Trust Administration Guidance for Trustees, Personal Representatives and Beneficiaries

Trust administration lawyers in Florida help trustees, personal representatives and beneficiaries work through a trust after its creator, called the settlor, dies or becomes incapacitated. Each situation is different, and the details of a particular matter can shape which questions are worth asking. Trust Counsel, PL’s lawyers advise and represent these clients. The firm’s only office is in Coral Gables, and we serve clients in Florida. Here’s what that help covers, how the work usually moves, and how fees are set.

What Trust Administration Involves in Florida and Who It Is For

Trust administration is the management of a trust’s property and obligations under its terms and Florida law. It usually begins when a trust becomes irrevocable or a successor trustee steps in, though timing depends on the trust’s history. Except as otherwise provided in the terms of the trust, the Florida Trust Code governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.

This work often involves:

• Successor trustees named to take over a trust
• Personal representatives (often called an executor) handling a probate estate alongside a trust
• Beneficiaries and heirs who want information or have questions about their share
• Families with out-of-state or foreign ties, where accounts, property or relatives sit in more than one place

The firm advises and represents trustees, personal representatives and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative, subject to the trust instrument and applicable law. The firm itself does not serve as a fiduciary.

What Our Trust Administration Attorneys Cover

Our trust administration attorneys may advise on the following questions, depending on the trust terms, applicable law and the facts of each case.

• Document review. Reading the trust, its amendments and the fiduciary’s powers under its terms.
• Beneficiary information. Depending on the trust instrument, applicable Florida law and the facts of each case, a trustee may have obligations to keep certain beneficiaries informed about the trust and its administration, which may include providing information or documents on request.
• Recordkeeping. Florida law provides that 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, and how this applies can depend on the trust’s terms and the facts of each case.
• Accountings. A trust accounting must be a reasonably understandable report, and it generally shows two values for each asset reasonably capable of valuation.
• Tax questions. According to IRS guidance, the basic exclusion amount under § 2010(c)(3) is increased to $15,000,000 for calendar year 2026. Whether any tax applies depends on the estate’s facts and federal law.
• Settlement agreements. In some circumstances, and subject to the trust instrument, applicable Florida law and the facts of each case, interested persons may be able to resolve certain trust matters by agreement without a court proceeding.

A matter may be referred to another lawyer or firm, depending on its scope. Litigation questions have their own page: see trust litigation attorney services.

How the Trust Administration Process Typically Works

Most matters move through the same broad steps, though order and timing depend on the trust and the facts.

1. Initial review. Bring the trust, any amendments, death or incapacity records and a list of known assets.
2. Confirm authority. Check who may act and what the trust allows. Under Fla. Stat. § 736.0704, a required vacancy in a noncharitable trusteeship is filled first by a person named in the trust, then by unanimous agreement of qualified beneficiaries, then by the court.
3. Notices. Under § 736.0813, a trustee generally must notify qualified beneficiaries within 60 days after accepting the trust. Trusts created before the code took effect may follow different rules.
4. Asset identification. Locate, secure and value trust property, and gather account statements.
5. Debts, expenses and taxes. Address creditor claims, expenses and required tax filings as the facts require.
6. Accounting and distribution. Prepare the accounting and make distributions as the trust terms and applicable law allow.
7. Closing. Document the final accounting, any plan for remaining assets, and the closing steps.

Each step depends on the governing instrument, applicable Florida law and the facts of each case.

Timelines, Deadlines and What Changes Them

No single timeline fits every trust, because length depends on the assets, the beneficiaries and whether disputes arise. Some factors often slow the work:

• Real estate or business interests that need valuation or sale
• Accounts or property in other states or countries
• Missing records or slow responses from beneficiaries
• Tax filings and creditor questions
• Court proceedings or litigation

Deadlines need careful reading. Under Fla. Stat. § 736.1008, a beneficiary may be barred from suing for breach of trust on a matter adequately disclosed in a trust disclosure document unless a proceeding starts within 6 months after receiving that document or a limitation notice, whichever is later. How that period applies depends on the disclosure history and the facts of each case.

Statutory deadlines don’t apply the same way to every matter. Don’t assume a date from another case applies to yours. Bring the trust, any notices you’ve received and an asset list so the attorneys can discuss likely timing.

How Legal Fees Are Set for Trust Administration Work

Attorney fees are agreed between the client and the attorney according to the scope of the work. The scope depends on the trust, its assets, the beneficiaries and the work the client requests.

• The complexity of the trust and the number of assets and accounts
• The number of beneficiaries and how much communication the work requires
• Whether a court filing, dispute or litigation is involved
• How much of the process the client wants the attorney to handle

An attorney who has served a trust may sometimes seek fees from the trust. Under Fla. Stat. § 736.1005, the attorney may apply to the court after giving notice, and the court decides the application. Florida’s fee rule, R. Regulating Fla. Bar 4-1.5, addresses illegal, prohibited and clearly excessive fees.

Why Work With Trust Counsel, PL

Trust Counsel, PL focuses on trust and estate matters. That work includes trust administration, trust and probate litigation, estate planning, estate tax planning, business succession, asset protection and guardianship.

• One office. The firm’s only office is in Coral Gables. We serve clients in Florida.
• Clear roles. The firm does not serve as a fiduciary. Its lawyers advise and represent trustees, personal representatives and beneficiaries.
• Professional fiduciaries. Attorneys who advise professional trustees and personal representatives may bring knowledge of those roles, subject to applicable law and the trust terms.
• No promised results. No lawyer can promise a particular result. Outcomes depend on the governing instrument, applicable law and the facts of each case.

Frequently Asked Questions About Trust Administration in Florida