The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0201

736.0201 Role of court in trust proceedings.—

(1) Except as provided in subsections (5), (6), and (7) and s. 736.0206, judicial proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure.

(2) The court may intervene in the administration of a trust to the extent the court’s jurisdiction is invoked by an interested person or as provided by law.

(3) A trust is not subject to continuing judicial supervision unless ordered by the court.

(4) A judicial proceeding involving a trust may relate to the validity, administration, or distribution of a trust, including proceedings to:

(a) Determine the validity of all or part of a trust;

(b) Appoint or remove a trustee;

(d) Review and settle interim or final accounts;

(e) Ascertain beneficiaries; determine any question arising in the administration or distribution of any trust, including questions of construction of trust instruments; instruct trustees; and determine the existence or nonexistence of any immunity, power, privilege, duty, or right;

(f) Obtain a declaration of rights; or

(g) Determine any other matters involving trustees and beneficiaries.

(5) A proceeding for the construction of a testamentary trust may be filed in the probate proceeding for the testator’s estate. The proceeding shall be governed by the Florida Probate Rules.

(6) Rule 1.525, Florida Rules of Civil Procedure, shall apply to judicial proceedings concerning trusts, except that the following do not constitute taxation of costs or attorney fees even if the payment is for services rendered or costs incurred in a judicial proceeding:

(a) A trustee’s payment of compensation or reimbursement of costs to persons employed by the trustee from assets of the trust.

(b) A determination by the court directing from what part of the trust fees or costs shall be paid, unless the determination is made under s. 736.1004 in an action for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers.

(7) A proceeding to determine the homestead status of real property owned by a trust may be filed in the probate proceeding for the settlor’s estate if the settlor was treated as the owner of the interest held in the trust under s. 732.4015. The proceeding shall be governed by the Florida Probate Rules.

History.—s. 2, ch. 2006-217; s. 13, ch. 2011-183; s. 5, ch. 2021-183.

F.S. 736.0201 on Google Scholar

F.S. 736.0201 on Casetext

Amendments to 736.0201

Arrestable Offenses / Crimes under Fla. Stat. 736.0201

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0201.

Annotations, Discussions, Cases:

Cases from cite.case.law:

H. BADEN, v. BADEN, a, 260 So. 3d 1108 (Fla. App. Ct. 2018)

. . . And section 736.0201(3) certainly does not permit the daughters or the trustee to keep Mr. . . . See generally § 736.0201(4). But that is not the case before us. . . . Subsections 736.0201(5) and (6) are inapplicable here. . . . See § 736.0201(5). . . . See § 736.0201(6). . . .

RENE, v. SYKES- KENNEDY S., 156 So. 3d 518 (Fla. Dist. Ct. App. 2015)

. . . have the authority to enter an order approving an amendment to White’s revocable trust because section 736.0201 . . .

G. KOZINSKI, v. STABENOW, 152 So. 3d 650 (Fla. Dist. Ct. App. 2014)

. . . See §§ 736.0201(1), 736.02025, Fla. Stat. (2014). . . .

KELLEY, III, v. KELLEY, N. A. Co- Co- P. Jr. U. S. A., 147 So. 3d 597 (Fla. Dist. Ct. App. 2014)

. . . III filed a complaint in the circuit court seeking declaratory relief pursuant to sections 86.041 and 736.0201 . . .

COVENANT TRUST COMPANY, v. GUARDIANSHIP OF IHRMAN,, 45 So. 3d 499 (Fla. Dist. Ct. App. 2010)

. . . Section 736.0201(1), Florida Statutes (2009), provides that trust proceedings “shall be commenced by . . . pertinent part that “[o]ver the objection of a party, the court shall not entertain proceedings under s. 736.0201 . . .

W. DOE, III v. SUNTRUST BANK, W. Jr. W. Jr. a a, 32 So. 3d 133 (Fla. Dist. Ct. App. 2010)

. . . See § 736.0201(1), Fla. Stat. (2007). . . .