Title XLII, Estates and Trusts

(1) After administration has been completed, the personal representative shall be discharged.(2) The discharge of the personal representative shall release the personal representative and shall bar any action against the personal representative, as such or individually, and the s…

The final settlement of an estate and the discharge of the personal representative shall not prevent further administration. The order of discharge may not be revoked based upon the discovery of a will or later will.History.—s. 1, ch. 74-106; s. 96, ch. 75-220; s. 1, ch. 88-110; …

(1) Personal representatives who produce authenticated copies of probated wills or letters of administration duly obtained in any state or territory of the United States may maintain actions in the courts of this state.(2) Personal representatives appointed in any state or countr…

(1) If a nonresident of this state dies leaving assets in this state, credits due from residents in this state, or liens on property in this state, a personal representative specifically designated in the decedent’s will to administer the Florida property shall be entitled to hav…

(1) When a nonresident decedent dies testate and leaves property subject to administration in this state the gross value of which does not exceed $50,000 at the date of death, the foreign personal representative of the estate before the expiration of 2 years after the decedent’s …

(1) An authenticated copy of the will of a nonresident that devises real property in this state, or any right, title, or interest in the property, may be admitted to record in any county of this state where the property is located at any time after 2 years from the death of the d…

A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding concerning the estate by:(1) Filing authenticated copies of the domiciliary proceedings under s. 734.104;(2) Receiving payment of money or taking delivery of per…

In addition to jurisdiction conferred by s. 734.201, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately before death.History.—s. 1, ch. 74-106; s. 1032, ch. 97-1…

Summary administration may be had in the administration of either a resident or nonresident decedent’s estate, when it appears:(1) In a testate estate, that the decedent’s will does not direct administration as required by chapter 733.(2) That the value of the entire estate subje…

The estate may be administered in the same manner as the administration of any other estate, or it may be administered as provided in this part.History.—s. 1, ch. 74-106.Note.—Created from former s. 735.02.

(1) A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent’s will offered for probate. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries except that the joi…

The petition for summary administration may be filed at any stage of the administration of an estate if it appears that at the time of filing the estate would qualify.History.—s. 47, ch. 77-87.

(1) Upon the filing of the petition for summary administration, the will, if any, shall be proved in accordance with chapter 733 and be admitted to probate.(2) Prior to entry of the order of summary administration, the petitioner shall make a diligent search and reasonable inquir…

(1) Any person who has obtained an order of summary administration may publish a notice to creditors according to the relevant requirements of s. 733.2121, notifying all persons having claims or demands against the estate of the decedent that an order of summary administration ha…

(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the State Constitution, and nonexempt perso…

(1) In any case when the United States Treasury Department determines that an overpayment of federal income tax exists and the person in whose favor the overpayment is determined is dead at the time the overpayment of tax is to be refunded, and notwithstanding whether the deceden…

(1) As used in this section, the term:(a) “Family member” means:1. The surviving spouse of the decedent;2. An adult child of the decedent if the decedent left no surviving spouse;3. An adult descendant of the decedent if the decedent left no surviving spouse and no surviving adul…

(1) Administration is not required and formal proceedings may not be instituted upon the estate of a decedent who has died intestate leaving only personal property exempt under s. 732.402, personal property exempt from the claims of creditors under the State Constitution, and non…

This chapter may be cited as the “Florida Trust Code” and for purposes of this chapter is referred to as the “code.”History.—s. 1, ch. 2006-217.

(1) Except as otherwise provided in this section, this code applies to express trusts, charitable or noncharitable, and trusts created pursuant to a law, judgment, or decree that requires the trust to be administered in the manner of an express trust.(2) This code does not apply …

Unless the context otherwise requires, in this code:(1) “Action,” with respect to an act of a trustee, includes a failure to act.(2) “Affiliate” means any person or entity that directly or indirectly through one or more intermediaries owns or controls, is owned or controlled by, …

(1) Subject to subsection (2), a person has knowledge of a fact if the person:(a) Has actual knowledge of the fact;(b) Has received a notice or notification of the fact; or(c) Has reason to know the fact from all the other facts and circumstances known to the person at the time i…

(1) Except as otherwise provided in the terms of the trust, this code governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.(2) The terms of a trust prevail over any provision of this code except:(a) The requirements f…

The common law of trusts and principles of equity supplement this code, except to the extent modified by this code or another law of this state, including, but not limited to, s. 736.0110(3).History.—s. 1, ch. 2006-217; s. 2, ch. 2025-18.

The meaning and effect of the terms of a trust are determined by:(1) The law of the jurisdiction designated in the terms of the trust, provided there is a sufficient nexus to the designated jurisdiction at the time of the creation of the trust or during the trust administration, …

(1) Terms of a trust designating the principal place of administration of the trust are valid only if there is a sufficient connection with the designated jurisdiction. Without precluding other means for establishing a sufficient connection, terms of a trust designating the princ…

(1) Notice to a person under this code or the sending of a document to a person under this code must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a d…

(1) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this code if the charitable organization, on the date the charitable organization’s qualification is being determined:…

(1) For purposes of this section, the term “interested persons” means persons whose interest would be affected by a settlement agreement.(2) Except as otherwise provided in subsection (3), interested persons may enter into a binding nonjudicial settlement agreement with respect t…

Unless otherwise doing business in this state, local qualification by a foreign trustee is not required for the trustee to receive distribution from a local estate. Nothing in this chapter shall affect the provisions of s. 660.41.History.—s. 1, ch. 2006-217.

(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 t…

(1) IN REM JURISDICTION.—Any beneficiary of a trust having its principal place of administration in this state is subject to the jurisdiction of the courts of this state to the extent of the beneficiary’s interest in the trust.(2) PERSONAL JURISDICTION.—(a) Any trustee, trust ben…

(1) Except as otherwise provided in this section, service of process upon any person may be made as provided in chapter 48.(2) Where only in rem or quasi in rem relief is sought against a person in a matter involving a trust, service of process on that person may be made by sendi…

The circuit court has original jurisdiction in this state of all proceedings arising under this code.History.—s. 2, ch. 2006-217.

Venue for actions and proceedings concerning trusts, including those under s. 736.0201, may be laid in:(1) Any county where the venue is proper under chapter 47;(2) Any county where the beneficiary suing or being sued resides or has its principal place of business; or(3) The coun…

(1) The court may review the propriety of the employment by a trustee of any person, including any attorney, auditor, investment adviser, or other specialized agent or assistant, and the reasonableness of any compensation paid to that person or to the trustee.(2) If the settlor’s…

(1) In an action to contest the validity or revocation of all or part of a trust, the contestant has the burden of establishing the grounds for invalidity.(2) An action to contest the validity of all or part of a revocable trust, or the revocation of part of a revocable trust, ma…

(1) Notice, information, accountings, or reports given to a person who may represent and bind another person under this part may serve as a substitute for and have the same effect as notice, information, accountings, or reports given directly to the other person.(2) Actions taken…

(1) The holder of a power of appointment may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.(2) The takers in default of the exercise of a power of appointment may represent and bind persons whose i…

To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:(1) A guardian of the property may represent and bind the estate that the guardian of the propert…

Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another person having a substantially identical interest with respect to the particul…

(1) If the court determines that an interest is not represented under this part, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor…

(1) If specifically nominated in the trust instrument, one or more persons may be designated to represent and bind a beneficiary and receive any notice, information, accounting, or report. The trust instrument may also authorize any person or persons, other than a trustee of the …

A trust may be created by:(1) Transfer of property to another person as trustee during the settlor’s lifetime or by will or other disposition taking effect on the settlor’s death;(2) Declaration by the owner of property that the owner holds identifiable property as trustee; or(3)…

(1) A trust is created only if:(a) The settlor has capacity to create a trust.(b) The settlor indicates an intent to create the trust.(c) The trust has a definite beneficiary or is:1. A charitable trust;2. A trust for the care of an animal, as provided in s. 736.0408; or3. A trus…

(1) A trust not created by will is validly created if the creation of the trust complies with the law of the jurisdiction in which the trust instrument was executed or the law of the jurisdiction in which, at the time of creation, the settlor was domiciled.(2) Notwithstanding sub…