Trust Privacy in Florida: What Stays Private—and What Must Be Shared
One of the most important—and often overlooked—benefits of establishing a Florida living trust is the privacy it provides for you and your family.
Unlike a will, which must be submitted to probate and becomes a public record, a properly drafted and funded trust remains confidential. Your family relationships, asset structure, and distribution plan are shielded from public view—protecting you from prying eyes, unwanted solicitations, distant would-be heirs, and companies that routinely mine probate filings for sales leads.
That said, privacy does not mean absolute secrecy. Florida law requires limited disclosures at certain points during the life of a trust and after the trust creator’s death. Even then, only specific information is shared—not the full contents of your trust. Below is a clear explanation of when disclosure is required and how your privacy is still preserved.
Funding Your Living Trust (and Refinancing Assets)
For a living trust to work as intended, it must be properly funded. Funding simply means retitling assets so they are owned by the trust rather than by you individually.
For example, an account held in the name of “Mary Jones” would be retitled as “Mary Jones, Trustee of the Mary Jones Revocable Trust.”
Not all assets should be transferred into a trust. Retirement accounts such as 401(k)s are typically left outside the trust, and beneficiary designations are used instead. Your attorney will guide you through which assets should—and should not—be retitled. In some cases, a trust may be named as a beneficiary, but that arrangement only takes effect upon death and does not provide management benefits during your lifetime.
What Financial Institutions Are Entitled to See
When assets are being retitled, banks, brokerage firms, and title companies will request trust documentation. Importantly, they do not have the legal right to see your entire trust.
Instead, they may be provided with only selected pages—commonly called a trust certification or excerpt—along with the signature page. These limited disclosures typically confirm:
Who created the trust
Whether the trust is revocable or irrevocable
Who is currently serving as trustee
Who the successor trustees are
That the trust has been properly executed
From time to time, clients are told by a financial institution that the entire trust is required. In most cases, this results from unfamiliarity with trust law rather than a legal requirement. A brief call from counsel usually resolves the issue quickly.
Notice of Trust After Death
When the trust creator passes away, Florida law requires the successor trustee to file a Notice of Trust. This notice is filed with the court in the county where the deceased was domiciled and serves to alert interested parties and potential creditors.
Crucially, the Notice of Trust is designed to protect privacy. It contains only minimal information, including:
The name of the deceased trustor and date of death
The name and address of the trustee
The type of trust
The date the trust was executed
The trust itself is not filed with the court. The Notice of Trust is only filed in a probate proceeding if one is opened for other reasons.
Information Provided to Beneficiaries
After the trust creator’s death, beneficiaries are entitled to receive certain information about the trust. The successor trustee must provide beneficiaries with enough information to understand:
Who is administering the trust
The governing rules of the trust
What the beneficiary is entitled to receive
If a beneficiary formally requests a copy of the trust, the trustee is legally required to provide it. Once disclosed, the beneficiary may share that information with others, even though the trust itself was never made public.
The Bottom Line
A Florida living trust offers substantial privacy advantages over a will—both during your lifetime and after death. While limited disclosures are required at specific points, your trust’s detailed terms, asset structure, and family information remain largely confidential.
With proper drafting, funding, and administration, a trust allows you to maintain control, protect your family’s privacy, and avoid unnecessary public exposure—one of the many reasons trusts are a cornerstone of effective estate planning in Florida.