As we have mentioned before, the job of a trustee is critical.
But it’s not easy.
A trustee is a fiduciary. As such, he or she has several duties to fulfill, and he can be held personally liable for the breach of those duties.
Not everyone is qualified to undertake the duties of a trustee, and even if they are, there may come a time when they want to resign.
So, what happens when you’re serving as trustee of a trust and you want to resign?
Luckily, if you are serving as a trustee in Florida, you have 2 ways to resign as trustee, which we will discuss in more detail below.
But first, let’s refresh what a trustee does and who can serve as a trustee in Florida.
Who is the Trustee?
A trustee is the person appointed by the creator of a trust (the “settlor” or “trust maker”) to administer that trust and distribute the trust assets. The person you appoint as trustee should be completely honest, moral, and reliable because they control the trustmaker’s property—money, property, and other assets.
A trustee is a fiduciary. A fiduciary acts on behalf of another and is obligated to act in that person’s best interests. Fiduciaries are people of utmost honesty and integrity.
Key Fiduciary Duties in Florida
| Duty | Meaning | Example |
| Duty of Loyalty | Act only in the best interest of beneficiaries. | Avoid conflicts of interest or self-dealing. |
| Duty of Prudence | Manage trust assets carefully and responsibly. | Use sound investment strategies and seek advice when needed. |
| Duty of Impartiality | Treat all beneficiaries fairly and without bias. | Balance interests of income and remainder beneficiaries. |
| Duty of Recordkeeping | Maintain accurate and detailed records. | Keep tax filings, receipts, and account statements organized. |
Under Florida law, trustees have specific duties to the trust beneficiaries.
If a trustee breaches his fiduciary duties, for example, invading the trust’s principal in violation of the trust’s terms, they can be held individually liable to the beneficiaries for any misappropriation of trust assets.
Beneficiaries or co-trustees can file a surcharge action through an attorney to hold a trustee personally liable for such breaches.
Learn more about these duties in our guide: Florida Trustee Duties and Responsibilities.
Who Can Serve as a Trustee?
In Florida, any adult may serve as a trustee. The individual does not need to be a Florida resident. A family member, friend, or attorney may serve as trustee.
Qualities to Look for in a Trustee
- Honesty and strong moral character
- Experience with financial management
- Ability to make sound, timely decisions
- Skill in recordkeeping and tax compliance
- Commitment to fairness and transparency
The person you choose will be legally bound to follow the trust’s instructions, act in the best interests of your beneficiaries, and comply with all statutory duties.
See our related article: How to Choose a Trustee in Florida.
2 Ways to Resign as a Trustee in Florida
Let’s say you have chosen your trustee, you pass away, and the trustee begins to administer the trust. Then, for whatever reason—often health or relocation—your trustee wants to resign.
Can they do it?
Yes.
Florida law provides two ways to resign as a trustee.
Option 1: Follow the Trust Instrument
The first way a trustee may resign depends on the wording of the trust instrument.
This is straightforward: Read the trust document.
Many trusts include a clause outlining how a trustee can resign. This usually requires the trustee to provide written notice to:
- The beneficiaries
- Any co-trustees
- Any successor or substitute trustees
- Anyone authorized to appoint a new trustee
If the document provides a procedure, follow it carefully. A written record of notice is essential to protect both the resigning trustee and the trust.
Option 2: Florida Trustee Resignation Statute
If the trust document doesn’t include a resignation process, Florida law provides a backup method.
Under Florida Statute §736.0705, a trustee may resign by:
- Providing at least 30 days’ written notice to all qualified beneficiaries, the settlor (if alive), and any co-trustees,
or - Petitioning the court for approval.
If the court approves the resignation, the trustee may step down.
The court can impose conditions to protect the trust property. Importantly, resigning does not erase liability for any breach of fiduciary duty that occurred before resignation.
The statute also allows a trustee to resign pursuant to the terms of the trust itself, provided notice is properly given.
Trustee Resignation Checklist
| Step | Task | Why It Matters |
| 1 | Review trust document for resignation terms. | Ensures compliance with trust-specific rules. |
| 2 | Provide written notice to all required parties. | Required under Florida Statute §736.0705. |
| 3 | Transfer all trust property and records. | Ensures smooth handover to successor trustee. |
| 4 | Obtain acknowledgment from successor trustee. | Protects you from future disputes. |
| 5 | Retain copies of all resignation notices. | Creates a legal record of your resignation. |
What Happens After a Trustee Resigns?
After a trustee resigns, the successor trustee named in the trust instrument typically takes over. If no successor is named, the court can appoint one. The resigning trustee must:
- Transfer all trust assets and records to the new trustee
- Provide an accounting of all transactions
- Ensure a smooth transition to prevent harm to beneficiaries
Failing to complete these steps can expose the resigning trustee to liability.
Common Mistakes Trustees Make When Resigning
- Not providing notice to all beneficiaries
- Failing to deliver trust assets and records promptly
- Assuming resignation eliminates previous liability
- Ignoring the need for legal documentation of the resignation
If you’re unsure how to proceed, it’s wise to consult with a Florida trust attorney before submitting your resignation.
Example Scenario
A Florida trustee caring for a spouse with serious health issues decides to step down.
They send written notice to all beneficiaries and co-trustees, giving 30 days’ notice per Fla. Stat. §736.0705. The successor trustee accepts the role, and the resigning trustee transfers the records and assets smoothly—ending their fiduciary responsibility without court intervention.
Trusts Are Powerful Planning Tools
Trusts help protect assets, avoid probate, and ensure your wishes are carried out efficiently. The law surrounding trusts can be complex, but with the right guidance, you can create a plan that protects your family’s future and your peace of mind.
FAQs About Resigning as Trustee in Florida
- How do I resign as a trustee in Florida?
You can resign by following the trust’s terms or giving 30 days’ notice to beneficiaries and co-trustees, as outlined in Florida Statute §736.0705. - Do I need court approval to resign?
Only if the trust doesn’t specify a process or if the beneficiaries contest the resignation. - What happens if no successor trustee is named?
The court can appoint one to continue trust administration. - Does resigning eliminate my liability?
No. Liability for past fiduciary breaches remains. - Can a trustee resign after being accused of wrongdoing?
Yes, but the resignation won’t stop legal claims for previous actions. - What’s included in proper notice to beneficiaries?
Written notice with the effective date of resignation, sent to all qualified beneficiaries and co-trustees. - How long does the process take?
At least 30 days from the date of notice, unless the court is involved. - Can a trustee resign via email?
Notice should be in writing and delivered formally—email alone is risky. - What documents must I deliver when resigning?
Accounting records, investment reports, and trust property lists. - Should I hire an attorney to help me resign?
Yes. An attorney ensures all statutory requirements are met and protects you from liability.
Plantation, Florida Trust Attorneys
If you have probate or estate planning needs, protecting your family is one phone call away.
At SJF Law Group, our estate attorneys create customized estate plans to fit your situation. We guide clients through the probate process and handle every aspect of trust creation, administration, and settlement.
We serve clients throughout Plantation, Fort Lauderdale, Miami, West Palm Beach, and Boca Raton.
Call 954-580-3690 or visit our Contact Page to schedule a consultation.
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