When the settlor of a revocable trust dies, the trustee must file a notice of trust with the court in the county where the settlor was domiciled, and with the court handling the settlor’s probate estate if there is one (§ 736.05055). The notice states the settlor’s name and date of death, the trust’s title and date, and the trustee’s name and address.
It is not a copy of the trust, and it does not disclose the beneficiaries or assets. Its purpose is to let the personal representative and the court know a trust exists that may be liable for estate expenses and debts (§ 733.707(3)).
How it works
- If no probate case exists yet, the clerk indexes the notice like a caveat; if a probate case is later opened, the clerk notifies the trustee of the case and its file number.
- If a probate case already exists, the notice is filed in that case and the clerk sends a copy to the personal representative (§ 736.05055).
Why it matters
A revocable trust must pay estate expenses and obligations the probate estate cannot cover, when the personal representative certifies the shortfall (§ 736.05053). The notice of trust connects the two administrations so creditors and the personal representative can find the trustee.
How it differs from notice to beneficiaries
The notice of trust goes to the court. Separately, within 60 days the trustee must notify the qualified beneficiaries of the trust’s existence, the trustee’s identity, and their rights to a copy of the trust and to accountings (§ 736.0813).
What changes the answer
- Whether the trust was revocable by the settlor at death (the requirement applies to those trusts)
- Where the settlor was domiciled
- Whether a probate case is open
An example
A man dies with a revocable trust holding nearly everything he owned and a small car in his own name. His daughter, the successor trustee, files a notice of trust in Seminole County, where he lived. Months later, his son opens a summary administration for the car; the clerk notifies the daughter of the case number, so both proceedings are coordinated.
Common mistakes
- Not filing because “there’s no probate”
- Filing the whole trust document instead of the short notice
- Confusing the court notice with the 60-day notice to beneficiaries
What to gather
- The trust’s title and date
- The settlor’s full name, date of death, and county of domicile
- The trustee’s name and address
- Any probate case number
Next step
File the notice of trust in the county where the settlor lived as soon as the trusteeship is accepted, and calendar the separate 60-day notice to beneficiaries.
Related guidance
- What duties does a successor trustee have?
- Can creditors reach a trust after death?
- Does a trust avoid probate?
Sources: Florida Statutes § 733.707, § 736.05053, § 736.05055, and § 736.0813 (2026). Checked on October 23, 2026.