What it means
On the death of the settlor of a trust described in § 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 (subsection (1)). The notice must contain the settlor's name, the settlor's date of death, the title of the trust (if any), the date of the trust, and the trustee's name and address (subsection (2)). The trust instrument is not among the listed contents.
The clerk files and indexes the notice in the same manner as a caveat, unless a probate proceeding exists for the settlor's estate; then the notice is filed in that proceeding and the clerk sends a copy to the personal representative (subsection (4)). If probate has commenced, the clerk notifies the trustee in writing of the commencement date and file number (subsection (3)). The clerk sends the trustee a copy of any caveat filed regarding the settlor, and sends the notice of trust to any caveator, unless a probate proceeding is pending and the personal representative and the trustee are the same (subsection (5)).
Proceedings affecting the expenses of administration or obligations of the settlor's estate before the notice is filed are binding on the trustee (subsection (6)). Failure to file does not affect the trustee's obligation under § 733.607(2) (subsection (7)).
- The trustee must file a notice of trust upon the death of the settlor of a trust described in § 733.707(3). (§ 736.05055(1))
- File with the court of the county of the settlor's domicile and the court having jurisdiction of the settlor's estate. (§ 736.05055(1))
- Contents: settlor's name, date of death, trust title (if any), trust date, and the trustee's name and address. (§ 736.05055(2))
- The clerk files and indexes the notice like a caveat, or files it in the probate proceeding and sends a copy to the personal representative. (§ 736.05055(4))
- Proceedings affecting estate expenses or obligations before the notice is filed are binding on the trustee. (§ 736.05055(6))
- Failure to file does not affect the trustee's obligation to pay estate expenses and obligations under § 733.607(2). (§ 736.05055(7))
Text of the statute (2026)
(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.
(2) The notice of trust must contain the name of the settlor, the settlor’s date of death, the title of the trust, if any, the date of the trust, and the name and address of the trustee.
(4) The clerk shall file and index the notice of trust in the same manner as a caveat unless there exists a probate proceeding for the settlor’s estate, in which case the notice of trust must be filed in the probate proceeding and the clerk shall send a copy to the personal representative.
(6) Any proceeding affecting the expenses of the administration or obligations of the settlor’s estate prior to the trustee filing a notice of trust are binding on the trustee. (7) The trustee’s failure to file the notice of trust does not affect the trustee’s obligation to pay expenses of administration and obligations of the settlor’s estate as provided in s. 733.607(2).
Excerpts are the subsections the summary relies on. Read the full official text of § 736.05055.
History. s. 5, ch. 2006-217.
How it applies
The notice of trust applies when a settlor dies leaving a trust described in § 733.707(3): a trust the decedent could revoke at death, alone or with another person, subject to the exclusions in that subsection. The filing connects the trustee to the estate. The clerk routes the notice and any caveat between the trustee and any caveator and, when probate is open, sends the personal representative a copy. Under § 733.607(2), the personal representative may seek payment from the trustee when the estate's assets are insufficient to pay estate expenses and obligations, subject to § 736.05053.
Where this shows up
Pages on this site where § 736.05055 does real work:
- Do I need probate in Florida? Which assets and estates skip it
- Will vs. trust in Florida: what each does, how each is signed and what each avoids
- What happens to a bank account when someone dies in Florida
- Lady bird deed in Florida: how an enhanced life estate deed works
- Probate vs trust administration in Florida: differences, steps and deadlines
- Funding a revocable trust in Florida: deeds, accounts, retirement plans, insurance and what to leave out
- Trust administration after death in Florida: successor trustee duties, notices and deadlines
- Revocable Living Trust
- H. Wayne Huizenga
Questions people ask
Sources
- Fla. Stat. § 736.05055 (2026) ("the trustee must file a notice of trust" (subsection (1)); contents listed in subsection (2))
- Fla. Stat. § 733.707 (2026) (Subsection (3) defines the trusts liable for estate expenses and obligations)
- Fla. Stat. § 733.607 (2026) (Subsection (2): payment from the trustee of a trust described in s. 733.707(3) when estate assets are insufficient)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.