Notice of Trust – Florida Probate – A Primer

When the Settlor of a Florida Trust dies, Florida Statute 736.05055 requires that the Trustee immediately file a Notice of Trust with the court in the county where the Settlor was domiciled and with the court that has jurisdiction over the Settlor’s estate.

Among other things, the Notice of Trust must contain the Settlor’s name and date of death so that the Court may appropriately notify the Trustee of the probate proceeding for the Settlor and to notify the Trustee of any caveats (claims) filed with the court for the decedent.

One purpose of filing the Notice of Trust, is to pay from the Trust Assets any creditors’ claims, any funeral or estate administration expenses, or other obligations of the Probate estate in the event there isn’t enough money in the Settlor’s probate estate to do so. The Personal Representative will certify to the Trustee that there aren't enough assets in the estate to pay for these items, list the items to be paid, and that money is needed from the Trust to satisfy these obligations.  Sometimes, problems arise when the estate plan documents do not allow for the Trustee to pay the expenses of the probate estate or the trust lacks the liquidity to do so.

Also see: Free Broward County Notice of Trust Form on BrowardLegalDirectory.com

If you have any questions about a Notice of Trust or other probate or trust issues, you can either post a comment to this blog, contact me, a Broward Probate Lawyer, by email, or call me at (954) 458-8655 and I will be happy to answer your questions. I offer a free initial consultation.