How to File a Living Trust in Florida
- 1). Prepare a Notice of Trust, a legal document that provides identifying information about the trust so that the legal system has proof of how a settler wanted her assets to be distributed. Include the name of the settlor, the names and addresses of any trustees, the settlor's date of death, the date on which the trust was created and the title of the trust. You can print a blank Notice of Trust form free of charge from Formsworkflow.com.
- 2). If you choose to file a copy of a settlor's living trust, you should file it with your local clerk of the county court at the same time you file the Notice of Trust.
- 3). Sign the Notice of Trust and have it properly notarized. The notice must be signed by a trustee in the presence of a notary.
- 4). Attach a copy of the trust to the Notice of Trust and file both documents with the probate division of the clerk of court in the county in which the settlor resided at the time of his death, as well as the court having jurisdiction over the settlor's estate. Florida law requires that the clerk publish the Notice of Trust to let creditors know of the existence of the trust so that they can pursue any claims they might have against assets held by the trust.
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