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Trust Administration in Boca Raton

Guidance for Successor Trustees in South Florida

When a loved one dies or becomes incapacitated, the person named as successor trustee inherits a set of real legal obligations, often with no prior legal training and while still processing grief. Trust administration is the process of managing and distributing a trust’s assets after the settlor has passed away or lost capacity. A revocable living trust typically becomes irrevocable at the settlor’s death, and from that point forward, Florida law governs what the trustee must do, and when.

Unlike probate, trust administration proceeds without ongoing court supervision. That puts the responsibility for compliance squarely on the trustee’s shoulders. We guide successor trustees across Boca Raton and South Florida through each obligation, from the first statutory deadline to the final distribution.

If you’ve been named a trustee and aren’t sure where to start, we’re here to help. Call us at (561) 760-9685 or request a free initial consultation, available virtually or in person at our Boca Raton office.

Experienced Attorneys for Trust Administration in Boca Raton

Founding partners Tara Wood and Christine Venezia have both been selected to Super Lawyers, and Christine holds a perfect 10.0 Top Attorney rating from Avvo. Their practice focuses on estate planning, elder law, and probate, the areas that intersect directly with every trust administration matter we handle. Across more than 2,400 cases, including complex and high-net-worth estates, we’ve helped families navigate the legal and emotional weight of administering a trust while working to avoid procedural missteps that can create lasting family conflict.

Florida Trustee Obligations Under Chapter 736

The Florida Trust Code, found in Chapter 736 of the Florida Statutes, governs how trusts must be administered, what trustees are required to do, and what rights beneficiaries hold. Understanding these obligations from the outset matters because errors can expose a trustee to personal liability.

Beneficiary Notification

Under Florida Statute § 736.0813, a trustee has 60 days from the date they acquire knowledge that a revocable trust has become irrevocable to notify all qualified beneficiaries. That notice must include the trust’s existence, the settlor’s identity, the beneficiaries’ right to request a copy of the trust instrument, and their right to receive accountings. Missing this window is one of the most common early mistakes newly named trustees make.

Notice of Trust Filing

Under § 736.05055, the trustee must file a notice of trust with the court in the county where the settlor was domiciled at the time of death. In Boca Raton, that means Palm Beach County. This filing is separate from the beneficiary notice and carries its own deadline tied to the probate proceeding.

Annual Accounting Requirements

Florida law requires a trustee to provide a formal trust accounting to each qualified beneficiary at least once per year. For trusts that remain open over time, such as a sub-trust for minor children, this obligation continues until the trust is fully distributed and closed.

The Fiduciary Standard of Care

A trustee is a fiduciary under Florida law. That means acting in the best interest of all beneficiaries, not just the ones you’re closest to. The trustee must invest trust assets prudently, keep complete records of every transaction, satisfy valid creditor claims, and make distributions strictly according to the trust’s terms. Deviating from those terms, even with good intentions, can lead to beneficiary disputes and personal liability.

What We Bring to Your Trust Administration Matter

Newly named trustees face a real tension: they’re managing legal obligations under Florida law at the same time they’re navigating a loss. We don’t treat that as background noise. It shapes how we communicate, how we pace the work, and how we explain each step in plain terms.

Our guidance is built around the specific trust document in front of us and the particular family dynamics involved, not a checklist applied the same way to every client. Trustees with straightforward distribution matters and trustees managing ongoing trusts with complex assets receive the same individualized attention.

Working with us doesn’t require coming into the office. Virtual meetings and electronic document handling let trustees across Boca Raton and South Florida move through the process without scheduling around travel. For those who prefer face-to-face, our Boca Raton office is available for in-person consultations.

Trustees who attempt to navigate Florida’s trust administration requirements without legal guidance risk missing statutory deadlines, triggering disputes among beneficiaries, or exposing themselves to personal liability. Having counsel from the start can reduce those risks and can help preserve family relationships. We offer a free initial consultation, with no pressure, so you can ask questions and understand what you’re responsible for before deciding how to proceed.

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Focused Practice That Protects Your Legacy

By dedicating our practice exclusively to estate planning, elder law, and probate, we deliver the depth of knowledge your family deserves.
Clarity You Can Rely On

We simplify complex legal processes into clear, straightforward steps so you always know your options and feel confident moving forward.
Trusted by Hundreds of Florida Families

Our reputation is built on real relationships, proven results, and the confidence families place in us during life’s most important moments.
Compassionate Guidance Through Life’s Transitions

From planning ahead to navigating loss, we walk beside you with empathy, patience, and clear guidance at every stage.
Personalized Strategies That Honor Your Wishes
We take the time to understand your goals, your family, and your future so every plan is thoughtfully tailored to reflect what matters most to you.
Free Consultations Available

We believe in helping families take the next step with confidence, which is why we offer free virtual consultations for select case types to discuss your options without obligation.

Frequently Asked Questions

LEt US Help You understand your options before taking the next step

Incapacity planning and estate planning work hand in hand to protect you during your lifetime and your loved ones afterward. Estate planning focuses on distributing assets after death, while incapacity planning ensures your wishes are followed if you cannot act for yourself. Our Boca Raton incapacity planning attorneys help you integrate both strategies into a single, cohesive plan that keeps your family secure.
If you become incapacitated without a plan, your family may have to go through Florida’s guardianship process, which requires court approval to manage your affairs. This process can delay care decisions and create financial hardship. Working with a Boca Raton incapacity planning attorney helps your loved ones avoid that uncertainty and gives them clear authority to act on your behalf.
Yes. As long as you have mental capacity, you can update or revoke your incapacity documents at any time. Life events such as marriage, divorce, agent death, or relocation may call for revisions. Our Boca Raton incapacity planning attorneys review existing documents and ensure they stay current with your wishes and Florida’s legal standards.
Choose someone you trust completely. This is usually your spouse, adult child, close relative, or friend, who can make sound decisions under pressure. Florida law allows you to name alternates in case your first choice is unavailable. Our Boca Raton incapacity planning attorneys help you weigh options and document your preferences clearly to prevent future disagreements.
A comprehensive plan includes a durable power of attorney, healthcare surrogate designation, living will, and HIPAA release of confidential medical records. In some cases, a revocable living trust is also used to manage assets during incapacity. Each document plays a role in protecting your health, finances, and privacy. Our Boca Raton incapacity planning attorneys explain how each one works under Florida law.
Without an incapacity plan, your family may need to seek guardianship through the courts to manage your affairs. This process can be stressful and time-consuming. A Boca Raton incapacity planning attorney helps you avoid that by preparing documents that give your chosen decision-makers legal authority to act immediately if needed. It keeps control in your hands and provides stability for your family.
Incapacity planning prepares you for a time when you might not be able to make financial, medical, or personal decisions due to illness, injury, or cognitive decline. It involves setting up documents like powers of attorney, living wills, and healthcare directives to ensure someone you trust can act on your behalf. In Boca Raton, an incapacity planning attorney helps you meet Florida’s legal requirements and avoid court intervention during difficult times.
Under Florida’s estate recovery program, the state can sometimes seek reimbursement from assets owned at the time of death. However, with proactive planning, including irrevocable trusts and properly titled property, recovery can often be avoided. Our Boca Raton Medicaid planning attorneys help you structure your estate to protect your loved ones and minimize exposure to recovery claims.

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Trust Administration Services for Boca Raton & South Florida Families

We assist trustees and families with the full range of administration tasks that arise after a settlor’s death or incapacity. Our background in estate planning, elder law, and probate means we understand how trusts interact with the broader estate, the probate process, and long-term care planning.

Services we provide to trustees include:

Reviewing and interpreting the trust document and any amendments to identify the trustee’s specific powers, duties, and the distribution schedule
Filing the notice of trust with the appropriate Florida court
Notifying qualified beneficiaries within the timeframes required under Florida law
Inventorying and securing trust assets, including real estate, financial accounts, investments, and personal property
Managing creditor claims and ensuring valid debts are satisfied before distributions occur
Coordinating tax filings for the trust, including the trust’s income tax return where applicable
Preparing and delivering trust accountings to qualified beneficiaries
Distributing trust assets to beneficiaries according to the trust’s terms with complete documentation
Advising on disputes between trustees and beneficiaries before conflicts escalate

We work with revocable living trusts that have become irrevocable at death, irrevocable trusts, special needs trusts, and spendthrift trusts. Whether the trust is straightforward or involves a high-net-worth estate with multiple asset classes, we provide clear guidance at each stage.

Talk to a Trust Administration Attorney at No Cost

The sooner a newly named trustee gets legal guidance, the easier it can be to address Florida’s deadlines and keep the process on track. We offer free initial consultations, available virtually or in person at our Boca Raton office, so you can get your questions answered before committing to anything.

Contact LEEP LAW GROUP today at (561) 760-9685 or reach out through our website to schedule your free consultation. We’re ready to help you handle this responsibly and with confidence.

The Trust Administration Process: A Step-by-Step Overview

If you’ve just been named a successor trustee, the list of obligations can feel overwhelming. Here’s what the administration process generally looks like from start to finish under Florida law.

Step 1: Review the Trust Document

Begin by locating the original trust document and any amendments. This establishes the trust’s terms, identifies the named beneficiaries, and defines your specific powers and duties as trustee. Don’t rely on your memory of what the trust says. Read it carefully, and if the language is unclear, consult an attorney before taking any action.

Step 2: File the Notice of Trust

Under § 736.05055, you must file a notice of trust with the court in the county where the settlor was domiciled at death. For South Florida trustees, that typically means Palm Beach County or Miami-Dade County, depending on the settlor’s residence.

Step 3: Notify Qualified Beneficiaries

Under Florida Statute § 736.0813, once you acquire knowledge that the trust has become irrevocable, you have 60 days to notify all qualified beneficiaries of the trust’s existence, their rights, and your identity as trustee. This notice has specific content requirements and must be delivered in writing.

Step 4: Inventory and Secure Trust Assets

Identify every asset held in the trust, including real estate, bank and investment accounts, business interests, and personal property. Secure those assets and obtain professional valuations where needed to establish a date-of-death value for each.

Step 5: Address Creditor Claims

Notify known creditors and allow them the opportunity to present valid claims. Valid debts and final expenses of the settlor must be paid from trust assets before any distributions are made to beneficiaries.

Step 6: Handle Tax Filings

Depending on the trust’s income and structure, you may need to file a federal income tax return for the trust using IRS Form 1041. Consult a tax professional or your trust administration attorney to determine which filings apply to your situation.

Step 7: Distribute Assets to Beneficiaries

Once debts, expenses, and taxes are resolved, distribute the remaining assets to beneficiaries according to the trust’s terms. Keep thorough records of every distribution, including amounts, dates, and the assets transferred.

Step 8: Provide Accountings and Close the Trust

For trusts that distribute fully at death, prepare a final accounting for all qualified beneficiaries before closing the trust. For ongoing trusts, such as a sub-trust for minor children, annual accountings are required for as long as the trust remains open.

Client Experiences That Speak for Themselves

Real stories. Real peace of mind.

This will be my “go to” firm going forward
“This was a great experience”

- Rene J.
Highly recommend this practice for elder law
“Tara was so knowledgeable and patient explaining every detail”

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Definitely a 5-star team
“From start to finish, and they really took the time to make sure everything was handled correctly”

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Highly responsive and helpful staff
“Got everything I needed to get my affairs in order”

- Snyder B.
Crissy Venezia is an excellent attorney
“she listens and strives to understand before answering questions”

- Timothy E.

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Your Next Steps for Building a Lasting Estate Plan

1
Schedule a Consultation with a Boca Raton Estate Planning Attorney

Starting with professional guidance helps you avoid gaps and misunderstandings.
2
Review Existing Documents

Update any old wills, trusts, or powers of attorney so they align with your current life stage.
3
Discuss Long-Term Goals

Talk about future care needs, retirement plans, and how you want assets managed or distributed.
4
Take Inventory of Your Assets and Accounts

Record properties, investments, and insurance policies to form the foundation of your plan.
5
Stay Consistent and Informed

Estate planning is an ongoing process. Revisit your plan every few years or during major life events to keep it accurate and effective.

Ready to Take the Next Step?

Start With a Consultation

When you’re ready to plan ahead or navigate a life transition, LEEP LAW GROUP is here with clear guidance and compassionate support.

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