Missing Trust Documents in Palm Beach County: What To Do When the Attorney Is Deceased

Missing Trust Documents in Palm Beach County: How Estate Sales Still Close When the Paperwork Is Gone

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If a property is held in a trust and the trust paperwork can’t be located—especially when the drafting attorney is deceased or retired—an estate sale can stall fast. Title companies need proof of authority to insure the sale, and lenders won’t fund without title insurance.

Why Title Companies Require the Trust Document

To close a trust-owned property, the title company generally needs to confirm:

The trust exists and was properly created
The home was properly deeded into the trust
The trustee signing has authority to sell
There are no competing trustees/beneficiaries who could dispute the transfer

What to Do When the Trust Paperwork Is Missing

If the signed trust document can’t be found, an estate attorney may be able to help by building a package that supports trustee authority, such as:

Recorded deed history showing transfer into the trust
Property tax records demonstrating continuity
Affidavits from knowledgeable parties
Trust certification or attorney-prepared reconstruction accepted by title

The goal is to provide enough verified documentation for the title company to feel comfortable issuing title insurance.

Timing Matters

If you’re selling a trust-owned property, don’t wait until the last week before closing to locate documents. The earlier you identify the problem, the more options you’ll have to solve it without delaying your sale.

If you need help navigating an estate sale in Palm Beach County, call/text Brian Wilder at 561-201-4717.

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