Last reviewed: September 22, 2026 · Reviewed by Alexis Bucelo Diaz, Esq.
When the person who created a trust dies or becomes incapacitated, someone has to run it. Florida trust administration is the legal process the successor trustee follows: giving statutory notices, gathering and protecting assets, paying valid expenses, and distributing to beneficiaries under the trust terms. The Florida Trust Code imposes real duties and real deadlines on trustees, and most successor trustees are family members doing this for the first time. Bucelo Diaz Law guides successor trustees through every step, and represents them for trusts we drafted and trusts we did not.
- The 60-day notice is not optional. Florida Statutes §736.0813 requires the successor trustee to notify qualified beneficiaries within 60 days after the trust becomes irrevocable, identify the trustee, and disclose beneficiaries’ rights to the trust document and accountings.
- Trustees owe fiduciary duties with personal exposure. Loyalty, impartiality, prudent administration, and accurate accounting are legal obligations under the Florida Trust Code, not suggestions.
- Trust administration is usually faster and private, but it is not automatic: assets left outside the trust may still require a Florida probate alongside it.
- You do not have to be in Florida. We regularly guide out-of-state successor trustees through Florida trust administration entirely by phone and Zoom.
What Is Trust Administration in Florida?
Trust administration is everything a trustee must do to carry out a trust after the grantor’s death or incapacity. For a typical revocable living trust, the trust becomes irrevocable at the grantor’s death, and the successor trustee named in the document takes over. Unlike Florida probate, no court supervises the process: there is no docket, no judge, and no public record. That privacy and speed is the reason people create trusts, but it also means the trustee alone is responsible for getting the legal steps right under Florida Trust Code, Chapter 736.
The Successor Trustee’s First Steps
In the first weeks after the grantor’s death, the successor trustee should: obtain certified death certificates; locate and read the trust document and any amendments; send the statutory notice to qualified beneficiaries required by FL Stat. §736.0813 within 60 days; obtain a tax identification number for the now-irrevocable trust; secure and inventory trust assets, including recording a certificate of trust where real estate is involved; and determine whether any assets were left outside the trust. That last question decides whether a probate proceeding must be opened alongside the trust administration, and it is the step families most often miss.
What the Florida Trust Code Requires of Trustees
The Florida Trust Code holds trustees to fiduciary standards with personal liability behind them. The trustee must administer the trust in good faith for the beneficiaries’ benefit (§736.0801), stay loyal and avoid self-dealing (§736.0802), treat multiple beneficiaries impartially (§736.0803), administer prudently (§736.0804), keep clear records and keep trust property separate (§736.0810), and provide beneficiaries with annual accountings and relevant information about the administration (§736.0813). A trustee who distributes too early, favors one beneficiary, or cannot document where money went can be personally surcharged. Good process is the trustee’s protection.
How Long Trust Administration Takes
For a well-funded trust with cooperative beneficiaries, administration typically runs a few months: notices, asset collection, payment of expenses and final bills, tax coordination, and distribution. Compare that with formal probate administration, which commonly takes a year or more. The timeline stretches when real estate must be sold, when tax returns must be filed and closed, when assets were left outside the trust and a companion probate is required, or when beneficiaries dispute the administration. Distributing before creditor and tax exposure is resolved is the classic first-time trustee mistake; a short delay at the right stage protects the trustee personally.
When Probate Is Still Needed Alongside a Trust
A trust only controls assets titled in it. Bank accounts, vehicles, or real estate left in the decedent’s individual name generally require a probate proceeding, with the pour-over will directing those assets into the trust. Depending on the value involved, that may be a summary administration (estates at or below Florida’s $150,000 threshold, at a $4,500 flat fee) or a formal administration (starting at $8,500). We handle the trust administration and any companion probate together, so the family deals with one firm and one coordinated plan.
How Bucelo Diaz Law Helps Successor Trustees
We act as counsel to the successor trustee: preparing the §736.0813 notices, the certificate of trust, and trustee minutes; building the asset inventory; coordinating with the CPA on final and trust tax returns; advising on distributions and holdbacks; and preparing the releases that close the administration cleanly. When a disagreement among beneficiaries turns into courtroom litigation, we help the trustee engage experienced trust litigation counsel and remain involved as the administration attorneys who know the trust and its records best. Fees are quoted as a flat fee after a review of the trust and asset picture at a free 30-minute consultation, so the trustee knows the cost before engaging us. Consultations are available in English and Spanish, in person in Weston, Ocala, and Naples, or by Zoom for trustees anywhere. Our Florida trust attorney page covers the full range of trust services, from design through administration.
Frequently Asked Questions About Florida Trust Administration
What does a successor trustee do first in Florida?
Obtain certified death certificates, locate the trust document and amendments, and send the notice Florida Statutes 736.0813 requires to qualified beneficiaries within 60 days after the trust becomes irrevocable. From there: get a tax ID number for the trust, secure and inventory the assets, and determine whether anything was left outside the trust that requires a companion probate. Distribution comes last, after expenses, creditors, and taxes are resolved.
Do I need an attorney to administer a trust in Florida?
Florida law does not require one, but the trustee is personally liable for administration mistakes: missed notices, premature distributions, poor records, or mishandled taxes. Most successor trustees are family members serving for the first time, and attorney guidance is ordinarily paid from trust assets as an administration expense rather than out of the trustee’s pocket. For most trusts, counsel costs far less than the personal exposure it prevents.
How long does trust administration take in Florida?
A few months for a well-funded trust with cooperative beneficiaries, versus the year or more that formal probate commonly takes. Real estate sales, tax filings, assets left outside the trust, or beneficiary disputes extend the timeline. The statutory beneficiary notice must go out within 60 days, and prudent trustees do not make final distributions until creditor and tax exposure is closed.
Does a trustee get paid in Florida?
Yes. Under Florida Statutes 736.0708, a trustee is entitled to compensation that is reasonable under the circumstances if the trust document does not specify an amount. Family-member trustees sometimes waive compensation, but they are not required to, and the work is real. Trustee compensation and attorney fees are both ordinarily paid from trust assets as administration expenses.
What are a beneficiary’s rights during Florida trust administration?
Qualified beneficiaries are entitled to notice that the trust exists and who the trustee is, a copy of the trust document on request, relevant information about the administration, and annual trust accountings under Florida Statutes 736.0813. A beneficiary who is not receiving required information can demand it in writing. We also represent beneficiaries who need help understanding or enforcing these rights; see our beneficiary representation page.
Can I serve as successor trustee if I live outside Florida?
Yes. Florida permits out-of-state individuals to serve as trustees, and much of a trust administration is paperwork, notices, and coordination that does not require being here. We routinely guide out-of-state successor trustees entirely by phone and Zoom, handle Florida real estate steps locally, and coordinate any companion probate. Bilingual service in English and Spanish is available throughout.
About the Author
Alexis Bucelo Diaz, Esq., LL.M. is the founding attorney of Bucelo Diaz Law, PLLC. She holds a Master of Laws (LL.M.) in Estate Planning from the University of Miami School of Law and has more than 15 years of focused experience in Florida estate and trust law. Florida Bar #86918. Selected to Super Lawyers Rising Stars in 2025.