The Short Answer

Florida’s Uniform Transfers to Minors Act (UTMA) allows a minor’s share of inherited property (including real estate sale proceeds) to be held and managed by a designated custodian for the child’s benefit. The key requirements are (1) making a valid UTMA transfer using the statute’s required titling/wording and (2) ensuring the custodian handles the funds under UTMA fiduciary standards—often with court authorization when the amount is over certain thresholds.

What Florida Law Says

In your scenario, the minor child cannot directly receive and control their share of the home sale proceeds. UTMA is one common way to hold that money for the minor without creating a full-blown trust, but it must be set up correctly and the custodian must manage the funds under statutory duties. When the transfer is being made by a fiduciary (for example, a personal representative in an estate administration), Florida law can require court authorization depending on the value being transferred.

The Statute

The primary law governing this issue is Fla. Stat. § 710.111.

This statute establishes how custodial property is created, including by recording real property (or transferring other property) into the custodian’s name followed by the required UTMA designation (“as custodian for [minor] under the Florida Uniform Transfers to Minors Act”) and by using a compliant written transfer instrument.

Two other UTMA provisions commonly control the “steps” and guardrails in practice:

• Fla. Stat. § 710.107 (transfer by fiduciary): allows a personal representative/trustee/conservator to make an irrevocable UTMA transfer if it is in the minor’s best interest, not inconsistent with governing documents, and court-authorized if it exceeds $10,000.
• Fla. Stat. § 710.114 (care of custodial property): requires the custodian to take control, properly title/segregate the custodial property, manage/invest it prudently, and keep records available for inspection.

Because your facts involve an out-of-state parent, an in-state property, multiple heirs, and a minor owner, the UTMA “papering” and the authority to transfer the minor’s share are often where deals get delayed or challenged—especially at closing.

If you want more background on options for holding funds temporarily or structuring distributions, you may also find these helpful: using a trust or escrow account to hold estate sale proceeds in Florida and delaying a minor beneficiary’s inheritance in Florida.

Why You Should Speak with an Attorney

While UTMA provides the general framework, applying it to a real estate sale involving a minor heir is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: real estate contracts, probate administration timelines, and closing requirements can move faster than court calendars—so if court authorization is needed (for example, under Fla. Stat. § 710.107 when the transfer exceeds $10,000), delays can jeopardize the deal.
• Burden of Proof: the custodian must be properly designated and the transfer must be correctly titled/documented under Fla. Stat. § 710.111; otherwise, a title company, buyer, or later family dispute may treat the transfer as defective.
• Exceptions: depending on how title is held, whether a probate estate is open, and who has legal authority to sign, UTMA may not be the only (or best) tool—sometimes a guardianship of the property, a court-supervised restricted account, or a different probate strategy is required.

Trying to handle this alone can lead to a failed closing, misdirected funds, or personal liability for whoever takes possession of the minor’s money without proper authority. A Florida probate attorney can coordinate the probate authority, the deed/closing requirements, and the UTMA custodianship so the sale proceeds are handled correctly and defensibly.

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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.