiary on a form | The plan pays the named beneficiary, whatever the trust says. | Kennedy v. DuPont; § 222.13(1) |
| Assuming the trust shields assets from creditors | Revocable trust property is subject to the settlor's creditors during life and to estate obligations after death. | § 736.0505(1)(a); § 733.707(3) |
| Deeding homestead without considering the devise limits | A trust disposition of homestead counts as a devise when a spouse or minor child survives. | § 732.4015 |
| Assuming an agent can fund the trust | An agent may create a trust, amend it, make gifts or change beneficiary designations only if the principal initialed each enumerated authority. | § 709.2202(1) |
Sources
Last checked: October 17, 2026. Statutes are cited to the 2026 Florida Statutes on the Florida Senate site.
- § 736.0401, § 736.0403, § 736.0505, § 736.05053, § 736.05055 and § 736.1017, Fla. Stat. (2026). Trust Code.
- § 732.502, § 732.513, § 732.4015, § 733.707 and § 735.201, § 735.301, § 735.303, Fla. Stat. (2026).
- § 689.01, § 689.073, § 695.03, § 695.26, § 28.24 and § 201.02, Fla. Stat. (2026). Conveyances, recording, clerk charges, documentary stamp tax.
- § 196.031 and § 193.155, Fla. Stat. (2026). Homestead exemption; homestead assessments.
- § 222.13, § 655.82, § 711.501, § 605.0401, § 605.0502, § 319.28, § 328.01 and § 709.2202, Fla. Stat. (2026).
- Fla. Admin. Code R. 12B-4.013, effective January 25, 2026, Florida Department of Revenue.
- 12 U.S.C. § 1701j-3; 26 U.S.C. §§ 408 and 1361; 26 C.F.R. § 1.671-4, Legal Information Institute text, accessed October 17, 2026.
- IRS Publication 590-B (2025), accessed October 17, 2026. Kennedy v. Plan Administrator, 555 U.S. 285 (2009).
- Art. X, § 4, Fla. Const.. Homestead; exemptions.
What people ask us about this.
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Will my mortgage lender call the loan if I deed the house to my trust?
Can I put my IRA or 401(k) in my trust?
Do I need a new tax ID number for my revocable trust?
What is a certification of trust?
What if I forget a small account?
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