How to Sell Delaware Trust-Owned Land in 2026: A Step-by-Step Guide

Delaware may be one of the smallest states, but its land market carries outsized importance—especially when that land is held in a trust. From coastal parcels in Sussex County to working farmland in Kent and New Castle, trust-owned land can represent a major family asset. The key is knowing how to sell it correctly while meeting your legal duties as a trustee and protecting beneficiary interests.

Context matters when you set pricing and expectations. Delaware’s agricultural footprint remains significant: Delaware has just over 2,150 farms covering more than 522,000 acres, according to the Delaware Council on Farm & Food Policy, Farm to Family Strategy. That same report notes the number of farms in Delaware decreased by 6% since 2017, and the average age of Delaware farmers is nearly 59 years—signals that succession, estate planning, and trust-held land sales are increasingly common reasons to bring property to market (Delaware Council on Farm & Food Policy, Farm to Family Strategy).

At the same time, agriculture remains a major economic engine. Agriculture contributes roughly $8 billion annually to Delaware's economy, according to the University of Delaware Cooperative Extension. The same source reports that about 40% of Delaware's land is farmland with approximately 2,300 farms, the average farm in Delaware is approximately 200 acres, and over 90% of Delaware farms are family-owned (University of Delaware Cooperative Extension). Those facts help explain why many Delaware land sales involve family decision-making, inherited parcels, and trust administration.

National land-value trends also shape buyer demand and appraisal baselines. In 2024, the United States cropland value averaged $5,830 per acre, up 4.7% from the previous year, according to USDA NASS, Land Values 2021 Summary (published 08/01/2025 covering 2024 data). Meanwhile, total land in U.S. farms was 876,460,000 acres in 2024, down 2,100,000 acres from 2023, and the average U.S. farm size was 466 acres in 2024, per USDA NASS, Farms and Land in Farms 2024 Summary. These national benchmarks can influence everything from cap rates to investor appetite—especially for Delaware parcels near development corridors or coastal demand.

Land Trusts in Delaware: What They Are and Why They Affect a Sale

A trust holds title to the land and directs how the trustee must manage or sell it for the benefit of the beneficiaries. When you sell land that’s held in a trust, you are not simply selling “your” property—you are carrying out a fiduciary role under the trust terms and applicable Delaware law.

Most trust-held land in Delaware falls into one of these categories:

1. Revocable trusts: The grantor typically retains control and can amend or revoke the trust during life.
2. Irrevocable trusts: The trust is harder to change, and sales often require stricter compliance steps (sometimes including court involvement, depending on the situation).
3. Conservation-focused arrangements: These may include conservation trusts or properties encumbered by conservation restrictions, easements, or related limitations.

Identifying the trust type—and any restrictions attached to the land—determines what approvals you need, what disclosures are required, and how quickly you can close.

How to Sell Delaware Land in a Trust: Step-by-Step

1) Review the Trust Document (Your Rulebook)

Start by reading the trust document carefully. Look for language that addresses:

• The trustee’s authority to sell real property
• Whether the trust requires beneficiary consent, co-trustee consent, or notices
• Limits on price, timing, or acceptable buyers
• Distribution rules for sale proceeds

If the terms are unclear, consult a Delaware attorney who routinely handles trust administration and real estate transactions.

2) Confirm Trustee Authority and Signing Power

Before you market the property, confirm you have legal authority to act. That typically includes:

• Verifying you are the current trustee (and that any successor trustee appointment is valid)
• Confirming whether a certificate of trust or similar summary document is needed for third parties
• Checking if court approval is required based on the trust type, the beneficiaries involved, or the trust’s restrictions

3) Establish a Defensible Value (Appraisal + Local Market Support)

Trustees have a duty to act prudently. A qualified appraisal from a professional who understands Delaware land (farmland, timber, recreational, infill, or coastal parcels) helps you:

• Set an accurate listing price
• Document that you acted in the beneficiaries’ best interests
• Reduce disputes over whether the property sold for fair value

It also helps to compare the property to broader market signals. For example, national cropland value averaged $5,830 per acre in 2024 (up 4.7% year over year), according to USDA NASS, Land Values 2021 Summary (published 08/01/2025 covering 2024 data). While Delaware pricing varies widely by location and permitted use, credible benchmarks support your pricing narrative.

4) Prepare the Property for Due Diligence

Vacant land still needs “show-ready” preparation—especially when buyers want clean documentation. Assemble and address:

• Surveys, legal description, and clearly marked boundaries
• Zoning designation, allowable uses, and any special overlays
• Soil tests, septic feasibility (if relevant), and access documentation
• Recorded easements, conservation restrictions, or right-of-way issues
• Liens, delinquent taxes, or title defects

5) Choose a Sales Strategy: Open Market vs. Direct Sale

You generally have two paths:

• Traditional listing (often higher exposure and potentially higher price): List on major platforms, use professional photos/maps, and consider a land-focused agent.
• Direct-to-buyer sale (speed and simplicity): Work with a land-buying company if the trust needs a faster close, the parcel is hard to finance, or beneficiaries prefer certainty.

Land can take longer to sell than a house. Your timeline will depend on zoning, access, perc status, and the type of buyers your parcel attracts.

6) Evaluate Offers Like a Fiduciary

Price matters, but fiduciary review goes beyond the top-line number. Compare:

• Proof of funds or financing strength
• Inspection periods and contingencies
• Closing timeline
• Special requests (seller financing, subdividing, rezoning contingencies, etc.)

A “clean” offer with fewer contingencies can be worth more to a trust than a higher offer with long due diligence and uncertain closing.

7) Obtain Required Approvals (Beneficiaries, Co-Trustees, or Court)

Some trust sales require documented consent or formal approvals. Follow the trust terms precisely. When necessary, obtain:

• Written beneficiary consent or waivers
• Co-trustee approval and proper trustee resolutions
• Court approval (more common in certain irrevocable trust situations or disputes)

8) Close the Sale Properly (Title, Deed, and Funds Flow)

Use a reputable title company or closing attorney. Typical steps include:

• Title search and resolution of clouds on title
• Execution of the deed by the trustee in the correct legal capacity
• Settlement statement review for accuracy
• Secure transfer of proceeds to the trust (not to individuals)

9) Handle Post-Sale Trust Administration

After closing, the trustee still has work to do. Complete:

• Distribution of proceeds according to the trust
• Recordkeeping for beneficiaries and tax reporting
• Tax filings for the trust and any required statements

Delaware-Specific Considerations That Can Affect Land Sales

Delaware land can come with regulatory and practical constraints that change valuation and buyer demand. Depending on the parcel, pay special attention to:

• Coastal and environmental restrictions, especially near shorelines, wetlands, or protected areas
• Farmland-related limitations such as preservation districts or use restrictions
• Family ownership dynamics: With over 90% of Delaware farms being family-owned, per the University of Delaware Cooperative Extension, beneficiary alignment and communication often determine whether a sale moves smoothly or stalls

These issues are also why documentation matters. Delaware’s agricultural footprint—about 40% of the state’s land being farmland with approximately 2,300 farms—creates strong competition for well-documented parcels and can amplify the consequences of unclear access, boundary disputes, or incomplete due diligence (University of Delaware Cooperative Extension).

A Faster Option: Selling Trust-Owned Land Directly for Cash

Some trustees prioritize speed, simplicity, and certainty—especially when beneficiaries want to settle an estate, avoid ongoing holding costs, or resolve disagreements. A direct land buyer can reduce marketing time and eliminate many financing-related delays.

If you’re exploring that route, you can review Delaware-specific information here: Selling land in Delaware.

Final Thoughts

Selling Delaware land held in a trust is absolutely doable, but the process demands structure: confirm trustee authority, document value, prepare the parcel for due diligence, and follow the trust’s approval and distribution rules. Delaware’s farmland presence—just over 2,150 farms covering more than 522,000 acres—and the reality that farms have decreased by 6% since 2017 underscore why many families are making transition decisions now (Delaware Council on Farm & Food Policy, Farm to Family Strategy). Combine that with an average farmer age of nearly 59 years, and trust-related sales and succession planning are likely to remain common across the state (Delaware Council on Farm & Food Policy, Farm to Family Strategy).

Whether you choose a traditional listing or a direct sale, your north star stays the same: comply with the trust, act in the beneficiaries’ best interests, and document every major decision. For more on Delaware land sales, see: Selling Delaware land.