Registering a Trust in Florida: Requirements and Process

Setting up a trust is a powerful way to protect your assets and ensure your loved ones are taken care of. But when people start exploring trusts, they often wonder if Florida requires them to be registered. The answer isn’t always what they expect.

Understanding how trusts work, what’s legally required, and how they’re managed is key to avoiding mistakes.

At the Law Office of Cameron H.P. White, P.A., we help individuals and families create trusts that fit their needs. In this article, we’ll cover what you need to know about Florida trusts, from setup to administration.

Does a Trust Need to Be Registered in Florida?

Florida law does not require trusts to be registered, recorded, or filed with any government agency.

This is one of the reasons trusts are so popular—they provide the privacy that a will and probate process simply don’t offer.

But what’s the difference between creating a trust and registering one?

• Creating a Trust: This involves drafting a legally valid trust document, naming trustees and beneficiaries, and transferring assets into the trust.
• Registering a Trust: This would mean filing trust details with a government agency—but Florida does not require this for most trusts.

Even though trusts don’t require registration, there are situations where related documents might need to be recorded. For example:

• Transferring Real Estate: If you’re putting a home or other property into your trust, a new deed must be prepared and recorded with the county.
• Tax Identification Numbers (TINs): Some trusts require a separate TIN, but a revocable living trust typically uses the grantor’s Social Security number during their lifetime.

While the trust itself isn’t registered, trustees have legal obligations, which we’ll cover later.

What’s Needed to Set Up a Trust in Florida?

To be legally enforceable, a trust in Florida must:

• Be in writing—Verbal agreements won’t hold up in court.
• Be signed by the grantor (the person creating the trust) while they are of sound mind.
• Be signed in the presence of two witnesses, who must also sign the document.
• Name a trustee to manage the trust.
• Identify at least one beneficiary—the person(s) who will receive the assets.

Step-by-Step Process to Establish a Trust in Florida

Setting up a trust involves several important steps, each ensuring that your assets are properly managed and distributed according to your wishes.

1. Choose the Right Type of Trust

The first step is deciding between a revocable or irrevocable trust. A revocable trust allows for changes during the grantor’s lifetime, making it a common choice for avoiding probate.

An irrevocable trust offers stronger asset protection and potential tax benefits but cannot be easily modified.

List Assets for the Trust

The trust should hold all intended assets, such as real estate, bank accounts, and investments.

Some assets, like life insurance policies and retirement accounts, can be connected to the trust by updating beneficiary designations. If assets are not properly transferred, they may still have to go through probate.

Select a Trustee and Successor

The trustee manages and distributes the trust’s assets, so choosing someone responsible is essential.

Many grantors serve as their own trustees and name a successor trustee to take over if they become incapacitated or pass away. Trustees must act in the best interests of the beneficiaries and follow the trust’s terms.

Identify Beneficiaries and Distribution Terms

Beneficiaries are the individuals or organizations receiving assets from the trust. The trust document should clearly outline how and when they receive distributions.

Some trusts provide immediate inheritance, while others distribute funds in stages to help manage spending and asset protection.

Draft and Sign the Trust

The trust document sets the rules for how assets are handled. A properly drafted trust avoids legal disputes and ensures your wishes are followed.

Florida law requires the trust to be signed in the presence of two witnesses. Notarization, while not required, adds an extra layer of verification.

Fund the Trust

A trust must be funded to be effective. This means transferring assets into the trust’s name. For real estate, a new deed must be recorded with the county. Bank and investment accounts may need ownership updates. Retirement accounts and life insurance policies can be linked by naming the trust as a beneficiary.

Trust Administration and Trustee Duties

Even though trusts aren’t registered, they must still be managed properly. Trustees have serious responsibilities under Florida law.

A trustee must:

• Follow the terms of the trust—They cannot act outside the trust’s instructions.
• Act in good faith—Decisions must be made in the best interest of the beneficiaries.
• Manage trust assets wisely—This includes handling investments responsibly.
• Keep accurate records—Detailed bookkeeping is required.
• Provide accountings when required—Beneficiaries may be entitled to financial statements.
• Communicate with beneficiaries—Keeping them informed is part of the role.

A trustee who fails in their duties can be held personally responsible for losses to the trust. This is one of the reasons why selecting the right trustee is so important.

Protect Your Legacy in Florida: Contact Cameron H.P. White, P.A.

Setting up a trust in Florida is one of the most valuable steps you can take to protect your assets and ensure your loved ones are taken care of. But without proper legal guidance, mistakes can happen, and that can create problems down the line.

At the Law Office of Cameron H.P. White, P.A., we help clients create and manage trusts that are legally sound, practical, and customized to meet their needs.

Whether you’re looking to establish a trust, fund it properly, or make sure it’s administered correctly, we’re here to help. Call us today at (407) 792-6011 to schedule a consultation.