When a Judge Steps In: Court-Appointed Trustees in Florida

A court appointed trustee in Florida is a neutral fiduciary that a judge names to hold and manage trust property when the trust’s own plan can’t keep running as written. This guide explains the court appointed trustee Florida process in plain terms: when it applies, what the trustee must do, and how a case moves.

Leslie V. Marenco is the responsible lawyer for this page. Tanya Vega is also a lawyer at Trust Counsel, PL. The firm’s only office is in Coral Gables, Florida.

What a Court Appointed Trustee Is in Florida

A court appointed trustee is a fiduciary that a Florida court names when a trust needs someone to hold and administer its property. The trust document still comes first, and the court acts only as Florida law allows.

• The trust comes first. A court steps in when an interested person invokes its jurisdiction or the law provides for it (Fla. Stat. § 736.0201). The trust’s terms still define its purpose and the beneficiaries’ interests.
• The case starts with a complaint. Trust proceedings begin by filing a complaint under the Florida Rules of Civil Procedure, with listed exceptions. A trust is not under continuing court supervision unless the court orders it.
• The duties run to beneficiaries. A trustee must administer the trust in good faith, according to its terms and the beneficiaries’ interests (Fla. Stat. § 736.0801).

Situations That Lead a Florida Court to Appoint a Neutral Trustee

• A vacancy. A vacancy occurs if a designated trustee declines, can’t be identified or does not exist, or if a trustee resigns, is disqualified or removed, dies, or is adjudicated incapacitated (Fla. Stat. § 736.0704). A vacancy must be filled if no trustee remains. If co-trustees remain, it need not be filled.
• Priority order. For a noncharitable trust, the named successor fills the vacancy first. Unanimous qualified beneficiaries come second, and a court appointment comes last. A court appointment is often the final step, not the first.
• Removal for cause. The settlor, a co-trustee, or a beneficiary may ask the court to remove a trustee (Fla. Stat. § 736.0706). Grounds include a serious breach of trust and persistent failure to administer the trust.
• Changed circumstances. Removal can also follow a substantial change of circumstances, or a request by all qualified beneficiaries, if the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable successor is available (Fla. Stat. § 736.0706).
• An extra fiduciary. The court may appoint an additional trustee or special fiduciary when it finds that necessary, even without a vacancy (Fla. Stat. § 736.0704).

Core Statutory Duties a Florida Trustee Must Follow

A Florida trustee must act in good faith, stay loyal to beneficiaries, treat them impartially, manage assets prudently, and keep them informed.

• Good faith. The trustee follows the trust’s terms and purposes, and the interests of the beneficiaries (Fla. Stat. § 736.0801).
• Loyalty. The trustee acts solely for the beneficiaries. A deal hit by a conflict with the trustee’s personal interests can be voided by an affected beneficiary, unless an exception applies (Fla. Stat. § 736.0802).
• Impartiality. With two or more beneficiaries, the trustee weighs each one’s respective interests fairly (Fla. Stat. § 736.0803).
• Prudence. A trustee must administer the trust as a prudent person would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust, and in doing so must exercise reasonable care, skill, and caution (Fla. Stat. § 736.0804).
• Information and accounts. The trustee gives notice of acceptance within 60 days and provides a trust copy on reasonable request. Under Florida law, a trustee of an irrevocable trust shall provide a trust accounting to each qualified beneficiary at least annually and on termination of the trust or on change of the trustee. When a family trust company is trustee of an irrevocable trust, the trust’s terms may permit accounting only at termination, when a trustee ceases to serve, or on a qualified beneficiary’s or representative’s demand. A qualified beneficiary may waive the duty to account, and may later withdraw that waiver, in writing (Fla. Stat. § 736.0813).
• Accounting contents. Trust accountings are provided as set forth in Fla. Stat. § 736.08135, and the trustee must keep the qualified beneficiaries reasonably informed of the trust and its administration (Fla. Stat. § 736.0813). A trust accounting must show all cash and property transactions, including compensation paid to the trustee and the trustee’s agents (Fla. Stat. § 736.08135).

How the Appointment Process Typically Unfolds

The court appointed trustee Florida process usually begins with a filed complaint, then notice, a hearing, and the new trustee taking control. Timing depends on the facts, including whether anyone opposes the request.

A case may be filed in a county where venue is proper under chapter 47, where the beneficiary suing or being sued resides or has its principal place of business, or where the trust has its principal place of administration (Fla. Stat. § 736.0204).

1. Review the documents. Read the trust, list the assets, and gather any accountings. This shows the trustee problem and the relief needed.
2. File the complaint. File in a proper venue under the Florida Rules of Civil Procedure.
3. Give notice. Notify the qualified beneficiaries and other interested people so they can respond.
4. Attend the hearing. The court reviews the trust terms, the evidence of need, and the proposed fiduciary.
5. Take control. The new trustee takes charge of trust property and starts the accounting duties.

While a removal request is pending, the court may order relief to protect trust property or beneficiaries (Fla. Stat. § 736.0706).

Trustee Compensation, Powers, and What Beneficiaries Should Expect

A trustee is entitled to reasonable compensation when the trust is silent on pay. The court can adjust pay that the trust does set.

• No stated pay. The trustee gets compensation that is reasonable under the circumstances (Fla. Stat. § 736.0708).
• Stated pay. The trustee gets the amount the trust specifies. The court may allow more or less if duties differ substantially from those planned, or if the amount is unreasonably low or high (Fla. Stat. § 736.0708).
• Attorney-trustees. For trusts executed by a Florida resident on or after October 1, 2020, an attorney serving as trustee, or a related person, generally can’t take trustee pay if that attorney drafted or supervised the appointing trust. Exceptions apply, such as required disclosures to the settlor first (Fla. Stat. § 736.0708). Exceptions apply, such as required disclosures to the settlor first (Fla. Stat. § 736.0708).

How Trust Counsel Works With Trustees, Personal Representatives and Beneficiaries

Trust Counsel advises and represents trustees, personal representatives and beneficiaries in trust and probate matters. The firm itself does not act as a fiduciary.

• Trust Counsel’s attorneys can serve individually as trustee or personal representative.
• The firm’s only office is in Coral Gables, Florida.
• We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne and Aventura.
• Practice areas on this topic include trust litigation, probate litigation, trust administration, and guardianship.
• Some matters may be referred to another lawyer or firm. We will tell you if that applies.

A corporate fiduciary works under different rules. The Florida Office of Financial Regulation describes family trust companies and their application requirements.

Court Appointed Trustee Florida: Frequently Asked Questions

Talk With Trust Counsel About a Trust Problem

If a trust you didn’t set up has stalled, or a trustee has gone silent, you’re dealing with a problem you didn’t choose. Trust Counsel can review your facts with you. Call (305) 707-7126 or schedule online. The first consultation is free, confidential, and carries no obligation to continue.