Deed Guides
Putting a Florida Home Into a Trust
Direct answer
Putting a Florida home into a trust takes a new deed, not the trust document alone. The current owner conveys to the trustee of the trust — usually by quitclaim deed, sometimes searched as a quick claim deed — using the legal description from the last recorded deed. Time to Close Title prepares that deed. We do not draft the trust. The grantor signs before two witnesses and a notary. If the house is homestead, a spouse often must join even when only one name is on title. The client records the deed with the clerk of the county where the land sits. A deed into a trust does not take anyone off the mortgage or the note.
Key takeaways
- The recorded deed has to name the trustee. Signing a trust is not enough.
- Time to Close Title prepares the quitclaim. The estate-planning attorney drafts the trust. The client records the deed.
- Homestead usually means both spouses join the conveyance.
- The mortgage stays with the people who signed the note unless the lender refinances or releases them.
- Bring the trust and the last deed so the trustee name and legal description match.
Does creating a Florida trust put the house in the trust?
No. The trust is a private document. Title examiners read what was recorded after the last deed. Until a new deed names the trustee as grantee, the house is still in the individual's name in Official Records.
The usual instrument is a quitclaim deed from the current owner to the trustee of a revocable living trust. That is the same family of deed we use to add a spouse. It is not the warranty deed used on an arm's-length sale.
| Item | Changed by the new deed | Not changed by the deed |
|---|---|---|
| Official Records | The trustee can appear as the owner | The trust agreement itself is not recorded as the deed |
| Homestead | A spouse often must join the conveyance | Homestead tax exemption is a separate filing with the property appraiser |
| Mortgage / note | Does not move the loan to the trust | The people who signed the note still owe the lender |
| Title insurance | A search is still worth doing | The existing owner's policy names the old insured |
What do we need to prepare the deed?
Bring the last recorded deed and the signed trust. We need the exact trustee name and the legal description. Street address alone is not enough. If this is a Hernando County house, the deed book is with the clerk in Brooksville — see our Hernando County page.
Time to Close Title prepares the deed. We do not write the trust, name successor trustees, or give estate-planning advice. If the trust is unclear about who may take title, that is a question for the attorney who drafted it.
Trustee name
Copy it from the trust, not a nickname on a folder.
2 + notary
The grantor signs before two witnesses and a notary.
You record
We prepare the quitclaim. The client records it.
How do you deed a Florida home into a trust, step by step?
Florida documentary stamp tax can still be due. Moving a house into your own revocable trust is not automatically stamp-free, especially if a mortgage remains. We do not invent those amounts. Ask for a written estimate before you sign.
Read the last deed and the trust
Confirm current vesting, homestead, and the exact trustee name.
We prepare the quitclaim
Grantor, trustee as grantee, and the full legal description go on a new deed. See [quitclaim deed services](/quitclaim-deeds).
Sign, witness, and notarize
The grantor signs before two witnesses and a notary. A spouse often joins if the property is homestead. We can arrange that.
You record it
The client records the deed with the clerk of the county where the land sits and pays any documentary stamp tax and the clerk's fee.
Does the mortgage or title insurance change?
No on the loan. A deed into a trust does not refinance the note. Tell the servicer you are transferring to your revocable trust. Federal due-on-sale rules generally protect a transfer into a trust where the borrower remains a beneficiary, but the lender still needs the facts from you. If the loan itself has to change, that is a refinance.
An existing owner's title policy names the insured. After the deed is recorded, ask whether the trustee needs an updated owner's policy. A quitclaim does not promise clear title.
Can Time to Close Title prepare the deed?
Yes. We prepare Florida quitclaim deeds into a trust, and we can arrange witnessing and notarization. The client records the deed. Call (352) 792-1214 or contact us from our Spring Hill office at 3087 Anderson Snow Road.
Frequently asked questions
Does signing a Florida living trust put my house in the trust?
No. Official Records still need a new deed from the current owner to the trustee.
What kind of deed puts a Florida home into a trust?
Usually a quitclaim deed to the trustee. Time to Close Title prepares it. The client records it. We do not draft the trust.
Do both spouses have to sign a deed into a trust?
Often yes on homestead. Florida generally requires the spouse to join a conveyance of homestead even when that spouse is not on the current deed.
Does deeding the house into a trust take me off the mortgage?
No. The people who signed the note still owe the lender unless the lender refinances or formally releases them.
Where is the deed to the trustee recorded?
With the clerk of the county where the property sits. Hernando County Official Records are in Brooksville. We prepare the deed; you record it.