Land Trust — Florida Recognized
Florida recognizes land trusts. Florida has an explicit statutory framework under the Florida Land Trust Act. Create a Land Trust →
Recognition Status
Florida Land Trust Act (§689.071) explicitly authorizes land trusts. Statutory framework: beneficial interest is personal property, trustee holds legal title, beneficiary has power of direction. Homestead protection preserved. Strong statutory support.
How Land Trusts Work in Florida
A land trust in Florida allows a trustee to hold legal title to real property while the beneficiary — the real owner — remains private. The beneficial interest is classified as personal property, which means it can be transferred by assignment without recording a deed.
Key features
- Privacy: The trustee's name appears on public records; the beneficiary's identity stays private
- Probate avoidance: Beneficial interest transfers by assignment, not through probate
- Beneficiary control: The trustee acts only on the beneficiary's written direction
- Personal property treatment: The beneficial interest is personal property, not real property
What You Need
A land trust requires two documents:
- Land Trust Agreement — the private, unrecorded contract between trustee and beneficiary. This is what FreeTrustDocs generates.
- Deed to Trustee — the recorded deed transferring legal title. You file this separately at your county recorder's office.
Trustee Requirements in Florida
The trustee can be an individual or an entity (such as an LLC). For maximum privacy, the trustee should not be the beneficiary. Many people use a trusted third party or a professional trustee service. The trustee holds legal title but has no independent authority — they act only on the beneficiary's written direction.