What are a Florida trustee's main duties?

Generally, a Florida successor trustee must administer the trust in good faith and in the beneficiaries' interests — including the duties of loyalty (§736.0802) and impartiality (§736.0803), keeping qualified beneficiaries reasonably informed (§736.0813), keeping records and accounting (§736.08135), and protecting and properly titling trust property. This is general information, not legal advice.

Does a Florida trustee have to notify the beneficiaries?

Generally yes. Under §736.0813 a trustee must notify qualified beneficiaries — typically within 60 days of accepting the trusteeship and within 60 days of learning the trust has become irrevocable — and keep them reasonably informed of the administration.

When should a Florida trustee involve an attorney?

Many trustees consult a Florida attorney before making distributions, paying themselves, responding to creditors, or handling homestead — and for any contested or fact-specific question, which is exactly what attorney review is for.

Florida Trustee Duties and Responsibilities After Death

Florida Trustee duties and responsibilities after death

When a Florida Trust becomes irrevocable after a death, the successor Trustee takes on real responsibilities — administering in good faith, acting loyally and impartially, keeping records, informing beneficiaries, and accounting when required. The right first move is to get organized and confirm your role before acting.

Last updated June 27, 2026 · Reviewed by Neil Alan Milestone, The Florida Bar No. 309966

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Key Florida Trust Code provisions

Life insurance policies; disposition of proceeds
§ 222.13 ↗
Plain-language explanation pending Florida attorney review. See the official statute via the link above.
Exemption of cash surrender value of life insurance and annuity proceeds
§ 222.14 ↗
Plain-language explanation pending Florida attorney review. See the official statute via the link above.
Exemption of pension money and certain retirement funds
§ 222.21 ↗
Plain-language explanation pending Florida attorney review. See the official statute via the link above.
No exemption for fraudulent transfers
§ 222.29 ↗

Florida Trustee duties and responsibilities after death

Key Florida Trust Code provisions

Life insurance policies; disposition of proceeds

Exemption of cash surrender value of life insurance and annuity proceeds

Exemption of pension money and certain retirement funds

No exemption for fraudulent transfers

Fraudulent asset conversions

Transfers fraudulent as to present and future creditors

Transfers fraudulent as to present creditors

Devise of homestead

Rights of a beneficiary's creditor or assignee

Spendthrift provision

Exceptions to spendthrift provision

Discretionary trusts; effect of standard

Creditors' claims against settlor

Overdue distribution

Personal obligations of trustee

Duties owed to settlor while trust is revocable

Duty to administer trust in good faith

Duty of loyalty

Duty of impartiality

Prudent administration

Control and protection of trust property

Recordkeeping and segregation of trust property

Duty to inform and account

Trust accountings

Discretionary powers; trustee-beneficiary limits

General powers of trustee

Specific powers of trustee

Remedies for breach of trust

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