Choosing a trustee is an important part of creating a trust, and it is a decision that deserves some thought.
Most people start with the obvious question: Who do I trust? That’s a good place to start, but it’s not the only question you should ask.
Being a trustee can be a lot of work. Depending on the trust, the trustee may have to manage investments and other assets, pay bills, keep records, communicate with beneficiaries, work with advisors, meet deadlines, and make decisions that aren't always easy.
Key Insight: The person you love the most isn't necessarily the person who is best suited for the job. Choosing the right trustee requires looking beyond personal affection to evaluate practical administrative abilities.
Here are seven things I suggest considering when choosing a trustee.
1. They Stay Calm Under Pressure
Trust administration doesn't always go smoothly. There may be unexpected expenses, paperwork that needs to be handled, deadlines to meet, or disagreements among family members. Sometimes a trustee has to make a difficult decision without making everyone happy.
You want someone who can handle those situations without becoming overwhelmed.
Think about how the person handles stress in everyday life. Do they tend to stay level-headed when things go wrong? Do they take the time to understand a problem before reacting? Can they work through a difficult situation without making it more difficult for everyone else?
A trustee doesn't have to have all the answers. But they do need to be able to stay calm enough to figure out what needs to happen next.
2. They're Financially Responsible
Your trustee doesn't need to be an investment expert or a financial professional. There are professionals who can help with those things.
But your trustee should be someone who takes financial responsibilities seriously.
That means paying attention to bills and expenses, keeping good records, protecting trust assets, and understanding the importance of budgeting. It also means knowing when something requires professional advice.
Take a look at how the person handles their own financial affairs. Are they responsible? Organized? Careful with important documents and deadlines? Those everyday habits can tell you quite a bit about how they might approach the responsibilities of being a trustee.
3. They're Organized and Dependable
Trust administration can involve a surprising amount of paperwork and follow-up.
There may be documents to gather, deadlines to keep track of, bills to pay, tax returns to coordinate, and questions from beneficiaries or professional advisors that need to be answered.
You want someone who will actually follow through.
If the person you're considering is routinely late, loses important documents, forgets appointments, or puts off paperwork, think carefully before giving that person responsibility for administering your trust. A trustee doesn't have to be perfect. But they should be dependable and willing to stay on top of things.
4. They Can Make Difficult Decisions
This is one of the qualities people sometimes overlook when choosing a trustee.
A trustee may have to make decisions that a beneficiary doesn't agree with. They may have to say no to a request for money. They may have to decide how an asset should be managed or whether it should be sold. And sometimes family members will have strong opinions about what the trustee should do.
That's part of the job.
You want someone who can listen to different perspectives, consider the facts, and make a thoughtful decision based on the trust and their responsibilities—not simply because someone is putting pressure on them. This can be especially important when choosing a family member. Someone can be a wonderful sibling, child, or friend and still not be the right person to serve as trustee.
5. They Communicate Well
Good communication can go a long way toward preventing misunderstandings and unnecessary family conflict.
A trustee doesn't need to tell every beneficiary every detail about every decision. But they should be willing to communicate appropriately and respond to reasonable questions.
Florida law also imposes specific duties to keep qualified beneficiaries reasonably informed about the trust and its administration. Depending on the circumstances, those duties include providing notices and accountings. See Fla. Stat. § 736.0813.
They also need to be comfortable working with the professionals involved in administering the trust. That might include an attorney, accountant, financial advisor, real estate professional, or others. Someone who avoids difficult conversations or doesn't return calls and emails may not be the best choice for a job that requires ongoing communication.
6. They Know When to Ask for Help
No one expects a trustee to know everything.
Trust administration can involve legal, tax, investment, real estate, and other issues that are outside the trustee's area of expertise. That's why trustees often work with a team of professionals.
The important thing is that the trustee recognizes when they need help. A good trustee isn't afraid to say, "I don't know. Let me find out."
Florida law allows a trustee to delegate certain duties and powers when a prudent trustee with comparable skills could properly delegate them. The trustee must use reasonable care in selecting the person or professional, defining the delegation, and monitoring the work. See Fla. Stat. § 736.0807.
In fact, knowing when to ask a question may be one of the most important skills a trustee can have. You want someone who will seek appropriate professional advice rather than guess or try to handle something they don't understand.
7. They're Trustworthy and Impartial
Finally, you need to be able to trust your trustee to put the trust's terms and the interests of the beneficiaries ahead of their own personal agenda.
This can become particularly important when family members are involved.
Family history can be complicated. There may be old disagreements, hurt feelings, or strong opinions about who should receive what. A trustee needs to be able to put those issues aside and approach the job fairly.
Florida law requires a trustee to administer a trust in good faith, in accordance with its terms and purposes, and in the interests of the beneficiaries. The law also imposes duties of loyalty and impartiality. See Fla. Stat. § 736.0801, § 736.0802, and § 736.0803.
Before naming someone as trustee, ask yourself whether that person can separate their personal feelings from their responsibilities. Someone may be a person you love dearly and trust completely in your personal life, but that doesn't automatically mean they will be the best person to administer your trust.
Choosing a Trustee Is a Big Decision
When you're choosing a trustee, don't just ask yourself, "Who do I trust?"
| Quality to Look For | Why It Matters in Trust Administration |
|---|---|
| 1. Calm Under Pressure | Handles unexpected expenses, paperwork, deadlines, and family disagreements without becoming overwhelmed. |
| 2. Financially Responsible | Takes bills, recordkeeping, asset protection, and budgeting seriously while knowing when to seek financial advice. |
| 3. Organized & Dependable | Keeps track of documents, tax filings, and deadlines, and follows through reliably on administrative tasks. |
| 4. Decisive Under Pressure | Willing to make tough choices and say no when needed, basing decisions on trust terms rather than personal pressure. |
| 5. Clear Communicator | Keeps beneficiaries reasonably informed and collaborates effectively with legal, financial, and tax advisors. |
| 6. Knows When to Ask for Help | Recognizes limitations and seeks professional expertise, such as an attorney, CPA, or financial advisor, instead of guessing. |
| 7. Trustworthy & Impartial | Sets aside personal feelings or family history to manage the trust fairly and in accordance with the trust's terms and fiduciary duties. |
There may not be one obvious choice. Depending on your circumstances, the right trustee might be a family member, a friend, a professional trustee, or another person or institution qualified to take on the responsibility.
Should You Choose an Individual or a Professional Trustee?
One decision worth considering is whether to name someone you know personally or use a professional or corporate trustee. Neither option is automatically right for every family. The best choice depends on the trust's assets, complexity, duration, family relationships, and the level of administration involved.
Choosing an Individual Trustee
An individual trustee may be a relative, friend, or another person you know and trust. This person may already understand your family's circumstances, values, and relationships. They may also provide a more personal connection with beneficiaries.
However, serving as trustee can take considerable time and may continue for years. An individual may have other work and family responsibilities, may lack experience with trust administration, or may eventually become unable or unwilling to continue serving. Even a highly responsible person may need professional assistance with legal, accounting, tax, or investment matters.
Choosing a Professional or Corporate Trustee
A professional trustee or corporate trust company may offer experience with trust administration, established recordkeeping procedures, and continuity that does not depend on one family member's availability. This can be particularly helpful when a trust will continue for many years, involves substantial or complicated assets, or requires ongoing administration for beneficiaries.
There are also practical considerations. Professional trustees generally charge fees, and some institutions have minimum asset requirements or limits on the types of trusts they will accept. Their approach may also feel less personal than having a family member involved.
Before choosing a professional trustee, ask about its services, fee structure, investment approach, communication practices, and experience with trusts like yours. You should also understand how a successor trustee would be appointed if the institution later stops serving.
One important point: Naming an individual trustee does not mean that person must personally perform every professional task. A trustee may work with attorneys, accountants, investment professionals, and other advisors. Florida law also permits appropriate delegation under statutory standards. The trustee still has important responsibilities for overseeing the administration.
Should You Name Co-Trustees?
Some people consider naming two or more co-trustees so that responsibility is shared. For example, parents might want two adult children to serve together, or they might want a family member to serve alongside a professional trustee.
Co-trustees can bring different strengths to the role. One person may be comfortable with financial matters while another may be particularly organized or familiar with the family's needs. Having more than one trustee may also provide continuity if one becomes unavailable.
But naming co-trustees does not necessarily make trust administration easier. They need to communicate, coordinate decisions, and understand how their responsibilities are divided. Disagreements can delay decisions, and the arrangement may create additional administrative work.
Florida Statute § 736.0703 addresses how co-trustees perform their duties. Among other things, it provides that co-trustees who cannot reach a unanimous decision may act by majority decision, subject to the applicable trust terms and statutory provisions. It also generally requires co-trustees to participate in trustee functions and to exercise reasonable care to prevent or address a co-trustee's breach of trust.
Before naming co-trustees, consider whether the individuals can work together, whether they have compatible approaches to managing money and making decisions, and whether the trust should define particular responsibilities or decision-making authority. The trust document should be carefully drafted to address how the arrangement is intended to work.
Think About Who Will Serve After Your First Choice
It is also important to name a successor trustee. Your first choice may be unable or unwilling to serve when the time comes. They may move, experience health issues, have other obligations, or simply decide that the responsibility is not right for them.
Choosing a successor in advance can help avoid uncertainty and provide a clearer path for continued administration. Think about whether your successor has the qualities needed for the role and whether the person is likely to remain available if the trust continues for many years.
It is a good idea to discuss the role with the people you are considering rather than surprising them with the responsibility later. A person who understands the commitment and is willing to serve is a much more practical choice than someone who has simply been named without a conversation.
Choosing a Trustee Is About More Than Trust
The important thing is to think about what the job actually requires—not just who you feel closest to. After all, you're not simply choosing someone you trust. You're choosing someone to carry out your wishes and take care of the people you've provided for.
Choosing a trustee and choosing a Personal Representative are related decisions, but they are not the same role. A trustee administers assets held in a trust, while a Personal Representative administers a probate estate under court supervision. If you're also deciding who should handle your probate estate, read our related article on choosing the right Personal Representative.
Thoughtful estate planning considers who will manage your assets, who will receive them, and how those responsibilities will be handled. The right structure can help make your wishes clearer and give your loved ones guidance when they need it.
Florida Legal Resources
Florida's Trust Code addresses trustee responsibilities, fiduciary duties, co-trustees, and trust administration. The following statutes provide additional information:
- Fla. Stat. § 736.0701 – Accepting or Declining Trusteeship
- Fla. Stat. § 736.0703 – Co-Trustees
- Fla. Stat. § 736.0801 – Duty to Administer Trust
- Fla. Stat. § 736.0802 – Duty of Loyalty
- Fla. Stat. § 736.0803 – Impartiality
- Fla. Stat. § 736.0804 – Prudent Administration
- Fla. Stat. § 736.0807 – Delegation by Trustee
- Fla. Stat. § 736.0810 – Recordkeeping and Identification of Trust Property
- Fla. Stat. § 736.0813 – Duty to Inform and Account
