In short: A Florida successor trustee must send qualified beneficiaries notice within 60 days of accepting the trust (§ 736.0813), collect the trust property, and take reasonable steps to compel a former trustee to deliver it (§§ 736.0707, 736.0812). A successor generally isn’t personally liable for a prior trustee’s acts, with conditions set out in § 736.08125.
Being named successor trustee sounds like an honor. It is a job, with deadlines and personal liability, and it often starts with a mess someone else made.
First 60 Days: Notices
Under § 736.0813(1)(a), within 60 days after accepting the trust, the trustee must give the qualified beneficiaries notice of the acceptance, the trustee’s name and address, and that the fiduciary lawyer-client privilege applies to the trustee and the trustee’s lawyer.
If the trust just became irrevocable (usually because the settlor died), § 736.0813(1)(b) requires a second notice within 60 days: the trust exists, who the settlor was, the right to request a copy of the trust, and the right to accountings.
Get the Property
A trustee who resigned or was removed keeps the duties of a trustee until the property is delivered, and must deliver it to the successor "within a reasonable time," less a reasonable reserve for debts, expenses, and taxes (§ 736.0707).
The successor’s side of that duty:
"A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee and, except as provided in s. 736.08125, to redress a breach of trust known to the trustee to have been committed by a former trustee." (§ 736.0812)
If the former trustee won’t turn over records or accounts, a successor can go to court. Trust proceedings start with a complaint under the civil rules (§ 736.0201).
Are You Liable for What the Last Trustee Did?
Generally no, under § 736.08125, and generally no duty to sue the prior trustee, in listed situations. They include succeeding a settlor who served as trustee of a revocable trust, beneficiaries who waived accountings or released you, and a beneficiary who doesn’t deliver a written request to sue within 6 months after a proper acceptance notice. Read the conditions carefully before assuming you are covered.
Account, Every Year
The trustee of an irrevocable trust must give each qualified beneficiary a trust accounting at least annually, on termination of the trust, and on a change of trustee (§ 736.0813(1)(d)). Beneficiaries who never see accountings should ask for them in writing. Under § 736.1008, adequate disclosure in a trust accounting starts limitations periods running against beneficiaries, which is one more reason the paperwork matters on both sides.
Common Fights
- The co-trustee who thinks account paperwork at a brokerage made them a trustee.
- The trustee who moved trust money into joint accounts with a new spouse.
- Valuations of real estate or a family business.
- Whether the successor sued the right people in time.
Each of those shows up in the arguments below.
Watch: the videos behind this article
Successor Trustee Dispute in Florida Probate Litigation
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments in trustee disputes, posted on the channel. Watch how the judges question both sides. An argument is not a ruling: read the written opinion, and check whether later cases changed the law, before relying on any outcome.
Did the Successor Trustee Sue Too Late? Fraudulent Transfer and the Limitations Clock
Revocable Trust Dispute — Can Brokerage Account Forms Amend a Trust to Add Co-Trustees?
Trust Litigation — Does Suing Individually Instead of as Trustee Defeat Standing?
He Moved the Trust Money Into Joint Accounts With His New Wife
No Accounting in Years: When the Fiduciary’s Missing Records Shift the Burden
More Arguments on This Issue
Go Deeper
- Florida Trustee Duties and Beneficiary Rights: Accountings, Self-Dealing, and the 6-Month Deadline
- Your Trustee Won’t Show You Documents? That’s Already a Violation of Florida Law
- The Trust Lawsuit Deadline Nobody Warns You About: Florida § 736.1008
Frequently Asked Questions
What must a successor trustee do first in Florida?
Within 60 days after accepting, notify the qualified beneficiaries of the acceptance, the trustee’s name and address, and the fiduciary lawyer-client privilege (§ 736.0813(1)(a)). Then collect the trust property and records.
What if the former trustee won’t turn over trust property?
A removed or resigning trustee must deliver the property within a reasonable time (§ 736.0707), and the successor must take reasonable steps to compel delivery (§ 736.0812), including filing suit.
Is a successor trustee liable for the prior trustee’s mistakes in Florida?
Generally not personally liable, and often not required to sue the prior trustee, in the situations listed in § 736.08125. The protections have conditions, including written notices and time limits.
How often must a Florida trustee provide an accounting?
For an irrevocable trust, at least annually, on termination of the trust, and on a change of trustee, to each qualified beneficiary, under § 736.0813(1)(d).
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a trust litigation lawyer for a successor trustee or former trustee dispute, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the Florida Trust Code (Chapter 736) and the full Florida Probate Code and Probate Rules are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
