Trust administration after the grantor dies in Florida is the process by which the successor trustee gathers the trust’s assets, pays the decedent’s debts and taxes, and distributes what remains to the beneficiaries named in the trust. It is governed primarily by the Florida Trust Code, Chapter 736 of the Florida Statutes, and it usually happens outside the probate court — though not entirely outside the reach of creditors or unhappy heirs. In a blended family, where a surviving second spouse and children from a prior marriage often have competing expectations, this is precisely where a quiet estate plan can turn loud.
If you have just been named successor trustee for a parent, a spouse, or a friend, you are now a fiduciary. That word carries weight. Below is what the job actually involves in Florida, in roughly the order you will face it, with the second-marriage landmines flagged along the way.
What “Trust Administration” Means and Why It Skips Probate
A revocable living trust is the most common vehicle used here in South Florida. While the grantor (also called the settlor) is alive, they typically serve as their own trustee and can change or revoke the trust at will. At death, two things happen at once: the trust becomes irrevocable, and the person named as successor trustee steps into control.
Because legal title to the assets sits in the name of the trust — not the individual — those assets do not pass through the probate court the way a will’s assets do. That is the whole point of the structure. A properly funded trust lets the family avoid the delay, expense, and public record of formal probate under Florida probate proceedings.
The catch is the word properly funded. If the grantor signed a beautiful trust but left the Boca Raton condo titled in their own name, that asset is not in the trust, and you may still need a probate to bring it in. Reviewing how each asset is titled is one of the first things a successor trustee should do.
The First 60 Days: The Notice of Trust and Beneficiary Disclosure
Florida imposes two early notice obligations that trip up do-it-yourself trustees constantly.
First, under Florida Statutes § 736.05055, the trustee of a trust that becomes irrevocable at death must file a Notice of Trust with the clerk of court in the county where the grantor lived. This short document tells the world — and any creditors — that the trust exists and identifies the trustee. It is filed in the same court that would handle probate, even when no probate is opened.
Second, under § 736.0813, the trustee must keep the qualified beneficiaries reasonably informed. Within 60 days of accepting the trusteeship, you must notify the qualified beneficiaries of the trust’s existence, your identity and contact information, and their right to request a copy of the trust instrument and relevant information about its assets.
That second duty is where blended families get tense. “Qualified beneficiaries” can include the children from the first marriage even when the surviving second spouse is the primary beneficiary. If the trust uses a marital structure — say, a QTIP-style arrangement giving the surviving spouse income for life with the remainder going to the grantor’s children — those remainder children are entitled to information now, not decades from now when the second spouse dies. Cutting them out of the loop is the single fastest way to invite litigation.
The Successor Trustee’s Core Duties Under the Florida Trust Code
Once you have accepted the role and sent the notices, the substantive work begins. A Florida successor trustee generally must:
- Take control of and inventory the assets. Locate bank and brokerage accounts, real property, business interests, and personal property titled in the trust’s name. Re-register accounts into the trust’s name with you as trustee.
- Secure and value the property. Obtain date-of-death valuations and appraisals, especially for real estate and closely held business interests. Keep insurance current on homes and vehicles.
- Administer impartially. Under § 736.0803, when there are two or more beneficiaries, the trustee must act impartially among them. The income beneficiary (often the surviving spouse) and the remainder beneficiaries (often the children) have genuinely opposite interests, and you cannot favor the one you happen to like.
- Keep assets separate and prudent. Never commingle trust funds with your own. Invest under the Florida Prudent Investor Rule (§ 518.11 and § 736.0901 et seq.).
- Pay debts, expenses, and taxes. This includes the decedent’s final income tax return, any federal estate tax return if the estate is large enough, and ongoing trust income tax returns (Form 1041).
- Account to the beneficiaries. Provide a trust accounting that meets the standards of § 736.08135 — showing receipts, disbursements, gains, losses, and compensation.
- Distribute and close. Once debts and taxes are settled, distribute the remaining assets per the trust’s terms and obtain releases.
Throughout, you owe undivided loyalty to the beneficiaries (§ 736.0802) and a duty to administer the trust in good faith and in accordance with its terms (§ 736.0801). These are not aspirational. A breach can make you personally liable.
Creditors, the Decedent’s Debts, and the Two-Year Window
People assume a trust shields assets from the deceased’s creditors. In Florida, that is only partly true. The assets of a revocable trust remain liable for the grantor’s debts and the expenses of administration after death, under § 736.05053. A trustee who distributes everything to the beneficiaries before legitimate debts are paid can be left holding the bag personally.
If no probate estate is opened, creditors generally have up to two years from the date of death to bring claims, mirroring the limitations period in the probate code. Many trustees choose to open a short probate purely to start the shorter creditor claim period and cut off late claims faster. Whether that move makes sense depends on the size and nature of the debts — a question worth raising with counsel before you pay anyone.
Where Blended Families Break: Marital Trusts and the Elective Share
This site focuses on second marriages for a reason. The most contested trust administrations in Palm Beach County are not the ones with confusing language — they are the ones where a surviving second spouse and the grantor’s adult children both believe the estate is “theirs.”
Two Florida concepts dominate here.
The Elective Share
Florida gives a surviving spouse a statutory right to roughly 30% of the deceased spouse’s “elective estate” under §§ 732.201–732.2155 — and, critically, that elective estate includes assets held in a revocable trust. A grantor cannot disinherit a spouse simply by funneling everything into a trust for the kids. If the second spouse feels shortchanged, the elective share is the lever they pull, and the trustee is the one who must fund it. Knowing the elective estate’s size early prevents distributions that later have to be clawed back.
Homestead
The Boca Raton residence is rarely just an asset; it is homestead, and Florida’s constitutional homestead protections can override the trust’s plain language. If minor children exist, or if the homestead was not properly devised, the surviving spouse may receive a life estate or a statutory one-half interest regardless of what the trust says. Homestead is its own specialty. For grantors planning ahead, tools such as a properly drafted illustrate how lawyers structure home transfers to balance a spouse’s right to live there against the children’s right to eventually inherit — though the mechanics differ by state, and Florida homestead rules are uniquely strict.
A trustee caught between a second spouse claiming the elective share and homestead, and stepchildren claiming the trust corpus, should not pick a side informally. The safer path is often a court determination or a mediated settlement, documented and approved, so the trustee is protected from later attack.
Special-Needs and Income Beneficiaries
Blended families frequently include a beneficiary who relies on means-tested government benefits, and a poorly handled distribution can disqualify them overnight. If the trust directs assets to such a person outright, the trustee may need to coordinate planning before distributing. Specialized vehicles exist for exactly this problem; for example, attorneys often discuss a as one way to preserve benefits while still putting funds to use for the beneficiary’s care. Again, the benefit rules are federal but the implementation is state-specific, so confirm the Florida approach before acting.
How Long Does Florida Trust Administration Take?
A clean, fully funded trust with cooperative beneficiaries and no estate tax return can often be administered in six to twelve months. Add a federal estate tax filing, contested real estate, a business to sell, or a second-spouse dispute, and it can stretch well past two years. The creditor period, tax deadlines, and the simple logistics of selling Florida real estate are usually the rate-limiting steps — not the paperwork itself.
Should a Trustee Hire an Attorney?
You are allowed to administer a trust yourself. Whether you should is a different question. The trustee is personally liable for missteps, and the people most likely to sue are family members who already feel slighted. A trustee who retains counsel shifts technical risk, gets the notices and accountings right, and — just as importantly — gains a buffer between themselves and the relatives across the table.
Our firm handles Florida with particular attention to second-marriage dynamics, and works alongside our colleagues’ broader trust and estate practice. If you have been named trustee, or you are a beneficiary who suspects a trustee is not playing straight, you can contact our Boca Raton office to talk through your position before anyone files anything. For grantors who have not yet built the plan, our wills and trusts overview is a sensible starting point.
Key Takeaways for Florida Successor Trustees
- File the Notice of Trust under § 736.05055 and send the 60-day beneficiary notice under § 736.0813 — early and in writing.
- Confirm every asset is actually titled in the trust; unfunded assets may force a probate.
- Do not distribute before debts, taxes, and any elective-share exposure are accounted for.
- In a blended family, treat the remainder beneficiaries — usually the grantor’s children — as entitled to information now, not later.
- When the second spouse and the children both claim the estate, get court or mediated cover before you distribute.
The Florida statutes cited here are real and current as of this writing, but they change, and every trust is its own document. Use this as a map of the terrain, not as a substitute for advice on your specific trust.
Frequently Asked Questions
Does a Florida trust have to go through probate after the grantor dies?
Usually not. Assets titled in the name of a properly funded revocable trust pass under the trust’s terms outside probate court. However, the trustee must still file a Notice of Trust with the clerk of court under Florida Statutes § 736.05055, and any assets the grantor left titled in their own name may still require a separate probate to transfer them.
What are the first deadlines a successor trustee faces in Florida?
Two stand out. The trustee must file a Notice of Trust with the appropriate clerk of court, and within 60 days of accepting the trusteeship must notify the qualified beneficiaries of the trust’s existence and their right to information under § 736.0813. Tax returns and the creditor-claim period follow close behind.
Can a surviving second spouse be cut out of a Florida trust?
Not easily. Florida’s elective share (§§ 732.201–732.2155) entitles a surviving spouse to roughly 30% of the elective estate, which includes assets held in a revocable trust. Constitutional homestead protections can also override the trust’s terms regarding the marital residence. A trustee should determine elective-share and homestead exposure before distributing anything.
Is the successor trustee personally liable for mistakes?
Yes. A Florida trustee is a fiduciary who owes duties of loyalty, impartiality, and prudent administration under Chapter 736. Distributing assets before paying valid debts and taxes, favoring one beneficiary over another, or commingling funds can expose the trustee to personal liability. This is the main reason many trustees retain counsel.
How long does trust administration take in Florida?
A simple, fully funded trust with cooperative beneficiaries often closes in six to twelve months. Federal estate tax filings, real estate sales, business interests, or disputes between a second spouse and stepchildren can extend the process beyond two years, in part because of the creditor-claim period and tax deadlines.
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For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles .
