If you set up a revocable living trust in Florida, the trustee is the person or institution who carries out your instructions. Unlike a will-based plan, a properly funded trust avoids probate entirely, so your trustee choice shapes how smoothly and privately your estate transfers. This guide explains how the role works and how to choose.
How the Trustee Role Works in Florida
While you are alive and competent, you are usually your own trustee and keep full control. The real decision is the successor trustee, who steps in when you die or become incapacitated. Under the Florida Trust Code (Chapter 736), the successor trustee gathers and manages trust assets, pays debts and expenses, and distributes property to your beneficiaries, all without court supervision in most cases.
The Probate-Avoidance Advantage
Because trust assets pass outside the Florida Probate Code, a good trustee can often begin distributions in weeks rather than the months a formal probate administration typically requires. There is no public court file, no statutory creditor-claim process in the same form, and no waiting on letters of administration. That efficiency depends entirely on the trustee acting promptly and correctly.
Family Member vs. Professional Trustee
A family trustee usually serves without a formal fee and knows your wishes personally, but may lack experience with accounting, investments, or Florida fiduciary duties, and can become a target if relatives disagree. A professional trustee, such as a trust company or a Florida-licensed attorney, charges an annual fee, commonly a small percentage of trust assets, but brings neutrality, recordkeeping, and continuity. For ongoing trusts that last years, such as those for minors or beneficiaries with special needs, a professional is often worth the cost.
Fiduciary Duties You Are Handing Over
Chapter 736 imposes real legal duties: loyalty to the beneficiaries, prudent investment, impartiality among beneficiaries, and a duty to keep them reasonably informed and provide accountings. A trustee who ignores these can be held personally liable. Choose someone who understands that this is a legal obligation, not a favor.
What to Look For
- Financial competence: Comfort with statements, bills, and basic investment oversight.
- Integrity and neutrality: Especially when beneficiaries have competing interests.
- Availability: Florida snowbirds should consider whether a successor can act regardless of where they live.
- Backups: Always name at least one alternate, and consider naming a trust company as a final fallback.
A Note on Florida Taxes
Florida imposes no state estate or inheritance tax, so a Florida trustee’s tax focus is usually limited to final income tax filings and any federal estate tax for very large estates, not a separate state death tax.
This article is general information, not legal advice. Trustee selection and duties under Florida Chapter 736 are nuanced. Consult a licensed Florida estate planning attorney before finalizing your trust.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
