{"id":1701,"date":"2026-10-17T08:22:50","date_gmt":"2026-10-17T08:22:50","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/professional-trustee-and-executor-services\/what-does-a-trustee-do\/"},"modified":"2026-11-04T00:40:56","modified_gmt":"2026-11-04T00:40:56","slug":"what-does-a-trustee-do","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/professional-trustee-and-executor-services\/what-does-a-trustee-do\/","title":{"rendered":"What Does a Trustee Do in Florida? Duties and Powers"},"content":{"rendered":"\n
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Trusts & Estates | Coral Gables, Florida<\/p>

What a Trustee Does in Florida, and Where the Duties Come From<\/h1>

Trust Counsel, PL is a Coral Gables trusts and estates law firm. This guide explains the usual categories of trustee work, the powers a trustee may hold, and how the trust instrument and applicable Florida law shape the role.<\/p>

Call (305) 707-7126 or schedule a strategy call<\/a><\/div>
Call (305) 707-7126 or schedule a strategy call<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

Marenco \u00b7 Published October 17, 2026<\/p>\n\n

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What does a trustee do?<\/strong> In general, a trustee manages property held in a trust for the people the trust names as beneficiaries. Depending on the trust, the trustee holds legal title to that property. Exactly what the job involves depends on the trust instrument, applicable Florida law and the facts of each case.<\/p>\n

If you were just named trustee, or you’re researching a trust for a parent or sibling, this guide covers the usual categories of work. It also covers powers, record-keeping, accounting and the trade-offs of the role.<\/p>\n

What is a trustee?<\/h2>\n

A trustee is the person or institution that manages trust property for the beneficiaries. The trustee’s authority comes from the trust instrument and applicable law.<\/p>\n

Trust roles<\/a> depend on the governing trust instrument and applicable Florida law, so the roles in a given trust may differ. The settlor creates the trust. The trustee manages the trust property. The beneficiaries are the people the trust benefits. Some trusts add other roles, so the document itself matters.<\/p>\n

Under Fla. Stat. \u00a7 736.0105<\/a>, except as otherwise provided in the terms of the trust, the trust code governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary. The trust’s own terms usually come first.<\/p>\n

Who may serve as trustee depends on the governing trust instrument and applicable Florida law; a trustee may be an individual or an attorney serving individually. Trust Counsel’s attorneys can serve individually as trustee or personal representative, depending on the governing instrument and applicable law. Depending on the governing instrument and applicable law, the firm advises and represents trustees, personal representatives and beneficiaries.<\/p>\n\n

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Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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What are the three main responsibilities of a trustee?<\/h2>\n

Three categories come up most often: protecting trust property, administering the trust under its terms, and keeping beneficiaries informed. These are common categories, not fixed rules. How each one applies depends on the governing instrument and Florida law.<\/p>\n

Protecting property.<\/strong> Under Florida law, as described in Fla. Stat. \u00a7 736.0809<\/a>, a trustee’s duty to take reasonable steps to control and protect trust property depends on the governing instrument, applicable Florida law and the facts of each case. Under Fla. Stat. \u00a7 736.0810<\/a>, how a trustee handles trust property, including keeping it separate from the trustee’s own property, depends on the governing trust instrument and applicable Florida law.<\/p>\n

Administering the trust.<\/strong> Once a trusteeship is accepted, a trustee’s duty to administer the trust in good faith and in accordance with its terms and the beneficiaries’ interests depends on the governing instrument and applicable Florida law, per Fla. Stat. \u00a7 736.0801<\/a>. The prudence standard asks the trustee to act as a prudent person would. How that standard applies depends on the trust’s purposes, terms and the facts of each case.<\/p>\n

Keeping beneficiaries informed.<\/strong> Under Fla. Stat. \u00a7 736.0813<\/a>, a qualified beneficiary may be entitled to request a copy of the trust instrument and information about the trust, depending on the governing trust instrument, applicable Florida law and the facts of each case. The timing and scope depend on the instrument and the facts.<\/p>\n

How trust assets are managed and administered<\/h2>\n

Trust assets are whatever property the trust holds, and the trustee manages them. Common examples include real estate, bank and brokerage accounts, business interests and personal property. The actual list depends on what the trust owns.<\/p>\n

In practice, a trustee often identifies the assets, takes control of them and keeps clear records. Some assets may need to be retitled in the trust’s name. The steps and their timing depend on the trust terms and the facts of each case.<\/p>\n

Whether a trustee’s investment decisions meet the applicable standard depends on the governing trust instrument, applicable Florida law and the facts of each case. That standard is applied in light of the trust’s purposes and terms, not a single formula. Depending on the governing trust instrument and applicable Florida law, a trustee may be able to hire attorneys, accountants or agents and pay reasonable costs from trust assets.<\/p>\n

What powers does a trustee have?<\/h2>\n

A trustee’s powers usually start with the trust instrument. Depending on the governing instrument and applicable Florida law, default powers may apply when the trust is silent or does not limit them.<\/p>\n

Depending on the governing trust instrument and applicable Florida law, a trustee may exercise the powers the trust gives, and may use powers appropriate to investing, managing and distributing trust property. Those powers are limited by the trust’s terms and the code.<\/p>\n

Florida law also lists specific powers. Depending on the governing trust instrument and applicable Florida law, these powers can include acquiring or selling property, depositing trust money in a regulated institution and continuing a business interest. The scope of a trustee’s specific powers depends on the governing trust instrument, applicable Florida law and the facts of each case.<\/p>\n

Powers are not automatic rights to use as the trustee likes. Under applicable Florida law, the exercise of a trustee’s powers may be subject to fiduciary duties, depending on the governing trust instrument and the facts of each case. Whether a particular use is appropriate depends on the instrument, applicable law and the facts of each case.<\/p>\n

Duties to beneficiaries, record-keeping and accounting<\/h2>\n

A trustee’s core duties to beneficiaries include loyalty, prudence, record-keeping and reporting. How each applies depends on the trust and Florida law.<\/p>\n

Under Fla. Stat. \u00a7 736.0802<\/a>, the duty of loyalty may be described as administering the trust in the beneficiaries’ interests, as between trustee and beneficiaries, depending on the governing trust instrument and applicable Florida law. Whether a conflict question arises depends on the facts and the instrument.<\/p>\n

Records matter too. Under Fla. Stat. \u00a7 736.0810<\/a>, a trustee’s recordkeeping obligations for the trust’s administration depend on the governing trust instrument and applicable Florida law.<\/p>\n

Under Fla. Stat. \u00a7 736.0813<\/a>, a qualified beneficiary may be entitled to an annual accounting, depending on the governing trust instrument, applicable Florida law and the facts of each case. A qualified beneficiary may waive that duty in writing. The statute also includes exceptions, so the application depends on the trust and facts. An accounting generally shows cash and property transactions, including compensation paid to the trustee, per Fla. Stat. \u00a7 736.08135<\/a>.<\/p>\n

Whether a trustee’s conduct raises a breach question is fact-specific. It is judged against the governing instrument and applicable law.<\/p>\n

Why someone accepts the role, and what it can involve<\/h2>\n

Some people accept a trustee role out of family loyalty, because the settlor asked, or to carry out a plan they believe in. The work can also be demanding.<\/p>\n

The role can involve significant time, detailed record-keeping and disagreement among beneficiaries. A trustee may also face personal exposure, depending on the facts and the law. These are possibilities, not certainties.<\/p>\n

A named person accepts by following the trust’s method of acceptance or by acting as trustee. Under applicable law and depending on the facts of each case, a designated person who does not accept within a reasonable time may be treated as having declined, per Fla. Stat. \u00a7 736.0701<\/a>. What counts as reasonable depends on the facts.<\/p>\n

A professional trustee<\/a> may bring administration experience, subject to applicable law. An individual trustee may also suit a trust, depending on its terms.<\/p>\n

Compensation depends on the trust. If the trust does not specify it, a trustee may be entitled to reasonable compensation under the circumstances, depending on the governing instrument, applicable Florida law, court order and the facts of each case, per Fla. Stat. \u00a7 736.0708<\/a>. Any entitlement also depends on the instrument, court order where relevant and the facts.<\/p>\n\n

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Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
\"Miami<\/figure>\n

Trustees and personal representatives: when to speak with an attorney<\/h2>\n

A trustee manages trust property under a trust instrument. The scope of each role depends on the documents and Florida law.<\/p>\n

Depending on the governing instrument and applicable law, the firm’s lawyers may advise or represent trustees, personal representatives and beneficiaries.<\/p>\n

You may want to talk with a Florida trusts and estates attorney if you are a newly named trustee with questions about the instrument. You may also want to talk if a beneficiary is asking for information, or if there is disagreement over administration. Whether any of this applies to you depends on the facts. Some matters may be referred to another lawyer or firm.<\/p>\n

Can an attorney serve as trustee in Florida?<\/h3>\n

Whether an attorney can be named and act as a trustee depends on the governing trust instrument, applicable Florida law and the facts of each case.<\/p>\n

Does a trustee have to give beneficiaries a copy of the trust?<\/h3>\n

Upon reasonable request, Florida law calls for a trustee to provide a qualified beneficiary a complete copy of the trust instrument. The timing and scope depend on the trust and facts.<\/p>\n

Can a trustee refuse to serve?<\/h3>\n

Whether a designated trustee may decline depends on the governing instrument, applicable Florida law and the facts of each case. Under Florida law, failing to accept within a reasonable time can be treated as declining, depending on the facts.<\/p>\n

If you’re weighing a specific trust, Trust Counsel, PL is located in Coral Gables, Florida. Call (305) 707-7126 or schedule a conversation through our contact page<\/a>. No outcome can be promised, and results depend on the governing instrument, applicable law and the facts of each case.<\/p>\n\n<\/article>\n