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Updated 6 months ago, 07/23/2024
Must an interest in a DST go through probate in Florida if it is not held in a trust?
Is an interest in a DST (Delaware Statutory Trust) considered real estate ownership or a security in Florida? If it is considered real estate ownership in Florida, I am told that it must pass through probate unless it is held in a living trust. If it is considered a security in Florida, I'm told that a Transfer on Death document can be recorded in the land records of the jurisdiction where the DST property is located to ensure that the interest will not pass through probate even if it is not held in a living trust.