The Trustee’s Checklist: Key Duties After a Trust Creator’s Death

The Trustee’s Checklist: Key Duties After a Trust Creator’s Death

When a trust creator, also known as the grantor, passes away, the trustee becomes responsible for managing and distributing the trust’s assets. This role carries legal, financial, and ethical duties that must be carried out with care. At The Law Offices of Petrovich & Kutub, we guide trustees through each stage of the process, helping them fulfill their obligations under Florida law.

Understanding the Trustee’s Role

A trustee serves as the legal manager of the trust, managing trust assets for the benefit of the beneficiaries in accordance with the trust’s terms. Once the grantor passes away, these duties take effect immediately. They often include securing trust property, paying debts and taxes, and distributing assets.

Because trustees hold a fiduciary position, they must always act in the best interests of the beneficiaries. Working with a trustee duties attorney in Fort Lauderdale helps ensure every step follows the law and avoids potential liability or disputes.

Immediate Responsibilities After the Grantor’s Death

After the grantor’s passing, the trustee should first secure trust assets and gather essential documents. This includes:

• Obtaining certified copies of the death certificate.
• Locating and reviewing the trust document.
• Identifying and securing all trust-owned property.
• Protecting real estate and valuables from loss or damage.

These actions safeguard the estate and ensure no property is misplaced or misused. A trust administration lawyer in Fort Lauderdale can help complete these steps efficiently while handling required notifications and paperwork.

Inventorying and Valuing Trust Assets

The trustee must create a complete inventory of all assets held in the trust, including bank accounts, real estate, and personal property. Some assets, such as business interests or investments, may need professional appraisals.

Accurate records must be maintained for all transactions, income, and expenses. This documentation supports transparency and compliance with fiduciary duties. A trust and estate administration attorney in Fort Lauderdale can help trustees maintain organized records and ensure all valuations meet legal standards.

Paying Debts, Taxes, and Final Expenses

Before distributing any assets, trustees must settle the grantor’s remaining debts and expenses. This includes:

• Paying outstanding bills and administrative costs.
• Filing final tax returns.
• Maintaining insurance and paying property-related expenses.

Failing to handle these properly can expose the trustee to liability. Legal guidance ensures that payments and filings are completed accurately and in accordance with Florida law.

Distributing Assets to Beneficiaries

Once debts and taxes are paid, the trustee distributes assets according to the trust’s terms. This may include transferring real estate titles, disbursing funds, or dividing personal property. Every transaction should be documented clearly and shared with beneficiaries.

If disagreements occur, the trustee must remain neutral and adhere to the trust’s instructions. Working with an estate and probate lawyer in Fort Lauderdale helps ensure fair, legally compliant distribution and prevent disputes.

Providing an Accounting and Communicating Clearly

Trustees are required to keep beneficiaries informed about how the trust is being managed. This includes providing periodic accountings that show income, expenses, and distributions. Beneficiaries have the right to review these reports to verify accuracy.

Regular updates promote trust and reduce the risk of misunderstandings. Our attorneys assist trustees in preparing accurate accountings that meet Florida’s legal requirements and maintain transparency throughout the process.

Continuing Responsibilities for Ongoing Trusts

Some trusts continue beyond the grantor’s death, such as those established to support a surviving spouse, child, or dependent. In these cases, the trustee must continue managing investments, making scheduled distributions, and ensuring the trust remains compliant with all reporting and tax obligations.

Because these duties can extend for years, many trustees choose to work with an estate planning attorney in Fort Lauderdale to maintain compliance and avoid mistakes that could impact the trust’s beneficiaries.

When to Seek Legal Support

Serving as a trustee can feel overwhelming without proper guidance. Mistakes, even unintentional ones, can lead to financial or legal consequences. Working with experienced counsel helps trustees stay organized, meet deadlines, and carry out their duties confidently.

At The Law Offices of Petrovich & Kutub, we help trustees throughout Fort Lauderdale handle every step of the administration process, from asset management to final distribution. Our practice areas include estate planning, trust administration, and probate, allowing us to provide complete legal guidance tailored to each client’s situation.

Supporting Trustees with Confidence

Trustees play a vital role in ensuring that the grantor’s legacy is honored and that beneficiaries receive what they are entitled to. With the proper legal support, these responsibilities can be fulfilled efficiently and without unnecessary stress.

At The Law Offices of Petrovich & Kutub, we assist trustees and families across Fort Lauderdale and neighboring areas with trust administration, estate planning, and probate matters. Our attorneys provide practical guidance to help clients manage their obligations and protect their legal standing. To learn more about your responsibilities as a trustee or to receive personalized assistance, visit our About Us page or contact us today.