If you’re navigating the responsibilities of administering a trust in Florida, one of the first and most critical steps is filing a Notice of Trust. This legal requirement ensures proper notification is given to the probate court and potential creditors of the deceased.
At Lumsden Law, we understand that this process can feel overwhelming—especially when you’re managing grief and legal responsibilities simultaneously. This guide walks you through what a Notice of Trust is, why it matters, and exactly how to file it correctly in the State of Florida.
What Is a Notice of Trust in Florida?
A Notice of Trust is a formal legal document filed with the clerk of the court in the county where the decedent (the person who has died) resided at the time of their death. It notifies the court—and any potential creditors—that a trust exists and that it may be used to administer the decedent’s estate, in whole or in part.
This process is governed by Florida Statutes §736.05055, which outlines the requirements and obligations for trustees.
Why Is Filing a Notice of Trust Important?
Filing a Notice of Trust has multiple legal implications:
- It begins the clock for creditor claims, which generally must be filed within 2 years of death—or within 90 days after receiving notice, if they are known creditors.
- It informs the probate court that a trust is involved in estate administration.
- It helps to protect trust assets from being unnecessarily entangled in probate.
- It protects the trustee from personal liability by following legal protocol.
Failing to file the notice properly can delay the estate administration process and may expose the trustee to lawsuits or personal financial risk.
Step-by-Step: How to File a Notice of Trust in Florida
Step 1: Confirm the Existence and Validity of the Trust
Ensure that you have a valid, signed trust agreement and any amendments. Florida requires that the trust was in effect at the time of the decedent’s death.
Step 2: Locate the Appropriate Court
The Notice of Trust must be filed in the probate division of the circuit court in the county where the decedent lived at the time of death.
Example: If the decedent lived in Orange County, Florida, file with the Orange County Clerk of the Circuit Court – Probate Division.
Step 3: Prepare the Notice of Trust Document
A proper Notice of Trust must include:
- The name of the decedent
- The decedent’s date of death
- The name and address of the trustee(s)
- A statement that a trust exists and may be liable for the debts of the decedent
- The title of the trust (e.g., “John Smith Revocable Living Trust”)
💡 Tip: Do not attach the full trust document to the notice—only provide what the court requires.
Step 4: File the Notice of Trust
- Visit or mail the notice to the appropriate clerk’s office.
- Pay the filing fee (usually around $40–$50 depending on the county).
- Keep a file-stamped copy for your records.
Some counties may offer electronic filing—check with your local court clerk.
Step 5: Notify Interested Parties
While the statute doesn’t require notice to be sent to beneficiaries or heirs, it’s best practice to notify the personal representative of the estate, the beneficiaries of the trust, and any known creditors to avoid confusion or legal issues.
When Should a Notice of Trust Be Filed?
Timing is everything. In Florida, the notice should be filed as soon as possible after the decedent’s death—ideally within a few weeks. While there’s no strict deadline, filing early helps minimize legal complications and starts the clock for creditor claims.
Common Mistakes to Avoid
- Missing County Jurisdiction: Filing in the wrong county can invalidate your notice.
- Incomplete or Incorrect Information: Double-check the spelling of names, addresses, and trust title.
- Waiting Too Long: Delaying notice can lead to claims against the trust.
- Failing to Consult an Attorney: Florida’s estate laws are complex—having legal guidance ensures you stay compliant.
Wills, Trusts, and Probate in Florida: How They All Connect
In many cases, the decedent may have a Last Will and Testament Florida in addition to a trust. The will may include a “pour-over clause” that directs remaining assets into the trust after probate. In this case, the trustee and the personal representative must coordinate closely to manage the estate effectively.
At Lumsden Law, we often assist clients with both probate and trust administration, ensuring a smooth and legally compliant process from start to finish.
Protecting Your Loved Ones Starts With a Plan
Whether you’re a trustee, personal representative, or a beneficiary seeking clarity on your rights, understanding the Notice of Trust process is crucial. It helps safeguard assets, reduces family conflict, and ensures that all legal obligations are met.
Let Lumsden Law Be Your Guide
As Florida estate planning attorneys, we specialize in helping individuals and families:
- Draft and administer trusts
- Navigate probate
- File all required legal notices
- Avoid unnecessary legal and financial risks
Need help filing a Notice of Trust in Florida?
Contact Lumsden Law today for a free consultation and let our experienced team guide you every step of the way.
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