Can a Trustee Sell Property in Miami?

Yes, in most cases a trustee can sell real property held in a trust in Florida, and the trustee usually does not need a court order to do so. But the more important questions we hear in our Miami practice are the contested ones: Can a beneficiary stop the sale? Did the trustee get fair value? Can the trustee buy the house themselves? And what happens when a sale already closed and a beneficiary believes the trust was shortchanged?

This page focuses on the litigation and dispute angles of trustee real-estate sales in Miami-Dade County — objecting beneficiaries, petitions to authorize or block a sale, and surcharge actions for an improper sale. It is distinct from our pages on whether an executor can sell property, whether an administrator can sell property, whether an agent under a power of attorney can sell property, and whether you can sell a house during probate. Those roles arise under different statutes (the Florida Probate Code and Chapter 709) and follow different procedures. A trustee acts under the Florida Trust Code, Chapter 736, and a trust sale generally happens outside the probate court — which is exactly why disputes over trust sales play out differently.

The Short Answer, and Where Disputes Actually Begin

Under Florida Statutes § 736.0816(2), a trustee may acquire or sell property, for cash or on credit, at public or private sale, unless the trust instrument limits or removes that power (§ 736.0815). Because the power to sell is the default, most disputes are not about whether the trustee had authority — they are about how the trustee exercised it:

Was the price fair, or did the trustee dump the property below market?
Did the trustee sell to an insider — themselves, a spouse, a co-trustee, or a friendly buyer?
Did the trustee keep beneficiaries informed, or were they kept in the dark until after closing?
Did the trust prohibit the sale of a specific asset, like a family home, that the trustee sold anyway?
Was the property Florida homestead, triggering constitutional descent and protection issues?

These are the fault lines that turn a routine sale into breach of fiduciary duty litigation.

Miami-Dade Practice: Where These Cases Are Heard

Trust disputes in Miami-Dade are litigated in the Probate Division of the Eleventh Judicial Circuit Court, which hears trust matters under Chapter 736 even though they are not probate estates in the traditional sense. A trustee who wants protection before selling, or a beneficiary who wants to block a sale, files in that division — not in the general civil division.

Two local realities shape these cases. First, Miami's real-estate market is volatile and high-value; a single waterfront condo or Coral Gables home can represent nearly the entire trust corpus, which raises the stakes of any "underpriced" sale and makes the trustee's duty to diversify under § 736.0903 a live issue. Second, Miami-Dade trusts frequently hold property that was the decedent's homestead. Florida homestead has constitutional protections (Art. X, § 4, Fla. Const.) and special descent rules under § 732.4015 that can complicate or even override a trustee's plan to sell, particularly where a surviving spouse or minor children are involved. We routinely see fights where a trustee assumes a home is freely sellable trust property when, in fact, homestead character and protected descent are in play.

Can a Beneficiary Stop a Trustee From Selling?

A beneficiary's objection does not, by itself, freeze a sale. The trustee holds legal title and the power to manage trust assets, and disagreement — even unanimous disagreement — does not automatically strip that authority. But a beneficiary is not powerless:

Petition for instructions or to restrain the sale. A beneficiary can ask the court to intervene under § 736.0201, the Trust Code's broad grant of jurisdiction over trust proceedings. Where a sale would cause irreparable harm — for example, the imminent sale of a unique homestead at a suspect price to an insider — a beneficiary may seek a temporary injunction to halt the closing while the dispute is resolved.
Object to the accounting. If a sale already closed, the price and terms surface in the trust accounting. A beneficiary can file objections under § 736.0813 and pursue remedies for a sale that was below value or tainted by self-dealing.
Seek removal. A pattern of self-interested or imprudent sales can support a petition to remove the trustee under § 736.0706.

In our experience, the strongest objections are grounded in something concrete — a competing appraisal, evidence of a buyer relationship, a sweetheart price, or a trust clause prohibiting the sale — not simply emotional attachment to a family home. Courts respect a trustee's good-faith business judgment; they do not respect self-dealing or imprudence.

Does a Trustee Need Court Approval to Sell in Florida?

Generally, no. Unlike a personal representative selling estate property, a trustee with statutory and instrument authority can sell without a court order. But court approval becomes strategically valuable — and sometimes essential — when:

The sale is likely to be contested, and the trustee wants protection from later surcharge claims;
The trust instrument prohibits or restricts the sale, and the trustee believes circumstances justify deviation;
The property is homestead with protected beneficiaries whose interests must be addressed;
The trustee proposes a transaction that touches self-dealing and needs validation.

A trustee who anticipates a fight should consider petitioning for instructions under § 736.0201 before closing. A court order authorizing the sale is, practically speaking, a shield: it is far harder for a beneficiary to undo a sale a judge already blessed. The cost of that petition is a legitimate trust administration expense.

Can a Trustee Sell Trust Property to Themselves?

This is the single most litigated issue we see in trust-sale disputes. The answer is: almost never safely. A sale by a trustee to themselves, a co-trustee, a spouse, a business partner, or another related party is a transaction "affected by a conflict between the trustee's fiduciary and personal interests" and is voidable under § 736.0802(2) — regardless of whether the price was fair. A beneficiary can move to set the sale aside even years later when it surfaces in an accounting.

There are narrow exceptions — for instance, where the transaction is authorized by the trust terms, approved by the court, or consented to by all affected beneficiaries after full disclosure. But the burden is on the trustee, and "the price was reasonable" is not, by itself, a defense. We have represented both beneficiaries unwinding insider sales and trustees who structured a buyout properly through full written disclosure and consent. The difference between the two outcomes is almost always documentation and transparency.

The Surcharge Action: Suing a Trustee Over a Sale

When a sale has already closed and a beneficiary believes the trust lost money, the remedy is typically a surcharge action — a claim that the trustee breached duty and must make the trust whole. Under § 736.1001, a court can compel the trustee to pay money to restore trust value, reduce or deny compensation, set aside the transaction, or remove the trustee. Common theories in Miami trust-sale surcharge cases include:

Sale below fair market value — breach of the duty of prudent administration (§ 736.0804) and loyalty (§ 736.0802). Damages are often the gap between the sale price and a credible competing appraisal.
Inadequate market exposure — a quiet, off-market "pocket" sale with no broker and no listing.
Self-dealing — voidable under § 736.0802(2).
Failure to inform — violation of the duty to keep qualified beneficiaries reasonably informed (§ 736.0813).
Selling property the trust directed the trustee to retain, or that was protected homestead.

Surcharge cases live and die on evidence: appraisals, listing histories, the identity of the buyer, the speed of the sale, and the paper trail of disclosures. A trustee who appraised the property, listed it openly, documented offers, and notified beneficiaries is in a strong defensive position. A trustee who did none of those things is exposed.

A Representative Miami Scenario (Illustrative)

The fact pattern below is a composite drawn from the types of trust-sale disputes we handle in South Florida. It is illustrative only and not a description of a specific client or guaranteed result.

A successor trustee — one of three adult children — takes control after a parent's death of a trust whose principal asset is a Coral Gables home. Within weeks, the trustee sells the home to a buyer who turns out to be a longtime business associate, with no listing and no appraisal, at a price two siblings believe is well below market. The siblings, as qualified beneficiaries, first demand records under § 736.0813, then obtain an independent appraisal showing a material shortfall. Because the buyer was an insider, the sale implicates § 736.0802(2). The path forward typically involves a demand, a petition under § 736.0201, and a surcharge claim under § 736.1001, with possible removal under § 736.0706. Many such disputes resolve through mediation — sometimes with the trustee restoring value to the trust or the property being re-marketed — because the self-dealing exposure is difficult to defend. The lesson runs both ways: beneficiaries should act quickly and gather objective valuation evidence, and trustees should never sell an insider-adjacent buyer without an appraisal, open marketing, and full written disclosure.

The Trustee's Checklist for a Defensible Sale

Confirm authority — read the trust for any clause restricting or directing the sale of the specific asset.
Obtain an independent appraisal from a licensed Florida appraiser before listing.
Market openly through a licensed broker with genuine MLS exposure.
Avoid insiders — do not sell to yourself or relatives without disclosure and consent or court approval.
Notify qualified beneficiaries in advance under the spirit of § 736.0813, with the appraisal and proposed terms.
Check homestead status — confirm whether the property carried homestead character and protected descent.
Document everything — appraisal, listing, offers, negotiations, disclosures, and closing papers.
Seek court instructions under § 736.0201 if the sale is likely to be contested.

Title and Conveyance in a Florida Trust Sale

When a trustee sells Florida real property, the deed is executed by the trustee in that capacity, identifying the grantor as "[Trustee Name], as Trustee of the [Trust Name], dated [date]." Title companies and buyers' counsel generally require proof of authority — the trust instrument or relevant excerpts, a trustee's certificate under § 736.1017, or a court order. The trustee's certificate is a practical tool: under § 736.1017, a person acting in reliance on it is protected as though it were accurate, which lets the trustee close without disclosing the entire trust. In a contested setting, however, a clean title path is no substitute for a defensible sale process — a buyer's title protection does not immunize the trustee from a surcharge claim by beneficiaries.

Revocable vs. Irrevocable Trust Sales

During the settlor's lifetime, a revocable living trust is fully controlled by the settlor, who can sell trust property freely and owes no fiduciary duty to remainder beneficiaries; no beneficiary notice is required. After the settlor's death, or in an irrevocable trust, the full fiduciary framework above applies — fair value, loyalty, prudence, and disclosure — and that is when most sale disputes are born.

Frequently Asked Questions

Can a beneficiary stop a trustee from selling property in Florida?

Not automatically. The trustee holds title and management authority, so an objection alone does not freeze a sale. A beneficiary can, however, petition the Miami-Dade Circuit Court under § 736.0201 — and seek a temporary injunction in urgent cases — or challenge the sale after the fact through accounting objections, a surcharge action, or a removal petition.

Does a Florida trustee need court approval to sell real estate?

Usually not. The power to sell is granted by § 736.0816(2) and the trust instrument. Court approval is optional but strategically wise when the sale is contested, the trust restricts the sale, homestead protections apply, or the transaction involves a conflict of interest.

Can a trustee sell trust property to themselves or a relative?

Rarely, and never safely without protection. Such a transaction is voidable under § 736.0802(2) even if the price is fair, unless authorized by the trust, approved by the court, or consented to by all affected beneficiaries after full disclosure.

What can I do if a trustee already sold the property for too little?

Demand the trust accounting and records under § 736.0813, obtain an independent appraisal, and pursue a surcharge action under § 736.1001 to recover the loss, with potential removal under § 736.0706. The trustee may be ordered to make the trust whole or have the transaction set aside.

Does selling a Florida homestead held in trust create special problems?

Yes. If the property carried homestead character, constitutional protections and the descent rules in § 732.4015 may restrict the trustee's ability to sell, especially where a surviving spouse or minor children have protected interests. Homestead status should always be confirmed before a sale.

Can a beneficiary buy the trust property instead of letting the trustee sell it?

Often, yes. A beneficiary who wants to keep a family home may purchase it from the trust at fair market value, or the trust terms may permit an in-kind distribution of the property as part of that beneficiary's share. These arrangements can resolve a dispute before it becomes litigation.

Speak With a Miami Trust Litigation Attorney

Whether you are a trustee preparing to sell trust real estate and want to do it defensibly, or a beneficiary who believes a sale was improper, the right move is to get ahead of the dispute. The Law Offices of Albert Goodwin, PA, located at 121 Alhambra Plaza, Suite 1000, Coral Gables, FL 33134, represents trustees and beneficiaries throughout Miami-Dade and South Florida in trust administration and trust and estate litigation. Call 786-522-1411 or email [email protected] to schedule a consultation.

About the Author

This page was prepared by the attorneys at the Law Offices of Albert Goodwin, PA. Albert Goodwin is an attorney whose practice concentrates on trust and estate litigation, including trustee and beneficiary disputes over the sale of trust property. The firm handles trust and probate litigation in the courts of South Florida, including the Probate Division of the Eleventh Judicial Circuit in Miami-Dade County. You can learn more about our firm or contact us to discuss your matter.

This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Trust law is fact-specific; consult a qualified Florida attorney about your particular situation.