The Short Answer

In Florida, a remainder beneficiary generally can sell once the life estate has ended (most commonly, when the life tenant dies) and marketable title can be shown in the remainder beneficiary’s name. In practice, that often means confirming who legally owns the property after the life tenant’s death and clearing any title, homestead, or probate issues that would prevent a clean closing.

What Florida Law Says

A life estate is a present right to use/possess property for the life tenant’s lifetime, while the remainder beneficiary holds the future interest that becomes possessory when the life estate ends. Even when the remainder is “vested,” selling real estate usually requires clear record title and confirmation that no other interests (like additional heirs, creditor claims, or homestead restrictions) affect the property.

The Statute

The primary law governing how Florida determines the validity and effect of a disposition of Florida real property is Fla. Stat. § 731.1055.

This statute establishes that Florida law controls the validity and effect of a testate or intestate disposition of real property located in Florida—meaning Florida rules govern who owns the property and what must be done to convey it after a life estate ends.

Related reading: If multiple family members are involved after the life estate ends, disputes about possession versus sale are common—see When Are Taxes Due After Selling Inherited Real Estate in Florida, and Who Pays Them?.

Why You Should Speak with an Attorney

While the general rule is straightforward, selling after a life estate ends can get complicated quickly—especially if the deed language is unclear, multiple remainder beneficiaries exist, or the property may qualify as protected homestead. Legal outcomes often depend on:

• Strict Deadlines: If the property is being handled through an estate administration, timing can affect creditor issues and the ability to deliver insurable title. Also, certain title-curing protections can depend on how long a deed has been of record (for example, see Fla. Stat. § 95.22).
• Burden of Proof: A buyer and title insurer typically require proof the life estate actually terminated (e.g., death documentation) and proof that the remainder interest vested in the correct person(s) under the deed, trust, or estate documents.
• Exceptions: If the property is Florida homestead, special constitutional/statutory rules can override what a will or plan attempted to do, and that can change who must sign to sell or whether a court determination is needed.

Trying to handle this alone can lead to a failed closing, a title defect that blocks the sale, or disputes among family members that escalate into litigation. A Florida probate attorney can review the deed/trust, confirm who must sign, and coordinate with the title company so you can sell with confidence.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.