How can appointing a custodian under the Uniform Transfers to Minors Act help manage real property for a minor when a will doesn’t include proper trust language? - Florida

The Short Answer

In Florida, a UTMA custodianship can be a practical way to hold and manage a minor’s inherited real property (or the proceeds from it) when a will fails to set up a workable trust. It allows an adult custodian to take title and manage the property for the minor’s benefit, often avoiding (or reducing) the need for a more burdensome guardianship of the property—though court approval may still be required depending on value and circumstances.

What Florida Law Says

Minors generally cannot manage or convey real estate on their own, which creates a problem when a will leaves real property to a child but does not include trust language or a clear management structure. Florida’s Uniform Transfers to Minors Act (UTMA) provides a statutory framework to place property under the control of a custodian, who then has authority to manage it for the minor until the custodianship ends under the Act.

The Statute

The primary law governing this issue is Fla. Stat. § 710.107.

This statute allows a personal representative (or trustee) to make an irrevocable transfer to an adult or trust company as custodian for a minor under Florida UTMA even when there is no will, or when the will/trust does not authorize such a transfer—so long as it is in the minor’s best interest, not inconsistent with the governing instrument, and (if the transfer exceeds $10,000 in value) authorized by the court.

For real estate specifically, Florida UTMA also recognizes that a custodial transfer can be accomplished by recording the real property interest in the custodian’s name in UTMA form. See Fla. Stat. § 710.111(1)(e).

If the will does authorize a UTMA transfer (or names a custodian), Florida also addresses that scenario. See Fla. Stat. § 710.106.

Why You Should Speak with an Attorney

While UTMA can be a clean solution on paper, using it for inherited real property in an active probate estate can raise issues that can derail a closing, trigger court involvement, or create future disputes. Legal outcomes often depend on:

Strict Deadlines and Court Approval Triggers: Under Fla. Stat. § 710.107(3)(c), a fiduciary transfer exceeding $10,000 generally requires court authorization—often a key issue when the “property” is a house or land.
Burden of Proof (Best Interest): The personal representative must be able to justify that the UTMA structure is in the minor’s best interest (for example, how expenses, taxes, insurance, maintenance, and any rental income will be handled) under Fla. Stat. § 710.107(3)(a).
Exceptions and Document/Title Problems: The transfer must not be prohibited by or inconsistent with the will’s terms under Fla. Stat. § 710.107(3)(b), and the deed/title language must match UTMA requirements (a common point of rejection for lenders, title insurers, or clerks if done incorrectly).

In practice, the “right” solution may be UTMA, a guardianship of the property, a court-restricted depository arrangement, or a corrective estate planning/probate strategy—depending on the asset, the family situation, and whether the property needs to be sold. An attorney can evaluate which option protects the minor while keeping the estate administration on track.

For more context on alternatives, see: Can I delay a minor beneficiary’s inheritance until age 18 in Florida to avoid a guardianship or supervised account? and How Do I Get a Guardian or Guardian ad Litem Appointed for a Minor’s Inheritance in Florida?.

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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.