New Port Richey, FL asked in Family Law, Probate and Estate Planning for Florida

Q: How much time does a designated Trustee have to register a benefiary trust?

1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Florida does not require or have a registration of a Trust. If what you are referencing is a "Notice of Trust", then the rule is upon the death of the person/settlor of the trust. Florida Statute states the following;

736.05055 Notice of trust.—

(1) Upon the death of a settlor of a trust described in s. 733.707(3), the trustee must file a notice of trust with the court of the county of the settlor’s domicile and the court having jurisdiction of the settlor’s estate.

While no specific timeline is listed, you should give notice of trust as soon as reasonable (upon the death= pretty much immediately), a Will has to be submitted within 10 days of death, it also says must for the Will, but hardly anyone ever meets that deadline and nor will anyone hold you to those deadlines that I have encountered as of yet, but you should give notice as soon as you reasonably can, therefore, sooner than later.

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