If you own a condo in Clearwater, on Clearwater Beach, or anywhere in Pinellas County, you are in good company. Condominiums are one of the most common ways Florida residents and seasonal owners enjoy life near the water. And if you are reading this, you have probably started to wonder what happens to that condo when you are no longer here to enjoy it.
The short answer is yes, you can put a condo in a trust in Florida. In fact, it is one of the most common requests we receive at Silvers Law, P.A. But condos come with a few extra layers that a single family home does not, including association rules, approval requirements, and in some cases special assessments. We want to walk you through what that means for you and your family, in plain language.
How to Put Your House in a Trust in Florida: What You Need to Know
Why So Many Condo Owners Choose a Trust
We meet condo owners from all walks of life. Some are retirees who downsized from the family home and now live in a building in Dunedin or Belleair. Some are snowbirds who spend winters in Clearwater and summers up north. Others are adult children who inherited a parent’s unit and are now thinking about their own plans.
Here are a few situations you might recognize:
- You live in another state most of the year, and you do not want your children to face probate in both your home state and Florida.
- You own more than one unit, perhaps one you live in and one you rent out.
- Your building is going through repairs or assessments, and you want someone ready to step in if you cannot manage payments or votes.
- You have a blended family and want clear instructions about who keeps the unit and who receives the proceeds if it is sold.
- You simply want your family to avoid the time, cost, and public nature of the Pinellas County probate process.
A properly drafted revocable living trust addresses each of these concerns. You remain in control while you are alive and well. If you become incapacitated or pass away, the successor trustee you chose steps in without waiting on a judge.
Out of State Owners and Ancillary Probate
This is one of the biggest reasons we recommend a trust for condo owners who live elsewhere. When someone who lives outside Florida dies owning Florida real estate in their own name, the family usually has to open a separate proceeding here, called ancillary administration, under Section 734.102, Florida Statutes. That means a second court case, a second set of fees, and more delays on top of whatever is happening back home.
When your condo is titled in your trust, your successor trustee can typically handle it directly. We have helped many families from across the country avoid a Florida probate case entirely for this very reason.
What Makes a Condo Different From a House
Florida condominiums are governed by the Florida Condominium Act, Chapter 718 of the Florida Statutes, along with your association’s declaration of condominium, bylaws, and rules. These documents can affect how you transfer your unit, even when you are transferring it to your own trust.
Association Approval and Notice
Many Florida associations require notice or approval before a unit changes ownership. Some documents treat a transfer to a trust as a change in ownership, even though you are still the person living there. Others specifically exempt transfers to a revocable trust. Before anything is signed, we review your declaration so the transfer does not accidentally trigger an approval process or a violation.
Right of First Refusal
Some older buildings give the association a right of first refusal when a unit is transferred. This is less common today, but it still appears in certain declarations. We check for it so there are no surprises.
Communities for Residents 55 and Older
If your condo is in an age restricted community, the association may have rules about who can occupy the unit. That matters when you are deciding who will inherit it or whether a younger family member could live there after you are gone. We help you plan with those rules in mind.
Leasing Restrictions
If a beneficiary might want to rent the unit later, your association’s leasing rules can shape that decision. Some buildings limit rentals or require a waiting period. Knowing this ahead of time helps your family make realistic choices.
How to Put a Condo in a Trust in Florida
Once your trust is in place and your association documents are reviewed, the process looks much like transferring a house.
1. Create Your Trust
We draft a trust agreement under the Florida Trust Code, Chapter 736, naming you as trustee, naming a successor trustee, and spelling out exactly what happens to the condo.
2. Prepare and Sign a New Deed
The unit is transferred from you to yourself as trustee. Under Section 689.01, Florida Statutes, the deed must be signed in front of two witnesses and should be notarized so it can be recorded. The legal description must match the condominium description exactly, including the unit number and your share of the common elements.
3. Give the Association Any Required Notice
If your documents call for notice or approval, we help you handle it so your records with the association stay accurate.
4. Record the Deed
For Pinellas County condos, the deed is recorded with the Pinellas County Clerk of the Circuit Court and Comptroller.
5. Update Your Insurance
Your condo unit owner’s insurance policy should reflect the trust. We recommend calling your agent after the transfer so coverage continues without a gap.
Will I Keep My Homestead Exemption?
If your condo is your permanent Florida residence, you likely have a homestead exemption and the Save Our Homes cap on your assessed value. Florida law, including Section 196.041, allows you to keep that exemption when your unit is held in a properly drafted trust. The trust language matters here, and we write it to protect your benefits. You can confirm your exemption with the Pinellas County Property Appraiser.
We also make sure your plan respects the homestead protections in Article X, Section 4 of the Florida Constitution. If you are married or have a minor child, those rules limit who can receive your homestead condo. Your spouse may also need to sign the deed.
Can I Put a Condo With a Mortgage in a Trust?
Yes. Federal law, known as the Garn St. Germain Act, generally prevents a lender from demanding full repayment just because you moved your home into a revocable trust where you remain a beneficiary and continue living there. Your payments and loan terms stay the same. We typically suggest letting your lender know, and we review any documentary stamp tax questions before recording.
If the condo is a rental or second home rather than your residence, the analysis can be different, and we will talk through that with you.
What About Assessments and Building Repairs?
Many Florida condo owners have seen significant changes in recent years, including new inspection and reserve requirements for older buildings. A trust does not eliminate your obligation to pay regular dues or special assessments. What it does is make sure someone you trust has the authority to keep paying them, attend meetings, and vote if you become unable to.
That peace of mind matters. We have worked with families where a parent developed memory loss and unpaid assessments began piling up because no one had legal authority to act. A trust, paired with a durable power of attorney, helps prevent that situation.
What If I Own a Cooperative Instead?
Some buildings in Florida are cooperatives rather than condominiums. With a cooperative, you own shares in a corporation and hold a proprietary lease, rather than owning real property outright. These are governed by Chapter 719, Florida Statutes, and board approval is often required for any transfer. Placing a cooperative interest in a trust is usually possible, but it involves assigning shares and the lease rather than signing a deed. We guide you through each step.
What Happens to the Condo After I Pass Away?
When you pass away, your successor trustee takes over. Depending on your instructions, the trustee may sell the unit, transfer it to a beneficiary, or keep it in the trust for a period of time, such as allowing a surviving spouse to live there for life.
Your trustee will still need to work with the association, which may request documentation before recognizing the new owner or occupant. Our trust administration team helps trustees through this process every day, so your family is not left guessing during an already difficult time.
Can I Do This Without a Lawyer?
Florida law does not require an attorney, but condos are where do it yourself transfers most often go wrong. We have corrected deeds with incomplete legal descriptions, transfers that ignored association requirements, and trusts that unintentionally put a homestead exemption at risk.
Estate planning is all we do at Silvers Law, P.A. Just as you would see a cardiologist for your heart rather than a general practitioner, your condo deserves an attorney who focuses solely on this area of law.
How Silvers Law, P.A. Can Help
Your condo may be your home, your getaway, or the place your grandchildren remember visiting every spring. Whatever it means to you, we want to help you protect it.
At Silvers Law, P.A., you are never just another file. We take time to understand your family, your building, and your goals. We can help you:
- Create a revocable or irrevocable trust designed around Florida law
- Review your declaration, bylaws, and approval requirements
- Prepare and record your deed correctly in Pinellas County
- Protect your homestead exemption and Save Our Homes cap
- Transfer a mortgaged unit or a cooperative interest properly
- Help your family avoid ancillary probate if you live out of state
- Guide your successor trustee through the association and the transfer when the time comes
If you are ready to talk about your condo and your family’s future, contact Silvers Law, P.A. in Clearwater today to schedule a consultation. We are here to help you take the next step with confidence.
This article is for general educational purposes and is not legal advice. Reading it does not create an attorney client relationship. Please contact Silvers Law, P.A. to discuss your specific situation.
