Notice of Trust in Florida

What Is a Notice of Trust?

A notice of trust is a legal document filed with the court in Florida that informs the public and potential creditors that a trust has been established for a deceased person.

It serves to notify interested parties that the trustee is now managing the decedent’s assets.

How Does a Notice of Trust Work?

In Florida, a notice of trust is the formal notice that a trustee provides to the public that the trustmaker has deceased. Upon the trustmaker’s death, Florida Statute 736.05055 requires that the successor trustee file a “notice of trust” with the court of the county of the trustmaker’s domicile. “Domicile” is where the decedent resided at the time of their death.

The statute requires certain information to be included in the Notice of Trust. The Notice of Trust must contain the trustmaker’s name, date of death, the title of the living trust, if any, the date of trust execution, and the successor trustee’s address. A Notice usually includes a statement that the trust is liable for expenses of probate administration and the decedent’s debts if the probate estate is insufficient to pay all debts.

The Notice of Trust is filed in the probate case if the decedent’s personal representative has initiated a probate proceeding. Absent an existing probate, the Clerk of Court will file and index the Notice.

The purpose of the Notice of Trust is to give public notice of the trust’s existence and the successor trustee’s contact information so that creditors are aware of assets available to pay creditor claims.

Notice to Trust Beneficiaries

In Florida, a Notice to Trust Beneficiaries is a formal document that is provided to all beneficiaries of a trust after the death of the settlor (the person who created the trust). This document is sent by the trustee (the person or entity responsible for managing the trust assets), and it notifies the beneficiaries about the trust’s existence, the identity of the settlor and trustee, the right to request a copy of the trust documents, and the right to account information.

According to the Florida Trust Code (Sections 736.0101-736.1301), within 60 days after acceptance of the trust, the trustee must give notice to the qualified beneficiaries of the trust’s existence, the identity of the settlor, the right to request a copy of the trust instrument, and the right to a trustee’s report.

Moreover, if a beneficiary requests it, the trustee is obligated to provide complete and accurate information about the nature and amount of the trust property. A trustee who fails to comply with the duty to inform and report commits a breach of trust, which could have legal consequences.