Received a Trust Notice in Florida? Get Clear Answers Early

If you just received a notice of trust in Florida, the first question is usually how long you have to act. An action to contest the validity of a trust that was revocable at the settlor’s death is barred if not commenced within the earlier of: the time provided in chapter 95, or six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding (Fla. Stat. § 736.0604). One is the general time limit in chapter 95 of the Florida Statutes. The other is six months after the trustee sent you a copy of the trust and a notice. Fla. Stat. § 736.0604 sets that rule. This guide explains the trust notice deadline for beneficiaries in plain words.

What Is a Florida Trust Notice, and Why Does It Start a Clock?

A notice of trust is a written notice that tells a beneficiary a trust exists. It also gives the trustee’s name and address and the time allowed to start a court case. Often it’s the first formal paper a beneficiary sees.

Its date can matter. The six-month period in the contest statute runs from when the trustee sent the materials, so the notice is a starting point you can check.

A trust has to exist before anyone can contest it. Under Fla. Stat. § 736.0402, a trust is created only if the settlor has capacity and intends to create it. It also needs a definite beneficiary or an allowed exception, trustee duties to perform, and that the same person is not both the sole trustee and the sole beneficiary.

This page covers the contest deadline and the notice duties that go with it. For the wider picture, read our trust litigation attorney page.

What Are the Two Time Limits for Contesting a Florida Trust?

For a trust that was revocable at the settlor’s death, the earlier of the time limits set out in Fla. Stat. § 736.0604 controls. The first date is the general limit in chapter 95. The second is six months after the trustee sent the copy and notice.

Many people overlook the six-month date. It counts from the day the trustee sent the materials, not the day you opened them. That makes the mailing record important.

Here is a simple way to think about it. Suppose the trustee mailed the packet on one day. Count six months forward from that day. Then compare that date with the chapter 95 date. The earlier one is the date to watch.

A contest also can’t start too early. Under Fla. Stat. § 736.0604, a challenge to the validity of a trust that was revocable at the settlor’s death is time-barred unless it is brought within the earlier of the period provided in chapter 95 or six months after the trustee sent the person a copy of the trust instrument with a notice of the trust’s existence, the trustee’s name and address, and the time allowed to start a proceeding. Fla. Stat. § 736.0207 sets a different rule: an action to contest a revocable trust may not be commenced until the trust becomes irrevocable by its terms or by the settlor’s death, and it does not prohibit such an action by the guardian of the property of an incapacitated settlor.

Is a Notice of Trust Required in Florida?

Yes. Florida law requires trustees to send certain notices, and the timing depends on how the trust came to be irrevocable.

Fla. Stat. § 736.0813 requires the trustee to give the qualified beneficiaries notice within 60 days after acceptance of the trust, stating 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, but while a trust is revocable, the trustee’s duties under this section extend only to the settlor. This paragraph does not apply to a trustee who accepted the trusteeship before the effective date of this code, and it also does not apply to an irrevocable trust created before that date or to a revocable trust that became irrevocable before that date. The notice covers the acceptance, the trustee’s full name and address, and that the fiduciary lawyer-client privilege in s. 90.5021 applies with respect to the trustee and any attorney employed by the trustee. Fla. Stat. § 736.0813 sets this duty.

The same section also requires a 60-day notice when a formerly revocable trust becomes irrevocable. That notice must state the trust’s existence, the identity of the settlor or settlors, your right to request a copy of the trust instrument, your right to accountings, and that the fiduciary lawyer-client privilege in s. 90.5021 applies with respect to the trustee and any attorney employed by the trustee.

For certain trusts, the trustee must also file a notice of trust with the court after the settlor dies. That filing must name the settlor, the date of death, the trust’s title and date, and the trustee’s name and address. Fla. Stat. § 736.05055 covers this filing.

Delivery method matters too. Notice can go by first-class mail, personal delivery, or e-mail. It can also go to the person’s last known home or business. Fla. Stat. § 736.0109 requires a method reasonably suited to the circumstances and likely to result in receipt.

What Happens If a Beneficiary Was Never Notified?

If the trustee never sent the copy and notice, the six-month trigger in the contest statute never ran. That changes the timing question.

The chapter 95 limit still sits in the statute’s wording. Whether that date has passed depends on the facts of your trust and its history.

Disputes often turn on proof. Dated mailing receipts, envelopes, postmarks, and e-mails help show what was sent and when it arrived. Keep the packaging, because the postmark can matter as much as the letter.

You also have a right to ask. Upon reasonable request, the trustee must give a qualified beneficiary a complete copy of the trust instrument. Fla. Stat. § 736.0813 sets that duty. Make the request in writing so you have a dated record.

Is Contesting a Trust the Same as Objecting to an Accounting?

No. A contest asks whether the trust is valid. An accounting objection asks whether the trustee handled the trust correctly.

In a contest, the person challenging the trust carries the burden. That person must establish the grounds for invalidity. Fla. Stat. § 736.0207 sets this burden.

Accounting claims follow different rules. For matters adequately disclosed in a trust disclosure document, a beneficiary must sue within 6 months after receiving the document or a limitation notice, whichever is later. Fla. Stat. § 736.1008 states this limit.

If a matter was not adequately disclosed, the clock works differently. Proving active concealment, which extends the repose period by 30 years, requires clear and convincing evidence (Fla. Stat. § 736.1008(6)(b)).

So one reader can face two questions at once. Is the trust valid? Was the accounting adequate? Each question needs its own date.

How Does Trust Administration Affect These Dates?

Administration usually continues while a validity case is pending. Still, no distribution can go against the rights of people the outcome could affect.

Under Fla. Stat. § 736.08165, the trustee keeps administering the trust as if no case had been filed, except that no action may be taken and no distribution may be made to a beneficiary in contravention of the rights of those who may be affected by the outcome. A court may allow an exception on good cause. That exception can come with conditions, such as a bond.

Probate runs on its own track. A personal representative (often called an executor) handles the estate. Under Fla. Stat. § 733.212, an interested person served with a notice of administration must object to the will’s validity, venue, or jurisdiction within 3 months. Otherwise those objections are forever barred.

A trust and a probate estate can run on different clocks. Don’t assume one date covers the other.

What Should You Do Right Now After Receiving a Trust Notice?

Start by recording the date each document arrived. Then keep the full packet, including every envelope.

• Note the arrival date of the notice and every trust paper.
• Keep envelopes, postmarks, and e-mail headers.
• Write down the trust’s name, the settlor’s date of death, and the trustee’s name and address.
• Put the six-month date from the mailing on your calendar, and compare it with the chapter 95 date.

Go slowly before you sign anything. Under Fla. Stat. § 736.1012, a trustee is not liable for a breach if you consented, released, or ratified the conduct. The exceptions are narrow: the consent was induced by the trustee’s improper conduct, or at the time of the consent, release, or ratification, you did not know your rights or the material facts relating to the breach.

Talk Through Your Dates With Trust Counsel

You may be reading this for a parent or sibling who can no longer handle the paperwork. A notice with a date on it is hard to sort out alone.

Bring the notice, its envelope, the trust document if you have it, and the date of death to Leslie V. Marenco, the lawyer responsible for this page, at our Coral Gables office. Call (305) 707-7126 or schedule online. The first consultation is free, confidential, and carries no obligation to continue.