When the person who created a trust passes away, the successor trustee steps in to manage and distribute the trust’s assets. It’s an important job with real legal duties, and many trustees are family members doing it for the first time. Sawyer & Sawyer, P.A. helps trustees in Horizon West carry out the trust’s terms correctly, and helps beneficiaries understand what to expect.
A Trustee’s Duties in Florida
- Follow the terms of the trust
- Act in the beneficiaries’ interests, not your own
- Keep beneficiaries informed and provide trust accountings
- Keep trust assets separate and invest them prudently
- Keep accurate records of everything that comes in and goes out
When a revocable trust‘s creator passes away, Florida law also requires the trustee to file a notice of trust with the court in the county where that person lived.
What Trust Administration Involves
Trust administration usually includes taking inventory of the trust’s assets, notifying beneficiaries, paying valid debts, expenses and taxes, managing property and investments along the way, and making distributions under the trust’s terms. Because assets held in a trust generally avoid probate, the process is usually faster and more private than settling an estate through the court.
Trust Administration in Horizon West
About 8% of Horizon West residents are 65 or older. A successor trustee’s role doesn’t always begin at a death, though. Under a revocable trust, it can begin while the person who created the trust is still living.
While that person is alive and competent, they control the trust and can change it at will. If they become incapacitated, the successor trustee steps in to manage things on their behalf without the need for a guardianship, and the trust stays revocable. It becomes irrevocable at death.
Whenever you step in, the first job is an inventory: learn exactly what the trust holds and review its accounts and investments. We help Horizon West trustees understand their role at each stage and manage the trust with care.
Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.
From Our Podcast: Trustee Selection Secrets: What Every Family Needs to Know Before Signing
Some trustee choices are wrong from the start. In this Life, Legacy & Wealth episode, Tom Moss walks through the red flags that disqualify a trustee before they even start, so families can recognize the wrong choice before naming anyone. Because this person will one day administer the trust, it’s one of the most consequential decisions a family will face, and the episode offers a practical roadmap for it.
Why Horizon West Families Work With Sawyer & Sawyer
Sawyer & Sawyer, P.A. is a family firm that has served Central Florida since 1994. We treat every client as an extension of our family, and we focus on people before the paperwork.
- Cary L. Moss, Esq., Managing Partner. Concentrates on estate settlement, probate, trust administration, long-term care planning and estate planning. Served five years on the Board of Directors of the Academy of Florida Elder Law Attorneys, including a term as president.
- Thomas P. Moss, Esq., Senior Attorney. Focuses on estate planning, guardianship and estate settlement. Former Co-Chair of the Orange County Bar Association’s Estate, Guardianship and Trust Law Committee.
Our office at 8913 Conroy Windermere Road in Orlando is about 30 minutes from Horizon West.
Frequently Asked Questions
Can a trustee be paid?
Yes. Florida law allows a trustee reasonable compensation unless the trust says otherwise.
Is a trustee supervised by a court?
Usually not. A personal representative (executor) in probate is court-appointed, with a judge watching. A trustee typically works with no required court oversight and no required attorney. That can be efficient, but it carries risk. Trustees are still held to the highest legal standard of care: they must invest prudently, avoid conflicts of interest and give beneficiaries annual accountings, which Florida law requires.
Can a trust be changed after the person who created it dies?
Sometimes. A trust protector can hold the power to amend certain terms, as long as the changes don’t violate tax rules. A judge can approve changes, provided all beneficiaries are notified. And “decanting” lets a fiduciary, someone legally bound to act in the beneficiaries’ interest, adjust the trust to fit a situation it never anticipated, like a beneficiary who has since become disabled.
Related Reading
- Who Should Be Your Trustee? What Families Get Wrong — and How to Get It Right
- Why Choosing the Right Trustee Matters More Than You Think
- What Is a Trust in Florida?
Other Services in Horizon West
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Guardianship · Medicaid Planning · Horizon West
Trust Administration Across Central Florida
Orlando · Windermere · Winter Garden · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Horizon West
Talk to a Trust Administration Attorney Serving Horizon West
Call (407) 909-1900 or send us a message to set up a consultation. Our office is open Monday through Thursday, 9 AM to 5 PM, and Friday, 9 AM to 12 PM.