Florida Land Trusts: The Smartest Way to Own Real Estate in Florida

Florida Real Estate · Privately Titled

Florida Land Trusts, the quiet standard for serious property ownership.

Privacy of ownership. Probate avoided on real property. Homestead protection preserved. One powerful legal structure, trusted by sophisticated Florida owners and investors.

§ 689.071 Florida Statute Authority
30 Days Typical Execution
Flat Fee No Hourly Surprises
Statute-Based § 689.071 authority Florida, one of only two states with a dedicated Land Trust statute.
Private Your name off the record Only the trustee appears in public county filings.
Flat-Fee Engagements Transparent, fixed pricing Investment defined before we begin. Always.
Attorney-Led Every matter, reviewed Florida counsel signs off on every document we deliver.
The Structure

What is a Florida Land Trust?

A purpose-built legal instrument created under Florida Statute § 689.071. It lets you own real estate while keeping your personal identity completely private from the public record.

A trustee, typically an experienced attorney or trusted professional, holds legal title to the property. You, as the beneficiary, retain full equitable ownership and complete control through a private document called the power of direction. The public only ever sees the trustee’s name on the deed and in county records.

You enjoy every benefit of ownership: use, rental income, appreciation, tax deductions, and homestead protection. Your name does not appear anywhere in the chain of title.

This is not a generic trust. Florida is one of only two states with a dedicated Land Trust statute, delivering specific, load-bearing protections that simply don’t exist in most other jurisdictions.

The bottom line. You keep the control, the income, and the tax posture of direct ownership. The public record keeps the trustee. That is the whole design.

The Case For

Ten reasons sophisticated owners choose a Florida Land Trust.

Florida’s leading real estate and estate planning attorneys consistently recommend Land Trusts for the same reasons we do.

Benefit 01

Complete privacy and anonymity.

Your name never appears in public property records. Only the trustee is recorded. Shields you from nosy neighbors, competitors, potential litigants, identity theft, and unwanted scrutiny of your real estate holdings. Ideal for high-net-worth individuals, professionals, and investors who value discretion.

Benefit 02

Probate, avoided entirely.

When you pass away, the property does not enter Florida probate, or ancillary probate if you live out of state. Your beneficial interest transfers directly and privately to your named successor beneficiaries. Quick, confidential, and without the 3 to 10 percent of an estate that probate can consume.

Benefit 03

Lightning-fast, low-cost transfers.

Transfer your ownership interest with a single one-page assignment. No new deed. No recording fees. No public filing. Ideal for investors, gifting to family, bringing in partners, or selling your interest privately.

Benefit 04

Homestead protection, preserved.

Unlike holding property in an LLC, which often disqualifies you, a properly structured Florida Land Trust maintains your homestead exemption, including Florida’s unlimited equity protection from most creditors on your primary residence. Florida law explicitly protects the principal residence of a land trust beneficiary.

Benefit 05

Insulation from co-owner disputes.

No forced partition sales. One owner cannot drag the others into court to force a sale. A judgment or bankruptcy against one beneficiary does not attach to the real estate title or affect other owners’ interests. Ideal for family compounds, vacation homes, and investment partnerships.

Benefit 06

Simplified management with partners.

Only the trustee signs documents that affect legal title. You and your co-beneficiaries retain full private control through the trust agreement. Built-in buy-sell provisions and dispute-resolution mechanisms keep everything running smoothly.

Benefit 07

Powerful layered asset protection.

A Land Trust alone is not a complete shield, but the insulation is significant. Judgments are much harder to discover and enforce, the real estate is shielded from many personal liabilities, and the structure pairs cleanly with an LLC or Florida Asset Protection Trust for maximum security.

Benefit 08

Tax and financing advantages.

Pass-through taxation as a grantor trust, so deductions, depreciation, and capital gains flow directly to you. Often avoids triggering due-on-sale clauses in existing mortgages. Supports non-recourse financing structures in many cases. No separate tax return typically required.

Benefit 09

Estate planning and continuity.

Name successor beneficiaries in advance, plan for incapacity or disability, and ensure the trust continues seamlessly even if a beneficiary passes away. No court supervision, no delays.

Benefit 10

Cost-effective and low-maintenance.

No annual fees, no registered agent requirements, no ongoing state filings, unlike LLCs. The private trust agreement is never recorded, keeping costs and administrative burden minimal.

The Comparison

Land Trust or LLC?

A side-by-side read for sophisticated Florida owners, by category.

Feature Florida Land Trust LLC Winner
Privacy Excellent. Name hidden. Poor. Members often public. Land Trust
Homestead protection Yes Usually disqualified Land Trust
Probate avoidance Excellent Good, with extra planning Land Trust
Ease of transfer One-page assignment New deed and filings Land Trust
Asset protection Good. Strong when layered. Excellent LLC
Multiple owners Excellent Good Land Trust
Ongoing costs Very low Annual fees and reports Land Trust
The blueprint most serious owners use: an LLC as beneficiary of the Land Trust. Maximum privacy, maximum protection, a single coherent structure.
How It Works

Blueprint to execution, in four steps.

A specified, predictable engagement. You see the sequence before you sign the engagement letter.

Direction

We draft a customized Land Trust Agreement and Deed in Trust tailored to your exact goals and situation.

Title Transfer

The deed is recorded in the trustee’s name only. Your identity stays off the public record, from day one.

Control

You direct the trustee through the private power of direction. Nothing happens without your authorization.

Execution & Care

Privacy, protection, flexibility, homestead rights, fully compliant with Florida Statute § 689.071.

Who It’s For

Who benefits most from a Florida Land Trust.

If you recognize yourself in one of these profiles, a Land Trust is almost certainly on your critical path.

Real estate investors and wholesalers who need title privacy

Owners of vacation homes and multi-generational family compounds

High-net-worth individuals and licensed professionals

Out-of-state owners avoiding ancillary Florida probate

Anyone planning efficient, private transfers to heirs

Partnerships and syndications that need clean, centralized title

Told Straight

Important truths, delivered without the marketing gloss.

A Florida Land Trust is a powerful tool for privacy, probate avoidance, and ease of ownership. It is not a complete standalone asset-protection vehicle. Your beneficial interest, which is personal property, can still be reached by your personal creditors in certain situations.

That is why the smartest clients combine it with LLCs or dedicated Asset Protection Trusts. We design the optimal layered structure specifically for your goals and your risk profile. No hand-waving, no boilerplate.

Why Wealth Counsel

Attorney-led counsel, built for modern Florida owners.

Most firms either lack deep Land Trust experience or charge premium rates for commodity documents. We do neither.

Discipline 01 · Expertise

Florida-specific by design.

Statute § 689.071 is our specialty, not an afterthought.

Discipline 02 · Precision

AI-tailored, attorney-reviewed.

Every clause customized to your situation, then reviewed clause-by-clause by Florida counsel.

Discipline 03 · Transparency

Flat-fee engagements.

No hourly surprises. You know the investment before we begin.

Discipline 04 · Schedule

Delivered on time.

Typical 30-day execution, often same-day drafts for the pace of serious investors.

Questions, Answered

Frequently asked questions.

The questions our clients consistently ask before they sign. Direct answers, same as we would give in person.

Does a Florida Land Trust fully protect my assets from lawsuits?
It provides excellent privacy and meaningful insulation, but for maximum protection we recommend layering it with an LLC or Asset Protection Trust. We design the complete structure as a single coherent package.
Can I still claim the homestead exemption?
Yes. Florida law specifically allows beneficiaries of properly structured land trusts to claim homestead protection on their primary residence, with the full equity shield Florida is known for.
How much does it cost?
Far less than most people expect, and dramatically less than the cost of probate or lost privacy. Flat-fee pricing and packages published in advance. No hourly surprises.
Can I use a Land Trust for investment properties or rentals?
Absolutely. It is one of the most popular tools among serious Florida real estate investors precisely because it combines privacy, cheap transfers, and clean title in one structure.
What if I already own property in my personal name?
We can transfer it into a Land Trust, with proper coordination if there is an existing mortgage. We handle the lender conversation and the recording sequence so nothing slips.
How long does the whole engagement take?
Typical end-to-end execution is 30 days or less from signed engagement letter to recorded deed. Urgent matters often complete faster. We set the date before we start.
Begin the Engagement

Take private control of your Florida real estate.

Stop exposing your name, your wealth, and your family to unnecessary risk and public scrutiny. Get your personalized Florida Land Trust strategy this week.

Attorney-led Flat-fee 30-day typical execution
Attorney Advertising · Prior results do not guarantee a similar outcome. This page is informational only and does not create an attorney-client relationship. Wealth Counsel Law Group, P.A. is a Florida-admitted practice; interstate matters are handled in coordination with licensed counsel in the relevant jurisdiction. Please contact our intake team to discuss your specific situation.