Need a Copy of a Trust in Florida? Start With the Right Request

Short answer: who can get a copy of a Florida trust

A qualified beneficiary can ask the trustee for a complete copy of the trust. Under Fla. Stat. § 736.0813, the trustee must provide that copy upon reasonable request. You usually make the request to the trustee, not to a court or a county clerk.

The right belongs to people with a qualifying interest. Under Fla. Stat. § 736.0103, a qualified beneficiary is a living beneficiary who, on the date the beneficiary’s qualification is determined, is a distributee or permissible distributee of trust income or principal, or who would be one under the alternative conditions the statute lists. Check the trust terms to see whether you are named or qualify.

This page walks through the request, the shorter certification of trust, where the original is often kept, and what to do if the trustee stalls. Each step is tied to what the law says.

What the Florida Trust Code says about a copy of the trust

The trustee must keep qualified beneficiaries reasonably informed about the trust and its administration. That duty comes from Fla. Stat. § 736.0813. Upon reasonable request, the trustee must give a qualified beneficiary a complete copy of the trust instrument.

The trust instrument is the signed document that states the trust’s terms, including any amendments. The full copy you want is usually this document.

The duty runs to qualified beneficiaries.

Timing can matter. The 60-day clock starts when the trustee acquires knowledge of the creation of an irrevocable trust (or that a formerly revocable trust has become irrevocable), so the trustee has 60 days from that date to notify qualified beneficiaries.

One limit matters a lot.

Certification of trust: a shorter document that may be enough

A certification of trust is a short summary a trustee can give instead of the full instrument. Under Fla. Stat. § 736.1017, a trustee may use one when furnishing information to a person other than a beneficiary.

A certification can state that the trust exists and the date the trust instrument was signed. It can name the settlor and the currently acting trustee, with that trustee’s address. It can describe the trustee’s powers and whether the trust is revocable or irrevocable.

It does not need to include the dispositive terms, meaning who receives what and when. Any trustee may sign it. A recipient may also ask for excerpts from the original trust that name the trustee and confer the power to act.

For a beneficiary, the choice is practical. A certification answers who the trustee is and what the trustee can do. If you need to know what you will receive, ask for the full instrument. You can request both in the same letter.

Where to look for the original trust document

Start with the paper trail. The original trust is a signed document, so look where the person who made it kept important papers. That often means a home filing cabinet, a desk, or a safe deposit box.

Check with the attorney who drafted the trust, if one did. If a successor trustee has taken over, that person may already hold the records.

Look for amendments and restatements too. A later amendment can change the terms, so the full set matters. A pour-over will, which sends leftover assets into the trust, may name the trust by its name and date.

Records outside the home can also prove the trust exists. Tax returns, bank or brokerage statements, and closing papers for real estate held in the trust’s name may list the trust. Each record can supply the trust’s name and date, which you need for a written request.

Is a trust recorded in Florida, and what does probate show?

A trust is generally not kept in a court file the way a will is. Under Fla. Stat. § 736.0201, a trust is not subject to continuing judicial supervision unless the court orders it. A court file will not usually hand you the trust’s terms.

Real estate is the main exception that shows up in public records. A recorded deed may show that a trust holds property. Those papers typically show the trust’s name and its ownership, not its full terms.

A probate case opened for a will shows the will and the court filings. It does not replace the trust. The trust’s terms are usually held by the trustee, so a written request is the usual route to the document.

How to request the copy from the trustee in writing

A written request creates a record. That record helps if the trustee delays. Under Fla. Stat. § 736.0109, permissible methods include first-class mail, personal delivery, delivery to the person’s last known residence or place of business, and a properly directed e-mail.

A clear request includes these items:

• The trust’s full name and date, if you know them.
• Your name and how you are connected to the trust.
• The full trust instrument and every amendment.
• A certification of trust, if you need a shorter form.
• Under Fla. Stat. § 736.0813, upon reasonable request, the trustee shall provide a qualified beneficiary with relevant information about the assets and liabilities of the trust and the particulars relating to administration.
• A reasonable date for a response.

Send it by first-class mail or personal delivery. Keep a copy of everything you send and receive.

Exceptions and pitfalls when a trustee does not provide the copy

A slow reply is not always a refusal. A trustee may need time to find papers. A trustee who ignores a reasonable written request, though, should be told so in writing.

If the trustee still does not respond, a court route exists. A court case has its own steps and timing.

Two pitfalls can cost you rights:

• Signing a release. Under Fla. Stat. § 736.1012, a trustee is not liable for breach of trust if a beneficiary consented, released the trustee, or ratified the conduct. The exceptions include consent induced by improper trustee conduct, and a beneficiary who did not know their rights or the material facts. Read the trust before you sign anything.
• Waiting too long. Deadlines can start from documents you receive. Under Fla. Stat. § 736.1008, a limitation notice is a written statement that an action for breach of trust based on any matter adequately disclosed in a trust disclosure document may be barred unless the action is commenced within 6 months after receipt of the trust disclosure document or receipt of a limitation notice that applies to that trust disclosure document, whichever is later.

When to talk with a trusts and estates attorney

Talk with a lawyer if a trustee refuses or ignores a written request. A lawyer can also help if you are unsure whether you qualify as a beneficiary, or if a dispute over distributions has started.

Trust Counsel, PL focuses its practice on trust and estate matters, including trust litigation and trust administration. The firm advises and represents beneficiaries, heirs, trustees and personal representatives (often called an executor). Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm itself does not serve in that role.

The firm’s only office is in Coral Gables. Leslie V. Marenco is the responsible lawyer for this page. Its lawyers include Leslie V. Marenco and Tanya Vega. We serve clients in Fort Lauderdale and Boca Raton.

A matter may be referred to another lawyer or firm. If it is, the referral will be stated.

Trust Counsel offers a free first consultation, which is confidential and carries no obligation to continue.

Quick answers

If a parent’s trust is out of reach after a death, or a trustee has not answered your letter, call (305) 707-7126 or request a free, confidential initial consultation with Trust Counsel.