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Florida Trust Administration Attorneys · Plantation, FL
South Florida Trust Administration Attorney
Being named trustee comes with work: understanding the trust, managing its assets and keeping beneficiaries informed. Our trust administration lawyers help trustees in Plantation, Fort Lauderdale, Boca Raton and across South Florida carry out those responsibilities, from the initial review through distributions.
Serving trustees throughout South Florida
Since 2011Helping South Florida families
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Plantation, FLServing Broward, Miami-Dade
and Palm Beach counties
and Palm Beach counties
Help with your trustee responsibilities
You’ve been named successor trustee.
A loved one has passed away, and you need help understanding the trust and where to begin.
You’re already administering a trust.
You have questions about records, notices, assets or distributions—and want guidance before taking the next step.
You need support with the responsibilities.
You want to understand your role, communicate with beneficiaries and keep the administration organized.
Hear from Samantha
Trust administration,
explained.
Samantha Fitzgerald explains when trust administration is needed and the kind of help SJF provides.
Prefer to read? Explore the details below ↓Samantha Fitzgerald · SJF Law Group
View full video transcript
Hi, I'm Samantha Fitzgerald I am an attorney and the founder of SJF Law Group.
One of the services that we provide here is Trust Administration.
A Trust Administration is typically needed after somebody who has created a trust, passes away, and then the assets in that trust and the trust need to be administered.
This is very similar to a probate administration or an estate administration.
The big difference between a trust administration and a probate administration is that there is no court involvement.
With probate administration, personal representatives, which is what we call the executor in Florida, are required to have legal counsel.
That's not the case with trust administrations, so it's often that the trustee will not seek legal advice, which is a really big mistake.
A trustee is a fiduciary and held to a very high standard of care and there's no way that they will understand all of the rules and the processes that they need to follow without legal advice.
When you hire our firm, we are here to walk you through the entire process to give you guidance, to give you advice on small things up to larger things.
We are here to help and guide you throughout the entire process to make sure that you don't run off any rules and our fees are typically paid out of the trust assets so it's not something that you or the trustee have to pay personally so it's definitely a wise investment to hire legal counsel so if we can help you in anyway.
If you'd like to schedule a consultation to talk through this, please email our office at
Info@EstateandProbateLawyer.com or give our office a call (954)-580-3690.
We look forward to working with you.
Working with SJF Law Group
Meet the SJF team →Review the trust and the work involved
Our trust lawyers and trust attorneys help trustees interpret the trust provisions, understand notices and accountings, and address questions about managing and distributing assets.
Get advice during administration
Questions often arise after the first meeting. Our trust administration service provides legal guidance as you carry out the work.
What to discuss with our office
You may be wondering what to do first or whether you’re on the right track. These are useful starting points for your conversation with the firm.
The trust and your role
Tell us whether you are the named trustee and whether administration has already begun.
Assets and work already completed
Give a general description of the assets and any notices, distributions or accountings completed so far.
Questions about duties and fees
Ask which responsibilities need attention, what assistance the firm can provide and how fees would be determined.
Useful context: your relationship to the trust, whether an administration has begun and the questions you need help answering. Avoid including confidential details in the initial web form.
What are a trustee’s duties in trust administration?
A trustee must administer the trust according to its terms and applicable law, acting for the beneficiaries. The work commonly includes:
- Identifying, collecting and managing trust assets
- Giving required notices and keeping beneficiaries informed
- Maintaining records and providing required accountings
- Addressing expenses, debts and applicable tax filings
- Making distributions under the trust’s terms
Which duties apply, and when, depends on the trust and the circumstances. Get advice before making distributions or transactions that could create a conflict.
Who’s involved in a trust? Understanding the key roles
The settlor, also called the grantor, creates the trust. The trustee manages it. Beneficiaries are the people or organizations entitled to benefit under its terms. A successor trustee takes over when the conditions in the trust are met.
What happens when there’s a breach of trust?
Misusing trust assets, self-dealing or failing to perform required duties can be a breach of trust. A trustee may face personal liability. If you are concerned about a past action or a proposed transaction, ask for legal advice before proceeding.
What is a Notice of Trust in Florida?
After the settlor of a revocable trust dies, the trustee generally must file a Notice of Trust with the court in the county where the settlor lived and with the court handling the estate. The notice identifies the settlor, date of death, trust and trustee.
This filing is separate from notices sent to beneficiaries. Filing it does not, by itself, complete the administration or eliminate creditor claims. See Florida Statutes section 736.05055.
What must a trustee tell beneficiaries?
Florida trustees must keep qualified beneficiaries reasonably informed about the trust and its administration. Required notices generally include notice within 60 days after accepting the trusteeship and within 60 days after learning that a revocable trust has become irrevocable. The notices address different events, so the deadlines need to be reviewed separately.
Qualified beneficiaries may request a complete copy of the trust and relevant administration information. Trustees of irrevocable trusts generally must also provide accountings at least annually, when the trust ends and when the trustee changes, subject to applicable exceptions and waivers. See Florida Statutes section 736.0813.
How long does trust administration take in Florida?
A straightforward administration may take several months. Real estate sales, tax matters, missing records or disputes can extend the work beyond a year. A trust that provides ongoing support may continue for much longer.
- Getting started: Review the trust, confirm the successor trustee’s authority, protect assets and identify required notices.
- Administration: Gather and value assets, maintain records, address claims and taxes, and keep beneficiaries informed.
- Distributions: Determine what can safely be distributed, retain appropriate reserves and complete required accountings and transfers.
These are planning stages, not a guaranteed completion schedule. We can discuss a more useful estimate after reviewing the trust and its assets.
Trust administration vs. probate in Florida
The two processes can occur together. A trust governs assets held in it; assets left in the deceased person’s name without an effective transfer arrangement may still require probate administration.
| Question | Trust administration | Formal probate |
|---|---|---|
| Who manages the work? | The trustee named or appointed under the trust. | A court-appointed personal representative. |
| Which assets are involved? | Assets held in or payable to the trust. | Assets requiring administration through the probate estate. |
| Is there court oversight? | Usually no ongoing supervision, although notices, disputes or other issues can require court involvement. | A court-supervised administration with required filings. |
| What directs distributions? | The trust’s terms and applicable law. | The will, if valid, or Florida intestacy law, subject to protected family rights. |
| Are debts and taxes still relevant? | Yes. Applicable claims, expenses and tax obligations must be addressed. | Yes. The personal representative handles the estate’s obligations before final distribution. |
If you are planning ahead, our estate planning attorneys can help you coordinate the trust, asset titles and beneficiary designations.
How are trust administration fees paid?
Reasonable attorney fees for the initial administration of a revocable trust are generally payable from trust assets, subject to Florida law and the fee agreement. Trustees may also be reimbursed for reasonable expenses properly incurred in administering the trust.
Fees depend on the work involved. Ask how fees will be calculated, which services are included and whether any payment is needed before trust funds are available. See section 736.1007 and section 736.0709.
What if the trust includes a Florida homestead?
Holding a home in a revocable trust does not remove Florida’s restrictions on who can inherit protected homestead. A surviving spouse or minor child may have rights that affect the trust’s instructions.
Before selling or distributing the home, review the deed, trust and family circumstances with an attorney. Homestead status can affect title, creditor protection and the permitted transfer. See Florida Statutes section 732.4015.
Have questions about your responsibilities?
Tell us about your situation before you decide on the next step.
Questions about trusts
These explanations offer background on trusts and how they work. The answers for a particular trust depend on its terms and circumstances.
Looking for ongoing support?
Need continuing support after the initial administration is complete? Explore our Trust Advisory Services.
What should you know about trusts in Florida?
A trust sets rules for managing and distributing property. Depending on its terms and funding, it may help avoid probate, provide for a beneficiary with special needs or control when an inheritance is distributed.
Those benefits are not automatic. The type of trust, its wording and the way assets are held matter.
What are the different types of trusts?
A revocable trust can generally be changed by its creator during life while competent. It commonly becomes irrevocable after the creator’s death. An irrevocable trust has different limits on changes, depending on its terms and the law.
Specialized trusts include irrevocable life insurance trusts, spousal lifetime access trusts, grantor retained annuity trusts and special needs trusts. Their purposes differ; the trustee’s job is to administer the particular trust in front of them.
What types of assets can be held in a trust?
Trusts can hold assets such as real estate, bank accounts and investments. Ownership documents and beneficiary designations determine what belongs to a trust or passes to it.
Retirement accounts and life insurance need separate planning. Naming a trust as beneficiary is different from transferring ownership. Have a trust attorney review the arrangement and tax consequences before making changes.
How are trusts taxed in Florida?
Tax treatment depends on the trust’s terms and tax classification, not simply whether it is revocable or irrevocable. A grantor trust’s income is generally reported by its owner; other trusts may have separate filing obligations.
Reporting can change after the grantor dies. The trustee should confirm which returns and beneficiary statements are required with the attorney and tax adviser.
Which type of trust is best for your situation?
The choice depends on who the trust is intended to help, the assets involved and the level of control the creator wants to retain. If you are already serving as trustee, start by reviewing the existing trust rather than choosing a new type.
Our Trusts Guide explains the options.
Our Plantation office serves South Florida
Our Plantation office assists trustees with trust administration throughout South Florida.
Request a Complimentary Trust Administration Consultation
Share a brief overview of your situation and the best way to reach you.
(954) 580-3690Prefer a conversation? Call our office.
SJF Law Group
300 S. Pine Island Road, Suite 109
Plantation, FL 33324
Estate Planning · Probate Administration · Trust Administration