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 Orange County 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 Orange County
Across Orange County, about 1 in 8 residents is 65 or older. After a trust’s creator dies, the successor trustee looks after whatever the trust holds until it’s distributed, and that can include real estate.
If the trust holds Florida rental property, the trustee needs to understand landlord responsibilities, property management and insurance. A trustee who lives out of state, won’t hire a management company and isn’t checking on the properties is taking a serious risk.
Orlando is the county seat, and the Orange County Courthouse in downtown Orlando is where the trustee of an Orange County resident’s revocable trust files the notice of trust. We work with trustees across the county on that filing and on managing trust property until it’s distributed.
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
Tom Moss makes the case for corporate trustees on Life, Legacy & Wealth, then explains how a family can decide between an individual and a corporate trustee. Because the trustee administers the trust, that decision shapes everything that follows. It ranks among the most important, and most overlooked, decisions in estate planning, and Tom offers a practical way to think it through.
Why Orange County 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 is right here in Orange County, on Conroy Windermere Road in Orlando.
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
- Choosing the Right Trustee: Avoiding Family Conflicts in Orlando
- Why Choosing the Right Trustee Matters More Than You Think
- What Is a Trust in Florida?
Other Services in Orange County
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Guardianship · Medicaid Planning · Orange County
Trust Administration Across Central Florida
Orlando · Windermere · Winter Garden · Horizon West · Clermont · Ocoee · Winter Park · Seminole County · Osceola County · Lake County
Directions to Our Orlando Office
Talk to a Trust Administration Attorney Serving Orange County
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.