Broward County Florida Notice of Trust - Form

IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA

PROBATE DIVISION

File No. :

Division:

In Re:  Estate of                                                                                   

 Paul S.                         

 Deceased.

______________________/

NOTICE OF TRUST

Paul S., a resident of Broward County, Florida, who died on January 31 , 20___ , was the settlor of a trust entitled: Paul S. REVOCABLE TRUST, which is a trust described in Section 733.707(3) of the Florida Statues, and is liable for the expenses of the administration of the decedent's estate and enforceable claims of the of the decedent's creditors to the extent the decedent's estate is insufficient to pay them, as provided in section 733.607(2) of the Florida Statues.

The name and address of the trustee are set forth below.

The clerk shall file and index this Notice of Trust in the same manner as a Caveat, unless there exists a probate proceeding for the settlor's estate in which case this notice of trust must be filed in the probate proceeding and the clerk shall send a copy to the personal representative.


Signed on the ___day of February, 20___.


________________________                                       
JackS., Successor Trustee
39 Road
Yard, FL 33009
                       
                       

Copy mailed to attorney for the Personal
Representative on


                , 20___.
Clerk of the Circuit Court

By:____________________               

This document is a sample Notice of Trust and should not be used for any matter. This form is being provided for illustrative purposes only and should not be relied upon as legal advice.  We recommend and urge you to consult with an experienced lawyer for professional advice as each case is unique and the law is always changing.  All Rights Reserved.

____________________________________________________

Florida Statute Relating to a Florida Notice of Trust:

736.05055 Notice of trust.—
(1) Upon the death of a settlor of a trust described in s. 733.707(3), the trustee must file a notice of trust with the court of the county of the settlor’s domicile and the court having jurisdiction of the settlor’s estate.
(2) The notice of trust must contain the name of the settlor, the settlor’s date of death, the title of the trust, if any, the date of the trust, and the name and address of the trustee.
(3) If the settlor’s probate proceeding has been commenced, the clerk shall notify the trustee in writing of the date of the commencement of the probate proceeding and the file number.
(4) The clerk shall file and index the notice of trust in the same manner as a caveat unless there exists a probate proceeding for the settlor’s estate, in which case the notice of trust must be filed in the probate proceeding and the clerk shall send a copy to the personal representative.
(5) The clerk shall send a copy of any caveat filed regarding the settlor to the trustee, and the notice of trust to any caveator, unless there is a probate proceeding pending and the personal representative and the trustee are the same.
(6) Any proceeding affecting the expenses of the administration or obligations of the settlor’s estate prior to the trustee filing a notice of trust are binding on the trustee.
(7) The trustee’s failure to file the notice of trust does not affect the trustee’s obligation to pay expenses of administration and obligations of the settlor’s estate as provided in s. 733.607(2).

Source: flsenate.gov

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