{"id":6937,"date":"2026-11-02T02:51:50","date_gmt":"2026-11-02T02:51:50","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/does-a-trustee-have-fiduciary-duties\/"},"modified":"2026-11-04T01:07:34","modified_gmt":"2026-11-04T01:07:34","slug":"does-a-trustee-have-fiduciary-duties","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/does-a-trustee-have-fiduciary-duties\/","title":{"rendered":"Does a Trustee Have Fiduciary Duties? Florida Law"},"content":{"rendered":"\n
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Florida Trust Law | Coral Gables<\/p>

Does a Trustee Have Fiduciary Duties Under Florida Law?<\/h1>

Florida's Trust Code sets out the core duties a trustee owes to the trust and its beneficiaries. Trust Counsel, PL, in Coral Gables, advises trustees, personal representatives and beneficiaries on what those duties require.<\/p>

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By Leslie V. Marenco \u00b7 Published November 1, 2026<\/p>\n\n

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Does a trustee have fiduciary duties? Yes. A trustee owes fiduciary duties because the trustee role carries them, and Florida law states the core ones. In plain terms, a trustee must manage trust property for the people the trust is meant to benefit, not for personal gain. This page describes where those duties show up in daily administration. Leslie V. Marenco is the responsible attorney for this page at Trust Counsel, PL in Coral Gables.<\/p>\n

What a Fiduciary Duty Means in a Trust<\/h2>\n

Yes, a trustee has fiduciary duties, and they come with the job. A fiduciary duty is a duty of trust and care. One person holds legal authority over property and must use it for someone else.<\/p>\n

In a trust, the trustee holds the trust property. The beneficiaries are the people the trust is meant to help. The trustee does not own that property for personal use.<\/p>\n

Florida puts the basic standard in one sentence. A trustee must administer the trust in good faith, following its terms, its purposes and the interests of the beneficiaries (Fla. Stat. \u00a7 736.0801<\/a>). That standard starts the moment a trustee accepts the role.<\/p>\n

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries.<\/p>\n\n

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If a trustee's conduct worries you, or you were just asked to take on the role, you don't have to sort out these duties alone; we can talk through your situation. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

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The Core Fiduciary Duties Under Florida Law<\/h2>\n

Under Fla. Stat. \u00a7 736.0802<\/a>, as between a trustee and the beneficiaries, a trustee must administer the trust solely in the interests of the beneficiaries. Three of them drive most trust questions.<\/p>\n