When setting up a trust, it’s important to think ahead—not just about who will manage your assets now, but also about what happens if your chosen trustees are no longer available. At Doane & Doane, we help individuals and families throughout Southeast Florida prepare for all possibilities so their estate plans remain strong and effective.

If All Trustees Pass Away

If a trustee passes away and a co-trustee is named, the co-trustee typically continues managing the trust alone, unless the trust document specifies otherwise. When that trustee can no longer serve, the successor trustee named in your trust takes over.

If you were acting as the trustee of your own revocable trust, your successor trustee assumes responsibility after your death. At that point, the trust becomes irrevocable, meaning it can no longer be changed.

For irrevocable trusts, where someone other than the grantor typically serves as trustee, a designated successor will take over when needed. These types of trusts often come with benefits like reduced estate taxes but are less flexible once established.

What If No Successor Trustee Is Named?

If no successor trustee is listed and all original trustees have passed:

• The personal representative of the last trustee’s estate may be able to appoint a replacement.

• If not, the court will step in and appoint a trustee—usually at the request of a beneficiary or family member.

Responsibilities of a Successor Trustee

A successor trustee takes on full responsibility for managing the trust and following its instructions. Common duties include:

• Distributing assets to beneficiaries as outlined in the trust.

• Paying any outstanding debts and taxes related to the trust.

• Managing trust property and finances until all distributions are complete.

Choosing someone dependable and qualified to act as a successor trustee is a key part of your estate plan. Our attorneys can help you make the right decision for your unique situation.

Protect Your Legacy with Doane & Doane

Whether you're setting up a new trust or reviewing your current estate plan, our experienced team at Doane & Doane is here to guide you. We’ll help ensure your documents are up to date and that your plan accounts for every scenario—including the unexpected loss of a trustee.

Why Clients Choose Us

Since 2003, Doane & Doane has been a leading estate planning firm serving clients in Palm Beach Gardens and across Southeast Florida. We’re known for providing thoughtful, thorough legal advice to help you safeguard your assets and preserve your legacy.

Schedule Your Consultation
Call us today at 561-656-0200 or complete our online contact form. We look forward to helping you plan for the future with confidence and peace of mind.