Appointment of Successor Trustee
(FL)

This template is an appointment of successor trustee for Florida trusts. This template is used to formalize the dates of the new trusteeship, which may be helpful to a successor trustee if liability surrounding the original trustee is an issue. This template includes drafting notes, practical guidance, and optional clauses. Fla. Stat. Ann. § 736.0704 governs the appointment of successor trustees in Florida, noncharitable and charitable, along with the trust agreement itself. This template may be used in trust administration matters when there is vacancy in trusteeship. Usually, the terms of a trust will dictate the next successor trustee and the procedure for filling the vacant trusteeship. If the trust terms are silent, then Fla. Stat. Ann. § 736.0704 provides some flexibility for the appointment of successor trustees, when needed. This template will mark the end of one Trustee's service and the beginning of the successor trustee's service—whether you are following the trust terms for appointment of a successor trustee or are using Florida's default law to fill the vacancy. It is helpful to execute the appointment of Successor Trustee document because it marks the beginning and end of the all-encompassing duties and liabilities associated with trusteeships. It formalizes the dates of the new trusteeship, which may be helpful to a successor trustee if liability surrounding the original trustee is an issue because Fla. Stat. Ann. § 736.08125 states that a successor trustee is not personally liable for the acts taken by prior trustees. For a full listing of key content related to estate plans for married or partnered people in Florida, see Estate Plan for Individual with Spouse or Partner Resource Kit (FL). For a full listing of key content related to estate plans for single people in Florida, see Estate Plan for Single Individual Resource Kit (FL). For more discussion about trusts, see Characteristics and Uses of Trusts (FL), Requirements and Restrictions on Trust Purposes and Administration (FL), and Revocation, Amendment, and Termination of Trusts (FL).