What Is a Successor Trustee? How It Works in Florida
The short answer
A successor trustee is the person or company named in a trust to take over managing it when the original trustee dies, becomes incapacitated or steps down. In Florida, the successor trustee protects and distributes the trust assets and must follow the trust's terms and the Florida Trust Code.
Most Florida parents who sign a revocable living trust name themselves as trustee. The successor trustee is the person who steps in after them. For a family with a child or adult child with a disability, that choice matters even more, because the successor trustee may manage your child's inheritance for decades. Choosing that person is a central part of Florida estate planning.
What does a successor trustee do in Florida?
If the person who created the trust (the settlor) is living but can no longer manage money, the successor trustee runs the trust for that person. If the settlor has died, the successor trustee settles the trust or keeps it going, as the trust directs. Common tasks include:
Taking control of trust assets. Securing the home and retitling accounts.
Giving required notices. Florida sets deadlines for telling beneficiaries about the trust, covered below.
Paying bills and taxes. Including valid debts and final income tax returns.
Keeping records. Beneficiaries are entitled to information and accountings.
Distributing or holding assets. Some shares pass outright; a child with a disability may need a share held in trust.
Through all of it, the successor trustee is a fiduciary. Florida law requires a trustee to act in good faith, put the beneficiaries' interests first and never use trust money for personal benefit.
When does a successor trustee take over?
The trust document controls. Most Florida revocable trusts say the successor trustee steps in when the current trustee dies, resigns or can no longer manage their affairs. Many trusts define incapacity, for example by letters from one or two doctors, so the family can keep bills paid without a court guardianship.
If a trust is left with no trustee at all, section 736.0704 of the Florida Statutes fills the vacancy in this order: the successor named in the trust, then a person all of the qualified beneficiaries agree on, and only then a person the court appoints.
A named successor does not have to serve, and one who does nothing for a reasonable time is treated as having declined. Naming one or two backups helps avoid court.
What must a successor trustee do first under Florida law?
Notify the beneficiaries within 60 days
Under section 736.0813, a new trustee has 60 days after accepting the trust to tell the qualified beneficiaries about the acceptance and give the trustee's name and address. When a revocable trust becomes irrevocable at the settlor's death, the trustee has 60 days from learning of it to tell beneficiaries the trust exists, who created it, and that they may request a copy and receive accountings.
File a Notice of Trust
After the settlor dies, the trustee of a revocable trust must file a Notice of Trust with the court in the county where the settlor lived. It is a short filing listing the settlor, date of death, trust date and trustee.
Who can be a successor trustee?
An adult who can manage money responsibly can serve, and so can a bank or trust company. Many families name a spouse first, then an adult child, a sibling or a trusted friend, with a professional trustee as a final backup.
The best choice is someone organized, honest and willing to stay with the job for as long as the trust lasts. Some families pair a family member with a professional to serve together.
How is a successor trustee different from a personal representative?
A personal representative, Florida's term for an executor, is appointed by the probate court to handle assets that pass under a will. A successor trustee manages only assets titled in the trust and usually acts without a court appointment. That is one reason many Florida families fund a living trust to keep the home and accounts out of probate.
What changes when the trust is for a child with a disability?
When a parent's trust holds an inheritance for a child on SSI or Medicaid, the successor trustee often becomes trustee of that child's special needs trust. The role can last a lifetime and has extra rules:
Distributions stay discretionary. Cash handed to the beneficiary can reduce or end SSI.
Housing payments need care. Paying rent or utilities can lower the SSI check.
Own-money trusts carry a payback. A trust holding the child's own money must repay Florida Medicaid at death.
Records protect eligibility. Social Security can ask how trust money was spent.
The firm's guide on how to choose the right trustee for a special needs trust covers who should take on this role, a core part of special needs planning in Florida. For other terms, see the full special needs planning glossary.
Frequently Asked Questions
Does a successor trustee get paid in Florida?
Yes, if they want to be. When the trust does not set the pay, Florida law entitles a trustee to compensation that is reasonable under the circumstances. Many family members waive a fee, while professional trustees usually charge a percentage of assets. The trust can set the pay to avoid disputes.
Can a successor trustee also be a beneficiary?
Yes. In Florida family trusts, an adult child is often both a beneficiary and the successor trustee. The trustee must still treat every beneficiary fairly and follow the trust terms, even when that means holding back money another sibling wants.
Can a successor trustee change the trust?
Generally, no. A revocable trust usually becomes irrevocable when the settlor dies, and the successor trustee must carry out its terms as written. Bigger changes usually require the beneficiaries' agreement under Florida law or a court order, so a trustee should get legal advice before acting.
What is the difference between a successor trustee and a co-trustee?
Co-trustees serve at the same time and share decisions. A successor trustee waits in line and serves only after the current trustee can no longer act. If one co-trustee dies and another is still serving, Florida law does not require the open seat to be filled unless the trust says otherwise.
Can a successor trustee resign?
Yes. Under Florida law, a trustee can resign by giving at least 30 days' notice to the qualified beneficiaries, the settlor if living and any co-trustees, or by getting court approval. The next named successor then steps in, so the trust is not left without a manager.
Does a successor trustee have to go to court in Florida?
Usually not. Trust administration in Florida is mostly private, which is a main reason families choose a living trust. The trustee does file a short Notice of Trust after the settlor's death. Court usually becomes involved only when beneficiaries disagree or no trustee is available.
How Legacy Solutions Law Firm helps families plan for the next trustee
Legacy Solutions Law Firm helps Florida families build trusts that name the right successor trustees, with clear instructions on when they step in. When a loved one has a disability, the plan also sets up the special needs trust that successor will manage. The first step is a Discovery Call with our intake team, and a plan review follows if it is the right next step.
Prepared by Legacy Solutions Law Firm, PLLC, Hollywood, Florida. Reviewed by Randy Narkir, Esq., estate planning and special needs planning attorney.
The information provided here is for general educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For guidance specific to your situation, consult a qualified Florida attorney.
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