What If All the Trustees of Your Trust Pass Away?

When creating a trust, one of the most important considerations is who will manage it over time. But what if all the trustees you’ve appointed are no longer living or able to serve? At Doane & Doane, we help clients throughout Southeast Florida build estate plans that account for every possibility—so your legacy stays protected no matter what.

If There Are No Surviving Trustees

If a trustee passes away and there is a co-trustee, that person usually continues managing the trust alone—unless your trust says otherwise. Once no trustees remain, the next step is for a successor trustee—named in your trust—to take over.

In the case of a revocable trust, where you may have been serving as trustee, your chosen successor steps in after your death. At that point, the trust becomes irrevocable and can no longer be modified.

If it’s an irrevocable trust, and the current trustee can no longer serve, the successor named in the trust assumes control. These types of trusts are less flexible, but often come with tax advantages and added protections.

What If No Successor Trustee Is Named?

If your trust doesn’t name a successor and all trustees have passed away:

• The personal representative (executor) of the last trustee’s estate may be allowed to appoint a new trustee.

• If not, the court will step in to assign one—typically after a request from a beneficiary or family member.

Responsibilities of a Successor Trustee

The successor trustee takes over full management of the trust and must:

• Distribute assets to beneficiaries according to the terms of the trust.

• Pay any outstanding debts and taxes owed by the trust.

• Maintain and manage trust assets until everything is properly distributed.

It’s essential to choose someone trustworthy and capable. Our attorneys at Doane & Doane can help you identify the right person to take on this important role.

Plan Ahead with Confidence

If you haven’t reviewed your trust in a while—or haven’t named a backup trustee—it’s time to revisit your estate plan. We’ll make sure your trust covers all necessary details, including a clear plan for trustee succession.

Why Choose Doane & Doane?

Since 2003, Doane & Doane has provided skilled, personalized estate planning services to individuals and families across Southeast Florida. From our Palm Beach Gardens office, we help clients protect their assets, minimize tax exposure, and ensure their final wishes are honored.

Schedule a Consultation Today
Call 561-656-0200 or complete our online contact form to get started. We’re here to help you create a plan that gives you peace of mind—now and in the future.