Florida Declaration of Trust
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FAQ
However, a notice is required only for Revocable Trusts. Under Florida law, if the decedent has any assets that are subject to probate in addition to a Revocable Trust, their Trust will pay for the debts of the decedent's probate estate if the estate does not have sufficient funds to pay creditors' claims.
A Certification of Trust may be required by a title company or bank to prove that the trust exists, the names of the trustees, and that the trustees have powers under the trust to transfer the real estate or secure financing. The Certification of Trust is often a short, 1-3 page document summarizing these key elements.
Florida trust laws state that a trust is created only if: The settlor has capacity to create a trust. The settlor indicates an intent to create the trust. The trust has a definite beneficiary or is a charitable trust, a trust for the care of an animal, or a trust for a noncharitable purpose.
No. It is a private document which, unlike a Will, is not entered into public record. You should be aware that if you own any interest in real property, your deed should be filed as a matter of public record. However, this is the case with all real property, whether or not you place it in a Living Trust.
The Notice of Trust must be filed in the probate proceeding, if there is one pending, and the Clerk must send a copy to the Personal Representative of the estate. The Notice of Trust accomplishes many objectives.
No, you do not need a notary to create a certificate of trust. The requirements of Florida certificates of trust are found in section 736.1017 of the Florida Statutes. Notarization is never mentioned as a requirement. However, the document does need to be signed (or otherwise authenticated) by a trustee.
No. It is a private document which, unlike a Will, is not entered into public record. You should be aware that if you own any interest in real property, your deed should be filed as a matter of public record. However, this is the case with all real property, whether or not you place it in a Living Trust.
Well, in most cases, a trust never has to be recorded or registered. The exceptions to this rule almost always involve real estate transactions. In fact, real estate is an exception in and of itself.
