A missing trust file can raise questions about who may sign a deed and what the title insurer will require. Here is my previously published Delray Beach account, followed by current guidance on getting the right professionals involved.
My earlier account described a condo held in a 2008 trust, missing documents discovered three weeks before a planned closing, and a closing reported 32 days later after attorney and title-company review. Those are historical details of that account, not a promised timetable or a method for establishing authority in another sale. Ask Florida counsel and the title company to assess the exact trust, ownership and missing documents early.
A trust-owned condo sale can involve several separate questions: who owns the property, who currently has authority to act, what the trust permits, and what documents the closing parties require. A family's understanding of those answers is a starting point for the professional review, not a substitute for it. My role as the real estate agent is to coordinate the sale process; legal conclusions belong with Florida counsel and the title professionals.
In the account previously published on this page, I described listing a Delray Beach condo for a family dealing with an estate. I reported that the father had placed the condo in a living trust in 2008, naming his daughter as trustee, and had since died.
I described the title company requesting the trust documents three weeks before the planned closing. The documents could not be located; the drafting attorney had retired, and the account said the files had been destroyed. The unresolved documentation interrupted the closing process.
The account described working with an estate attorney and providing the title company with:
- A recorded deed described as transferring the property into the trust in 2008.
- Fifteen years of Palm Beach County tax records.
- Family affidavits.
- A trust certification prepared with legal assistance.
I reported that the title company accepted the package and that the transaction closed 32 days later. These figures and the outcome are retained as my historical reported experience. This update does not independently verify the underlying client file, establish a transaction date, or determine which document resolved a legal issue. They are not evidence that tax records or affidavits alone establish a trustee's authority, and another transaction may require different documents or court involvement.
Why Authority and Title Review Need Separate Attention
Before relying on a proposed signature, have counsel and the title company determine the actual owner, the currently acting trustee or other authorized representative, and the requirements for the proposed transfer. A trustee and a probate personal representative are different roles; an estate-related sale does not establish which role applies.
Florida Statutes section 736.1017 allows a trustee to furnish a certification instead of the full instrument to a nonbeneficiary. It specifies required information and permits authentication by a trustee. The recipient may request relevant excerpts identifying the trustee and powers. A certification is not permission to invent missing terms or sign statements that cannot be supported.
The statute does not impose a universal attorney-preparation requirement. With missing documents or disputed authority, obtain Florida legal advice about what can accurately be certified and what further evidence or proceedings are needed. Do not assume a certification automatically resolves a lost trust file.
Title insurance also involves the insurer's requirements and policy terms. Discuss unresolved issues with the title professionals and any lender. Paying cash does not establish legal authority to convey the property or remove the buyer's ownership risk.
Start With the Actual Records and the Right Questions
Ask the person handling the trust or estate to locate the trust instrument, amendments, restatements and documents concerning the current trustee. Counsel can explain what is needed and who may properly request or disclose it. Preserve the originals and copies you find rather than changing or recreating paperwork yourself.
The Palm Beach County Clerk's Official Records are the source for recorded deeds and other recorded instruments. Property Appraiser and tax records can help locate property information, but they do not by themselves establish all trust terms, beneficiary rights or a trustee's power to sell. A recorded deed and a complete authority review answer different questions.
Ask about a successor law firm or other lawful source of the file if the drafting lawyer is unavailable. Relevant probate records may also exist, but a trust instrument is not necessarily filed in probate court and access to court documents may be restricted. The Clerk's probate guidance explains the distinction between probate administration and trust proceedings. Let counsel determine whether a court process is necessary.
Before Listing or While Under Contract
- Raise the issue early: tell your Florida attorney and proposed title company what is missing, who holds the property and who proposes to sign. Ask for their document requirements before building a firm sale timeline.
- Get a clear review plan: identify who is gathering records, who is evaluating legal authority and what remains unresolved. An agent can coordinate communication without deciding the legal sufficiency of the documents.
- Protect contractual deadlines: if already under contract, ask counsel and the closing professionals about notices, conditions and any written extension. Do not assume the buyer must wait or that the closing date extends automatically.
- Keep financial expectations separate: the historical 32-day outcome is not a budget or timing guarantee. Discuss carrying costs, insurance, association payments and a backup plan if the transaction takes longer.
Property preparation is another separate task; our pre-listing inspection guide can help frame condition questions, without resolving trust or title issues.
A condo sale has association-document requirements in addition to trust and title questions. Under section 718.503, the applicable resale disclosures include governing and financial documents and specified inspection or reserve-study information when required. Counsel and the closing team should track delivery and contractual review rights separately; resolving trust authority does not satisfy the condo document obligations.
Our Seller Guide can help organize the broader sale process. A property valuation addresses pricing, while the legal and title review determines what the transaction requires.
Frequently Asked Questions
Does a trust certification automatically replace every missing trust document?+
Must an attorney prepare every Florida trust certification?+
Do tax records or family affidavits prove that someone can sell?+
Does a cash buyer solve a missing-authority problem?+
Was 32 days a standard timeline or a guarantee?+
Are trust documents the only records needed for an estate condo sale?+
Buying After the Estate Sale?
If your next purchase depends on this sale, discuss the timing, proceeds and contingencies with your lender and advisers before committing to dates. A potential sale price does not resolve authority, closing costs or the timing of available funds.
Coordinating a Delray Beach or Palm Beach County Estate Sale?
Bring Brian your real estate questions and the timing you need to coordinate. Legal authority and title requirements should be addressed by Florida counsel and the title professionals, alongside the listing and sale plan.
Brian Wilder: 561-201-4717. Lucy Lopez: 561-285-8809.
Watch the original accompanying video. The current written legal overview was checked October 28, 2026; a historical account or video is not legal advice.
Call Brian: 561-201-4717 Explore the Buyer Guide Explore the Seller Guide Book a Discovery CallBrian Wilder
Wilder Real Estate Group at Keller Williams Realty
1,500+ homes sold. Investing in Palm Beach County real estate since 1996, licensed agent since 1998
561-201-4717
Lucy Lopez: 561-285-8809
Brian@WilderREG.com
Historical case details are attributed to Brian's previously published account, not independently reverified client records. The account does not establish a transaction date or a timetable for another sale. General legal information checked October 28, 2026 using Florida Statutes and official Clerk/DFS guidance. Obtain advice for the specific trust, estate and transaction; no approach or outcome is guaranteed. Equal Housing Opportunity.