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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.

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Key Florida Trust Code provisions

  • Life insurance policies; disposition of proceeds

    § 222.13 ↗

    Proceeds of a life insurance policy payable to a named beneficiary are generally exempt from the claims of the insured's creditors, subject to statutory conditions.

  • Exemption of cash surrender value of life insurance and annuity proceeds

    § 222.14 ↗

    The cash surrender value of life insurance policies and the proceeds of annuity contracts are generally exempt from creditors of the insured/annuitant, subject to statutory conditions.

  • Exemption of pension money and certain retirement funds

    § 222.21 ↗

    Money in qualified pension and retirement plans is generally exempt from creditors' claims, subject to statutory conditions.

  • No exemption for fraudulent transfers

    § 222.29 ↗
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Generally, an exemption under this chapter is not effective if it results from a fraudulent transfer or conveyance as provided in chapter 726; this can include transfers made with actual intent to hinder, delay, or defraud a creditor as well as certain transfers made without receiving reasonably equivalent value, subject to statutory conditions.

  • Fraudulent asset conversions

    § 222.30 ↗

    Addresses converting non-exempt assets into exempt assets with intent to hinder, delay, or defraud a creditor, and the remedies available.

  • Transfers fraudulent as to present and future creditors

    § 726.105 ↗

    Under Florida's Uniform Fraudulent Transfer Act, a transfer may be fraudulent as to a creditor if made with actual intent to hinder, delay, or defraud, or in certain circumstances without receiving reasonably equivalent value.

  • Transfers fraudulent as to present creditors

    § 726.106 ↗

    Addresses transfers that may be fraudulent as to a creditor whose claim arose before the transfer, including certain transfers for less than reasonably equivalent value while insolvent.

  • Devise of homestead

    § 732.4015 ↗

    Restricts devise of homestead if the owner is survived by a spouse or minor child, with trust-specific rules.

  • Trustee's power to invade principal in trust (decanting)

    § 736.04117 ↗

    Clear, simple explanation pending Florida attorney review. See the official statute via the link above.

  • Rights of a beneficiary's creditor or assignee

    § 736.0501 ↗

    Addresses the extent to which a beneficiary's creditor or assignee may reach the beneficiary's interest in a trust, subject to spendthrift and discretionary-trust rules.

  • Spendthrift provision

    § 736.0502 ↗

    A spendthrift provision is valid only if it restrains BOTH voluntary and involuntary transfer of a beneficiary's interest. A one-sided restraint may not be effective.

  • Exceptions to spendthrift provision

    § 736.0503 ↗

    Identifies claims that may reach a beneficiary's interest despite a spendthrift provision (for example, certain support or governmental claims) — exceptions an attorney must evaluate.

  • Discretionary trusts; effect of standard

    § 736.0504 ↗

    Addresses a creditor's ability to reach distributions from a discretionary trust, including where distributions are subject to a standard, and protections for the trustee's discretion.

  • Creditors' claims against settlor

    § 736.0505 ↗

    Property of a revocable trust is generally subject to the claims of the settlor's creditors during the settlor's lifetime, to the extent the property is not otherwise exempt. This is why a revocable trust is not, by itself, asset protection for the settlor.

  • Overdue distribution

    § 736.0506 ↗

    Addresses when a mandatory or overdue distribution a beneficiary is entitled to receive may be reached by the beneficiary's creditor.

  • Personal obligations of trustee

    § 736.0507 ↗

    Trust property is not subject to the trustee's personal obligations, even if the trustee becomes insolvent or bankrupt — reinforcing that trust property must be kept separate.

  • Duties owed to settlor while trust is revocable

    § 736.0603 ↗

    While a trust is revocable, the trustee's duties are generally owed exclusively to the settlor. Important for pre-death successor-trustee readiness.

  • Limitations on action contesting validity of revocable trust

    § 736.0604 ↗

    Clear, simple explanation pending Florida attorney review. See the official statute via the link above.

  • Duty to administer trust in good faith

    § 736.0801 ↗

    On acceptance, a trustee must administer the trust in good faith, according to its terms and purposes, the interests of beneficiaries, and the Florida Trust Code.

  • Duty of loyalty

    § 736.0802 ↗

    The trustee must administer the trust solely in the interests of the beneficiaries; certain conflicted transactions are voidable.

  • Duty of impartiality

    § 736.0803 ↗

    If a trust has two or more beneficiaries, the trustee must act impartially, giving due regard to their respective interests — not mechanical equality.

  • Prudent administration

    § 736.0804 ↗

    The trustee must administer the trust as a prudent person would, considering its purposes, terms, distribution requirements, and circumstances.

  • Costs of administration

    § 736.0805 ↗

    Clear, simple explanation pending Florida attorney review. See the official statute via the link above.

  • Trustee's skills

    § 736.0806 ↗

    Clear, simple explanation pending Florida attorney review. See the official statute via the link above.

  • Delegation by trustee

    § 736.0807 ↗

    Clear, simple explanation pending Florida attorney review. See the official statute via the link above.

  • Powers to direct

    § 736.0808 ↗

    Clear, simple explanation pending Florida attorney review. See the official statute via the link above.

  • Control and protection of trust property

    § 736.0809 ↗

    The trustee must take reasonable steps to take control of and protect trust property.

  • Recordkeeping and segregation of trust property

    § 736.0810 ↗

    The trustee must keep clear records and keep trust property separate from personal property (no commingling).

  • Enforcement and defense of claims

    § 736.0811 ↗

    Clear, simple explanation pending Florida attorney review. See the official statute via the link above.

  • Collecting trust property

    § 736.0812 ↗

    Clear, simple explanation pending Florida attorney review. See the official statute via the link above.

  • Duty to inform and account

    § 736.0813 ↗

    The trustee must keep qualified beneficiaries reasonably informed, including 60-day notice duties after acceptance and after a formerly revocable trust becomes irrevocable due to the settlor's death, plus trust-copy and accounting rights.

  • Trust accountings

    § 736.08135 ↗

    A trust accounting must be a reasonably understandable report identifying the trust, trustee, and period; cash and property transactions; assets and liabilities; and income/principal allocation.

  • Discretionary powers; trustee-beneficiary limits

    § 736.0814 ↗

    Discretionary powers must be exercised in good faith per the trust's terms and beneficiary interests; a beneficiary-trustee generally cannot make discretionary distributions to themselves except within a health, education, maintenance, and support (HEMS) standard.

  • General powers of trustee

    § 736.0815 ↗

    A trustee may exercise powers granted by the trust and those appropriate to manage trust property — always subject to fiduciary duties.

  • Specific powers of trustee

    § 736.0816 ↗

    Lists specific powers: collect/sell property, deposit funds, borrow, operate a business, manage real estate, lease, insure, pay claims and taxes, hire professionals, make distributions, and wind up the trust.

  • Remedies for breach of trust

    § 736.1001 ↗

    Sets out the remedies available for a breach of trust.

  • Limitations on proceedings against trustees

    § 736.1008 ↗

    Clear, simple explanation pending Florida attorney review. See the official statute via the link above.

    • Related reading

    • The §736.1007 attorney fee, explained →
    • Florida Trustee compensation: §736.0708, explained →
    • Executing a Trust termination in Florida →

    Frequently asked questions

    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.

    General information about Florida law, not legal advice.

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    • TrusteeClear. General information about Florida Trustee duties, not legal advice. Using these tools does not create an attorney-client relationship. AI organizes and drafts; TrusteeClear never files or sends anything on your behalf. Where attorney review happens, it is your firm's attorney or an independent attorney you engage directly. AI observations and chat are informational only — not legal advice, and not attorney-reviewed.