Successor trustee: the first 30 days
Short answer: You do not have to do everything at once. In the first month a successor trustee has three jobs: secure the assets, gather the paperwork, and notify the people the law requires. Distributions come later.
Week 1: secure and gather
- Get at least 10 certified death certificates from the funeral home.
- Locate the original trust, any amendments, and the will. In Florida, the person holding the original will must deposit it with the clerk of court within 10 days of learning of the death (F.S. 732.901); in New York the original will is filed with the Surrogate's Court when probate begins.
- Secure the home and vehicles, forward mail, and keep paying insurance and the mortgage.
- Do not distribute anything yet and do not pay creditors beyond essentials until you know the full picture.
Weeks 2 to 3: identify and notify
- Make a list of every asset and how it is titled: in the trust, in the decedent's name, joint, or with a beneficiary. Only trust assets are yours to administer as trustee; assets in the decedent's sole name may need probate.
- Get a taxpayer ID number for the trust (it becomes a separate taxpayer at death) and open a trust bank account.
- Florida: file a Notice of Trust with the court in the county where the settlor lived (F.S. 736.05055), and inform the qualified beneficiaries of the trust's existence and your acceptance within 60 days (F.S. 736.0813).
- New York: send written notice to beneficiaries, and plan for a New York estate tax return if the estate may exceed the state exclusion (see our New York pages).
- Notify Social Security, pension plans, and life insurers.
Week 4: build the plan
- Decide with counsel whether any probate is needed alongside the trust, and whether a federal or state estate tax return is due (usually 9 months from death).
- Set up a simple ledger: every dollar in and out, with receipts. Beneficiaries are entitled to an accounting.
- Call the beneficiaries once with a realistic timeline; most conflict starts with silence.
What a trustee must never do
Mix trust money with personal money, favor one beneficiary, sell assets to family at a discount, or take a fee that the trust document or state law does not allow.
Next step
Most successor trustees do their job well with an hour of guidance at the start and a checklist. Email the firm through the Contact page and tell us the state and the date of death.
This guide is general information, not legal advice, and does not create an attorney-client relationship. Simani Law, PA is licensed in Florida and New York.