A Notice of Trust is a crucial legal document that informs the probate court and other interested parties of a trust’s existence upon the death of a settlor (the person who created the trust). Filing a Notice of Trust in Florida is an essential step in managing estate affairs, ensuring that assets held in a trust are properly administered without becoming entangled in the probate process.

What Is a Notice of Trust?

A Notice of Trust is a legal filing required under Florida Statute 736.05055, which mandates that the trustee of a revocable trust must file this notice with the probate court upon the settlor’s death. The purpose of this filing is to provide transparency and notify creditors of the trust’s existence.

Steps to File a Notice of Trust in Florida

1. Prepare the Notice of Trust Document

The Notice of Trust must include the following information:

• The name of the trust and date of creation
• The name of the settlor (deceased)
• The name and contact information of the trustee
• A statement confirming that the trust is now irrevocable due to the settlor’s passing

2. File the Notice of Trust with the Probate Court

The Notice of Trust must be filed in the probate court of the county where the deceased settlor resided. If the decedent had multiple residences, filing in the primary county of residence is recommended.

3. Pay the Filing Fee

There may be a nominal fee associated with filing the Notice of Trust. The exact amount varies by county, so check with the local probate court for details.

4. Notify Creditors and Interested Parties

Once the Notice of Trust is filed, it becomes part of the public record. This filing serves as an official notification to creditors, giving them a specific timeframe to make claims against the trust if necessary.

Why Filing a Notice of Trust Is Important

Filing a Notice of Trust in Florida ensures that the trust operates as intended and that assets remain protected from unnecessary probate proceedings. Additionally, it helps streamline creditor claims and confirms the trustee’s authority to manage trust assets.

Get Legal Assistance for Trust Administration

Navigating Florida’s trust and estate laws can be complex. At Lumsden Law Firm, we specialize in trust administration and estate planning, ensuring that your legal documents are properly filed and your loved one’s assets are protected. Contact us today for expert guidance on filing a Notice of Trust and managing estate affairs efficiently.

For personalized legal support, visit Lumsden Law Firm or call us to schedule a consultation.