When a trust is created, does the actual trust document get filed/registered/recorded with any court or county division which would make it public record?

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When a trust is created, does the actual trust document get filed/registered/recorded with any court or county division which would make it public record?

Asked on January 9, 2013 under Estate Planning, California

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 11 years ago | Contributor

The answer to your question is "no."  One reason to prepare a trust is to keep the document private.  The only time a trust is filed in court is if someone intends to fight about it.  When a person dies in Florida and they left a trust to distribute their assets, the Trustee is supposed to file a Notice of Trust Administration so that people know there is a trust.  Still, the Trustee does not file the trust itself.


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