Trust Administration Attorney | Coral Gables, Florida
Guiding Florida Trusts Through Administration, One Step at a Time
Trustees, personal representatives and beneficiaries often face unfamiliar duties at a difficult time. Here is how the firm approaches that work.
By Leslie V. Marenco · Published November 13, 2026
Trust Administration Attorney in Boca Raton | Trust Counsel
If a parent or spouse just named you successor trustee, or left you a share of a trust, you probably have more questions than answers. In short, a successor trustee’s job is to carry out the trust’s terms under Florida law.
It is written for Boca Raton and Palm Beach County readers who want plain answers before they act.
If you've just been named successor trustee or received a notice from a trustee, a free discovery call can help you sort out your next step, and you don't have to face it alone. Talk it through with Trust Counsel, PL — the first discovery call is free, confidential, and carries no obligation.
Who This Boca Raton Trust Administration Page Is For
This page is for Boca Raton and Palm Beach County adults who have just become successor trustee, or who are a beneficiary, of a Florida trust. If you’re looking for a trust administration attorney in Boca Raton, this guide explains what the work involves.
Trust Counsel, PL’s only office is in Coral Gables, Florida. We serve clients in Boca Raton and across Palm Beach County. Leslie V. Marenco is the responsible lawyer for this page, and the firm has more than one lawyer.
Below, you’ll find the administration steps, the duties of trustees and beneficiaries, how trust administration compares with probate, and where trust disputes begin.
What Trust Administration Involves in Florida
A successor trustee gathers the trust’s property, gives notices, pays valid bills, and distributes what remains. The trust document sets the order and timing, and Chapter 736 of the Florida Statutes sets the rules the trustee must follow.
A typical administration runs in roughly this order:
- Find the original trust document and any amendments.
- Identify the trust’s assets and known debts.
- Give the notices the statute requires.
- Inventory the assets and pay valid debts, expenses and taxes.
- Distribute property under the trust terms.
Once a trustee accepts the role, the trustee must administer the trust in good faith, in accordance with its terms and the interests of the beneficiaries. Fla. Stat. § 736.0801 sets that duty. When the trust ends, the trustee must distribute property expeditiously, but may keep a reasonable reserve for debts, expenses and taxes under Fla. Stat. § 736.0817.
One mistake to avoid is distributing shares before the asset list and the bills are known.
Trust Administration Versus Probate for Boca Raton Families
Assets titled in the trust generally pass under the trust’s terms. Assets left in the deceased person’s own name may need probate. Whether probate is needed depends on the facts.
Probate is a court process. ACTEC’s probate overview notes that probate disputes can require court involvement.
Start with a titling review. Pull every deed, bank and brokerage account, and retirement or insurance beneficiary form, and note the name on each one. A Boca Raton family may own real estate or accounts in more than one county or state. List each one early, because one missed asset can delay the whole administration.
Duties of a Successor Trustee and How an Attorney Helps
A successor trustee must act solely for the beneficiaries, act prudently, and keep clear records. These duties come from the Florida Trust Code, and the trustee’s notice duty runs within 60 days after acceptance of the trust.
The trustee must administer the trust solely in the interests of the beneficiaries, as Fla. Stat. § 736.0802 provides. The trustee must also administer the trust as a prudent person would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust, using reasonable care, skill and caution, under Fla. Stat. § 736.0804.
Records matter too. Under Fla. Stat. § 736.0810, a trustee shall keep clear, distinct, and accurate records of the administration of the trust, and shall keep trust property separate from the trustee’s own property. Except as subsection (4) provides, a trustee shall cause trust property to be designated so that, to the extent feasible, the trust’s interest appears in records maintained by a party other than a trustee or beneficiary. A trustee may invest as a whole the property of two or more separate trusts only if the trustee maintains records clearly indicating the respective interests.
Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries. An attorney can review the trust document, draft notices, organize records, and answer questions before a distribution decision is made.
Beneficiary Rights and When a Trust Dispute Arises
Beneficiaries have a right to know what the trust holds and how it is run. The trustee must keep qualified beneficiaries reasonably informed, under Fla. Stat. § 736.0813.
Within 60 days after accepting the trust, the trustee must notify qualified beneficiaries of the acceptance, give the trustee’s full name and address, and state that the fiduciary lawyer-client privilege in s. 90.5021 applies to the trustee and any attorney the trustee employs. A trust accounting must be a reasonably understandable report, under Fla. Stat. § 736.08135.
Timing matters most when a trust was revocable at death. An action contesting the trust’s validity is barred if not started within the earlier of the chapter 95 period or six months after the trustee sends the required copy and notice. See Fla. Stat. § 736.0604.
Friction usually comes from delayed distributions, disagreements over asset values, and questions about a trustee’s decisions. ACTEC on estate settlement notes that disputes among beneficiaries, family members or creditors can lead to court involvement. When a dispute needs litigation, Trust Counsel represents beneficiaries and fiduciaries in trust and probate litigation.
Not sure what your next step is?
Talk it through with Trust Counsel, PL — the first discovery call is free, confidential, and carries no obligation.
Questions Boca Raton Families Ask About Trust Administration
What must a successor trustee do first?
Within 60 days after accepting the role, the trustee must notify qualified beneficiaries of the acceptance, the trustee’s full name and address, and that the fiduciary lawyer-client privilege in s. 90.5021 applies to the trustee and any attorney the trustee employs. See Fla. Stat. § 736.0813.
Can the trustee also be a beneficiary?
A trustee who is also a beneficiary must still administer the trust solely in the interests of the beneficiaries. See Fla. Stat. § 736.0802.
What if the trust document is missing or unclear?
The trustee must administer the trust in accordance with its terms, so the original document and any amendments are the starting point. See Fla. Stat. § 736.0801.
Who takes over if the named successor declines?
When a trusteeship must be filled, the trust’s named successor comes first. See Fla. Stat. § 736.0704.
Speak With Trust Counsel About Your Boca Raton Trust
If you hold the trust document after a death or incapacity, or you received a notice from a trustee, a short call can clarify your next step.
Bring the trust document and any amendments, a list of known accounts and property, and any notice you have received. The free discovery call is confidential and carries no obligation to continue.
Book your free discovery call by phone at (305) 707-7126 or through our online scheduling page.
How Trust Counsel Approaches Trust Administration
Review of the trust document
Administration starts with the trust instrument, which sets out the duties the trustee must carry out and the terms that govern distributions.
Advice for every side of the trust
The firm advises and represents trustees, personal representatives and beneficiaries. Trust Counsel's attorneys can serve individually as trustee or personal representative.
Clear communication
Administration involves notices and updates that keep beneficiaries informed about the process and what happens next.
Steps in a logical order
Tasks move in sequence, from identifying assets through paying obligations, accounting and final distribution.
Act with Counsel Before You Distribute Assets
Trust administration decisions can carry personal legal responsibility for the person in the role. Before accepting the role, paying claims or distributing property, a fiduciary should understand the duties involved.
Common Trust Administration Tasks
Locating and inventorying assets
Identifying what the trust holds, including real property, accounts and business interests, is the foundation of the administration.
Notices to beneficiaries
Trust administration includes notifying qualified beneficiaries of the trust and the trustee's role, with information they need to understand their interests.
Paying debts, expenses and taxes
Obligations of the trust and its settlor must be identified, evaluated and paid in an orderly manner before assets are distributed.
Accounting and distribution
Records of receipts, expenses and distributions support the final accounting. We serve clients in Boca Raton and throughout Florida from our Coral Gables office.