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 Orlando 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 Orlando
About 1 in 9 Orlando residents is 65 or older. When an Orlando resident who created a revocable trust passes away, the trustee files a notice of trust with the court in Orange County, at the courthouse downtown.
After that, there’s usually no judge reviewing each step and no required attorney. That independence can be efficient, but it also means the trustee carries the responsibility, so it helps to have guidance from the start.
If the trust holds real estate, the trustee also needs to keep it properly insured until it’s sold or distributed. We can guide you through each of these duties.
Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.
From Our Podcast: How to Choose the Right Trustee and Avoid Family Conflict
Choosing a trustee is about much more than picking the child who’s “good with money.” In this episode of Life, Legacy & Wealth, Tom Moss explains what it means to be a fiduciary, the legal duties of a trustee, and the emotional weight of managing assets for siblings or other loved ones. He also covers how a trustee differs from a personal representative, common causes of family conflict, co-trustee pitfalls, and Florida’s annual accounting requirements.
Why Orlando 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 Orlando, on Conroy Windermere Road.
Frequently Asked Questions
Does a trust go through probate in Florida?
Assets properly held in the trust generally don’t. Assets left in the person’s own name may still need probate, which is why funding the trust matters.
What happens to a revocable trust when the person who created it dies?
It becomes irrevocable, so it can no longer be changed at will. It gets its own tax ID number and settles final debts. The successor trustee can often step in right away with a death certificate, rather than waiting weeks or months for court approval. The trust then either distributes assets outright or keeps holding them for a beneficiary who needs ongoing protection.
What should we look for in a trustee?
More than love. A good trustee is organized, good with money, compassionate, fair but firm, available, and willing to listen to CPAs and attorneys. Always ask before naming someone; never assume they’re willing. Be careful with anyone who isn’t a U.S. citizen or who lives abroad, since that can create serious tax problems. And name backups, since a trust can last decades.
Related Reading
- Choosing the Right Trustee: Avoiding Family Conflicts in Orlando
- What Is a Trust in Florida?
- Irrevocable Doesn’t Mean Unchangeable
Other Services in Orlando
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Guardianship · Medicaid Planning · Orlando
Trust Administration Across Central Florida
Windermere · Winter Garden · Horizon West · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Orlando Office
Talk to a Trust Administration Attorney Serving Orlando
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.