Selling Inherited or Trust Homes in Orlando | 2025 Guide

by Ted Moseley

Orlando Real Estate

Can I Sell an Inherited or Trust Home in Florida if I Am Not a Florida Resident?

by Ted Moseley Read time ~9 min
Quick Summary

Yes - you can sell an inherited or trust home in Florida as a non-resident. The keys are verifying authority to sell, selecting the correct probate path when needed, planning for taxes, and using remote-friendly closing tools. With an experienced Orlando advisor coordinating title, attorney, and vendors, out-of-state trustees and heirs can achieve smooth, on-time closings.

Orlando Nest – Real Broker, LLC
 

If you are handling a Florida home held in a trust or one you inherited while living out of state, you can complete the sale without traveling. The process is straightforward when you confirm authority, choose the right probate path, plan for taxes, and coordinate a remote closing with a capable local team. As your Orlando real estate advisor, I quarterback these steps so you can focus on decisions, not paperwork.

What Are the Legal Requirements for Selling a Home in a Trust?

Confirm Authority to Sell

Identify the acting trustee and verify the powers to sell under the trust. Your title company will request specific pages showing the appointment of the trustee and the powers granted, plus any amendments. If there are co-trustees, expect both signatures or a documented delegation. A seasoned local advisor keeps this collection tight and avoids re-work with title and the buyer’s lender.

Title Insurance and Document Readiness

Title insurance protects against challenges to ownership or authority. Expect to provide government-issued identification and standard seller affidavits. Irrevocable trusts can introduce extra steps, such as documenting beneficiary consents, so involve your title officer and attorney early. My role is to align the timeline, so document review happens in parallel with market prep.

Remote execution made practical: Florida recognizes electronic signatures and remote online notarization through approved providers, allowing trustees to sign from out of state while the notarization is deemed performed in Florida. See Florida’s electronic signature statutes and the Department of State’s RON program for details: §668.50, §668.004 and Florida RON overview with the venue rule at §117.265.

How Do I Manage an Inherited Property From Out of State?

Understand Florida Probate Basics

Florida commonly uses formal administration or summary administration for probate. Which path applies depends on the estate size, creditor claims, and how the home was titled. If the home was titled in a living trust, probate for that asset may be avoided. For a plain-English primer, see the Florida Bar’s consumer pamphlet on probate and related resources from the Florida Courts. Florida Bar – Probate in Florida.

When Summary Administration Might Apply

Summary administration is a simplified proceeding that may be available in limited circumstances defined by statute, often when assets subject to probate are below a statutory threshold or when sufficient time has passed. A probate attorney can confirm eligibility and whether a personal representative will be appointed. Your advisor keeps the real estate tasks aligned to the attorney’s timeline, so you do not lose time on market prep.

Plan for Taxes Early

Florida does not currently impose a separate state estate tax. However, the state records an estate tax lien that is released by filing the appropriate affidavit where no federal estate tax return is due. The Florida Department of Revenue provides the forms: DR-312 and DR-313. On the federal side, heirs generally receive a step-up in basis to fair market value at the date of death, which can reduce capital gains when you sell. See IRS Publication 551 and the IRS FAQ on gifts and inheritances. I coordinate with your tax professional to ensure timing and documentation support your returns.

Pros and Cons of Selling From Out of State

  • Pros: remote management with e-signatures, secure portals, video tours, and remote online notarization. A local team handles pricing, prep, showings, and closing coordination. I act as your single point of contact, so vendors and timelines stay synchronized.
  • Cons: limited on-site oversight and time zone friction. We mitigate with a clear project plan, weekly status updates, and when available, smart-home monitoring for vacant properties.

Step-by-Step Timeline: Trust or Estate Sale in Orlando

  1. Strategy call and document check – Confirm trustee authority or probate path with counsel. Identify any HOA, permits, or payoff items early. I map the target list date and build the vendor calendar backward from closing to avoid rush fees.
  2. Property readiness – Safety, cleanliness, curb appeal, and small energy-efficient fixes that resonate with Orlando buyers. When heirs cannot visit, I arrange vetted vendors and provide before-and-after photo proof.
  3. Pricing and positioning – Use condition-adjusted comps and buyer-pool analysis. If a home sits in a historically strong micro-market, that resale reliability informs pricing confidence and negotiation thresholds.
  4. Marketing the story – Professional photos, floor plan, virtual tour, and clear copy. We highlight location advantages if they genuinely apply to the property (school zones, proximity to employment hubs, parks, or Medical City).
  5. Showings and feedback – Weekly summary with buyer comments and market signals. We course-correct quickly if we see pattern feedback on condition or price.
  6. Offer, title, and closing logistics – Negotiate credits and timelines that respect probate or trust milestones. Choose in-person or remote close. Coordinate estoppels, payoff statements, and title requirements so we hit the target date.

Where reliable resale strength helps

Out-of-state sellers do not choose the neighborhood, but inherited homes in historically strong Orlando micro-markets often draw larger buyer pools and cleaner offers. In practice, segments like Winter Park, Baldwin Park, and Lake Nona have shown consistent demand across cycles. If your inherited property is in one of these pockets, we lean into that built-in demand with crisp pricing and presentation to reduce time on market and negotiation friction.

Practical Checklist for Trustees and Heirs

  • Identify acting trustee or personal representative and confirm signing authority.
  • Collect trust excerpts or probate letters, government ID, HOA contacts, and recent invoices or permits.
  • Discuss federal basis step-up and closing-year tax reporting with your CPA; note Florida DOR affidavits for liens when no federal return is due.
  • Decide on remote close vs. in-person; confirm acceptable e-signature and RON logistics with title.
  • Approve vendor plan for cleaning, minor repairs, lawn care, and staging or virtual staging.
  • Set a weekly update cadence with your Orlando advisor to keep everything moving.

FAQs

Can I sell an inherited property without going through probate?

It depends on titling. If the home was owned solely in the decedent’s name, probate is typically required. If the home was held in a living trust or passed by survivorship, probate for that asset may be avoided. Review the Florida Bar’s overview and consult a Florida probate attorney to select the correct path. Florida Bar – Probate in Florida.

How long does a trust or estate sale take?

Most Orlando trust or estate sales close in 30 to 60 days once the property is market-ready. The pacing items are usually title review of trust authority or issuance of probate letters. A coordinated advisor keeps title, attorney, and buyer timelines aligned.

Do I need to be physically present for closing?

No. Florida authorizes remote online notarization and recognizes electronic signatures when requirements are met. Trustees and heirs can sign from out of state while the notarization is deemed performed in Florida. See Florida RON and statutes §668.50, §668.004, §117.265.

Does Florida have inheritance or estate tax?

Florida does not currently impose a separate state estate tax. To clear the state’s automatic estate tax lien when no federal estate return is required, file the appropriate affidavit with the clerk. See Florida DOR forms DR-312 and DR-313.

How are capital gains handled when I sell an inherited property?

Heirs generally receive a step-up in basis to the property’s fair market value as of the date of death. Your taxable gain is typically the sale price minus the adjusted basis after the step-up and allowable selling costs. Review IRS guidance and consult your tax professional. See IRS Publication 551 and the IRS FAQ on gifts and inheritances.

Work with an Orlando advisor who has done this before

Ted Moseley – Real Broker, LLC
ted@orlandonest.com(321) 321-2372
Orlando and Central Florida • Orlando, FL 32801

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© 2025 Ted Moseley – Orlando Nest – Real Broker, LLC

 

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Ted Moseley

Ted Moseley

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+1(321) 321-2372

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