Many people believe that if a loved one had a Trust, there is nothing left to handle after they pass away. While a properly funded Trust often avoids Probate, there is still a legal process called trust administration that must take place.
What Is Trust Administration?
Trust administration is the process of managing and distributing the assets held in a Trust after the person who created it (the Grantor) passes away.
In Florida, the Trustee is responsible for carrying out the instructions written in the Trust document.
What Are the Trustee’s Responsibilities?
The Trustee’s duties typically include:
Locating and securing Trust assets
Determining date-of-death values
Notifying beneficiaries
Paying legitimate debts and expenses
Filing necessary tax documents
Distributing assets according to the Trust
The Trustee has a fiduciary duty, meaning they must act in the best interest of the beneficiaries and follow the Trust terms carefully.
Does a Trust Avoid Probate?
In many cases, yes, if the Trust was properly funded.
However, avoiding Probate does not mean avoiding administration. The Trustee must still follow legal procedures and timelines.
Why Legal Guidance Matters
Even though trust administration happens outside of court, mistakes can lead to disputes, delays, or personal liability for the Trustee.
Working with an experienced attorney helps ensure:
Compliance with Florida law
Proper documentation
Reduced family conflict
Efficient distribution
Trust administration is meant to make things smoother for families, but it still requires careful handling.
If you have questions about your responsibilities as a Trustee, the Law Office of Lori Vella, PLLC is here to guide you.
Lori Vella is an Estate Planning and Business Attorney. She works virtually throughout Florida and New York, but has her home office in Tampa, Florida. She is mom to a little boy which ignited the passion for helping other families. She and her son enjoy car rides, playgrounds and taking mini-adventures. They also have an organic garden that surprisingly yields vegetables. Lori considers herself well-versed in Seinfeld and welcomes any trivia!
Disclaimer: The Law Office of Lori Vella’s website contains general information directed to Florida residents. This firm does not intend to give legal advice through its pages and/or blog. If you need legal advice, we encourage you to find an attorney licensed in your state. This language on this website does not create an attorney-client relationship between you and this firm.