What Happens if a Trustee Dies in Florida?

What Happens if a Trustee Dies in Florida?

By Phil Rarick, Miami Trust Attorney and Jasmine Benitez, Legal Assistant

If you’re the beneficiary of a trust — or you’ve created one — and wonder what happens when a trustee passes away in Florida, you are not alone. This is a common concern, and thankfully, Florida law and most trust documents are designed to handle this situation smoothly.

Here’s what you need to know if a trustee dies in the Sunshine State.

1) Look at the Trust Document

The first thing to do is review the trust agreement. Most trusts are thoughtfully drafted to include a successor trustee — someone named to take over if the original trustee can no longer serve due to death, incapacity, or resignation.

In many cases, the trust will spell out an order of succession, listing multiple backups just in case the first named successor is also unavailable. Look for any section labeled “Successor Trustee” or “Trustee Succession.”

2) What if No Successor is Named?

If the trust does not name a successor trustee or if all the named individuals are unable or unwilling to serve, don’t worry. Florida trusts do not fail just because there is no trustee in place. The law provides a clear path forward.

Here’s what might happen next:

• Check the Trust for Additional Provisions: Some trusts include a process for appointing a successor. For example, the document might give this authority to a specific person or group.
• Majority of Income Beneficiaries Can Decide: If the trust is silent on the appointment process, a majority of the trust’s income beneficiaries may agree on and appoint a new trustee.
• Court Involvement if Necessary: If there’s no clear successor and the beneficiaries can’t agree, then a petition can be filed with the Florida probate court. The court has the authority to appoint a qualified individual or corporate trustee to step in and ensure the trust is properly administered.

Considerations for Co-Trustees

If the deceased trustee was serving alongside another trustee (known as a co-trustee), the surviving trustee may be able to continue acting alone, depending on what the trust document says. However, it’s important to review the trust to see if it requires a minimum number of trustees to act or if a replacement is mandated.

Why This Matters

A trustee has significant responsibilities: managing assets, paying bills, filing taxes, and distributing property according to the terms of the trust. So, when a trustee passes away, it’s critical to have a plan in place, and in most cases, the trust does.

If you’re unsure how to proceed, don’t guess or do it alone. An experienced estate planning attorney can guide you through reviewing the trust document, understanding your options, and, if needed, petitioning the court for a new trustee.

Have Questions About a Florida Trust?

At Rarick & Bowden Gold, we have helped families in Miami Lakes, Weston and throughout South Florida navigate trust administration with clarity and confidence.  See our popular Quick Reference Guide:  Practical Tips for Administration of a Florida Trust.   

Whether you’re a beneficiary, a co-trustee, or just need guidance, we’re here to help. Contact us to schedule a consultation.

Notice: This article is intended for informational purposes only. It is important you consult with an experienced Miami Trust attorney. For more information, contact Attorney Phil Rarick at (305) 556-5209 or by email at prarick@raricklaw.com.