{"id":3897,"date":"2026-10-24T04:42:33","date_gmt":"2026-10-24T04:42:33","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/how-to-get-copy-of-trust-florida\/"},"modified":"2026-10-29T06:30:13","modified_gmt":"2026-10-29T06:30:13","slug":"how-to-get-copy-of-trust-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/how-to-get-copy-of-trust-florida\/","title":{"rendered":"How to Get a Copy of a Trust in Florida | Trust Counsel"},"content":{"rendered":"\n
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Trust Litigation | Coral Gables, Florida<\/p>

Need a Copy of a Trust in Florida? Start With the Right Request<\/h1>

Trust Counsel, PL focuses on Florida trust and estate matters for beneficiaries, heirs and fiduciaries. Leslie V. Marenco is the responsible attorney for this page. We serve clients in Coral Gables, Fort Lauderdale, Boca Raton and throughout South Florida.<\/p>

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By Leslie V. Marenco \u00b7 Published October 24, 2026<\/p>\n\n

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Short answer: who can get a copy of a Florida trust<\/h2>\n

A qualified beneficiary can ask the trustee for a complete copy of the trust. Under Fla. Stat. \u00a7 736.0813<\/a>, 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.<\/p>\n

The right belongs to people with a qualifying interest. Under Fla. Stat. \u00a7 736.0103<\/a>, 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.<\/p>\n

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.<\/p>\n\n

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What the Florida Trust Code says about a copy of the trust<\/h2>\n

The trustee must keep qualified beneficiaries reasonably informed about the trust and its administration. That duty comes from Fla. Stat. \u00a7 736.0813<\/a>. Upon reasonable request, the trustee must give a qualified beneficiary a complete copy of the trust instrument.<\/p>\n

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.<\/p>\n

The duty runs to qualified beneficiaries.<\/p>\n

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.<\/p>\n

One limit matters a lot.<\/p>\n

Certification of trust: a shorter document that may be enough<\/h2>\n

A certification of trust is a short summary a trustee can give instead of the full instrument. Under Fla. Stat. \u00a7 736.1017<\/a>, a trustee may use one when furnishing information to a person other than a beneficiary.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

Where to look for the original trust document<\/h2>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

Is a trust recorded in Florida, and what does probate show?<\/h2>\n

A trust is generally not kept in a court file the way a will is. Under Fla. Stat. \u00a7 736.0201<\/a>, 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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

How to request the copy from the trustee in writing<\/h2>\n

A written request creates a record. That record helps if the trustee delays. Under Fla. Stat. \u00a7 736.0109<\/a>, 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.<\/p>\n

A clear request includes these items:<\/p>\n