What are a Florida trustee's main duties?

Generally, a Florida successor trustee must administer the trust in good faith and in the beneficiaries' interests — including the duties of loyalty (§736.0802) and impartiality (§736.0803), keeping qualified beneficiaries reasonably informed (§736.0813), keeping records and accounting (§736.08135), and protecting and properly titling trust property. This is general information, not legal advice.

Does a Florida trustee have to notify the beneficiaries?

Generally yes. Under §736.0813 a trustee must notify qualified beneficiaries — typically within 60 days of accepting the trusteeship and within 60 days of learning the trust has become irrevocable — and keep them reasonably informed of the administration.

When should a Florida trustee involve an attorney?

Many trustees consult a Florida attorney before making distributions, paying themselves, responding to creditors, or handling homestead — and for any contested or fact-specific question, which is exactly what attorney review is for.

Florida Trustee Duties and Responsibilities After Death

Florida Trustee duties and responsibilities after death

When a Florida Trust becomes irrevocable after a death, the successor Trustee takes on real responsibilities — administering in good faith, acting loyally and impartially, keeping records, informing beneficiaries, and accounting when required. The right first move is to get organized and confirm your role before acting.

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Key Florida Trust Code provisions

Life insurance policies; disposition of proceeds
§ 222.13 ↗
Proceeds of a life insurance policy payable to a named beneficiary are generally exempt from the claims of the insured's creditors, subject to statutory conditions.
Exemption of cash surrender value of life insurance and annuity proceeds
§ 222.14 ↗
The cash surrender value of life insurance policies and the proceeds of annuity contracts are generally exempt from creditors of the insured/annuitant, subject to statutory conditions.
Exemption of pension money and certain retirement funds
§ 222.21 ↗
Money in qualified pension and retirement plans is generally exempt from creditors' claims, subject to statutory conditions.
No exemption for fraudulent transfers
§ 222.29 ↗
Generally, an exemption under this chapter is not effective if it results from a fraudulent transfer or conveyance as provided in chapter 726; this can include transfers made with actual intent to hinder, delay, or defraud a creditor as well as certain transfers made without receiving reasonably equivalent value, subject to statutory conditions.

Florida Trustee duties and responsibilities after death

Key Florida Trust Code provisions

Life insurance policies; disposition of proceeds

Exemption of cash surrender value of life insurance and annuity proceeds

Exemption of pension money and certain retirement funds

No exemption for fraudulent transfers

Fraudulent asset conversions

Transfers fraudulent as to present and future creditors

Transfers fraudulent as to present creditors

Devise of homestead

Rights of a beneficiary's creditor or assignee

Spendthrift provision

Exceptions to spendthrift provision

Discretionary trusts; effect of standard

Creditors' claims against settlor

Overdue distribution

Personal obligations of trustee

Duties owed to settlor while trust is revocable

Duty to administer trust in good faith

Duty of loyalty

Duty of impartiality

Prudent administration

Control and protection of trust property

Recordkeeping and segregation of trust property

Duty to inform and account

Trust accountings

Discretionary powers; trustee-beneficiary limits

General powers of trustee

Specific powers of trustee

Remedies for breach of trust

Related reading

Frequently asked questions