CHAPTER 736

736.0101 Short title. 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. 736.0102 Scope. (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 to constructive or resulting trusts; conservatorships; custodial arrangements pursuant to the Florida Uniform Transfers to Minors Act; business trusts providing for certificates to be issued to beneficiaries; common trust funds; trusts created by the form of the account or by the deposit agreement at a financial institution; voting trusts; security arrangements; liquidation trusts; trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind; and any arrangement under which a person is nominee or escrowee for another. (3) This code does not apply to any land trust under s. 689.071, except to the extent provided in s. 689.071(7), s. 721.08(2)(c)4., or s. 721.53(1)(e). A trust governed at its creation by this chapter, former chapter 737, or any prior trust statute superseded or replaced by any provision of former chapter 737, is not a land trust regardless of any amendment or modification of the trust, any change in the assets held in the trust, or any continuing trust resulting from the distribution or retention in further trust of assets from the trust. History. — s. 1, ch. 2006-217; s. 10, ch. 2007-153; s. 3, ch. 2013-240. 736.0103 Definitions. 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, or is under common control or ownership with, the fiduciary. An affiliate may include, but is not limited to, an investment adviser, administrator, broker, transfer agent, placement agent, servicing agent, registrar, custodian, underwriter, sponsor, distributor, or manager. (3) “Ascertainable standard” means a standard relating to an individual’s health, education, support, or maintenance within the meaning of s. 2041(b)(1)(A) or s. 2514(c)(1) of the Internal Revenue Code of 1986, as amended. (4) “Beneficiary” means a person who has a present or future beneficial interest in a trust, vested or contingent, or who holds a power of appointment over trust property in a capacity other than that of trustee. An interest as a permissible appointee of a power of appointment, held by a person in a capacity other than that of trustee, is not a beneficial interest for purposes of this subsection. Upon an irrevocable exercise of a power of appointment, the interest of a person in whose favor the appointment is made shall be considered a present or future beneficial interest in a trust in the same manner as if the interest had been included in the trust instrument. (5) “Charitable trust” means a trust, or portion of a trust, created for a charitable purpose as described in s. 736.0405(1). (6) “Directed trust” means a trust for which the terms of the trust grant a power of direction. (7) “Directed trustee” means a trustee that is subject to a trust director’s power of direction. (8) “Distributee” means a beneficiary who is currently entitled to receive a distribution. (9) “Environmental law” means a federal, state, or local law, rule, regulation, or ordinance that relates to protection of the environment or human health. (10) “General power of appointment” means a power of appointment exercisable in favor of the holder of the power, the power holder’s creditors, the power holder’s estate, or the creditors of the power holder’s estate. (11) “Guardian of the person” means a person appointed by the court to make decisions regarding the support, care, education, health, and welfare of a minor or an incapacitated adult. The term does not include a guardian ad litem. (12) “Guardian of the property” means a person appointed by the court to administer the estate of a minor or incapacitated adult. (13) “Interests of the beneficiaries” means the beneficial interests intended by the settlor as provided in the terms of a trust. (14) “Jurisdiction” with respect to a geographic area, includes a state or country. (15) “Permissible distributee” means a beneficiary who is currently eligible to receive a distribution. (16) “Power of direction” means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property; a power to amend a trust instrument or terminate a trust; or a power over other matters of trust administration. The term excludes the powers excluded from part XIV of this chapter under s. 736.1405(2). (17) “Power of withdrawal” means a presently exercisable general power of appointment other than a power: (a) Exercisable by a trustee and limited by an ascertainable standard; or (b) Exercisable by another person only upon consent of the trustee or a person holding an adverse interest. (18) “Property” means anything that may be the subject of ownership, real or personal, legal or equitable, or any interest therein. (19) “Qualified beneficiary” means a living beneficiary who, on the date the beneficiary’s qualification is determined: (a) Is a distributee or permissible distributee of trust income or principal; (b) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in paragraph (a) terminated on that date without causing the trust to terminate; or (c) Would be a distributee or permissible distributee of trust income or principal if the trust terminated in accordance with its terms on that date. (20) “Revocable,” as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest. (21) “Settlor” means a person, including a testator, who creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person’s contribution except to the extent another person has the power to revoke or withdraw that portion. (22) “Spendthrift provision” means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary’s interest. (23) “State” means any state of the United States and includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. (24) “Terms of a trust” means: (a) Except as otherwise provided in paragraph (b), the manifestation of the settlor’s intent regarding a trust’s provisions as: 1. Expressed in the trust instrument; or 2. Established by other evidence that would be admissible in a judicial proceeding; or (b) The trust’s provisions as established, determined, or amended by: 1. A trustee or trust director in accordance with applicable law; 2. Court order; or 3. A nonjudicial settlement agreement under s. 736.0111, relating to nonjudicial settlement agreements. (25) “Trust director” means a person who is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust. (26) “Trust instrument” means an instrument executed by a settlor that contains terms of the trust, including any amendments to the trust. (27) “Trustee” means the original trustee and includes any additional trustee, any successor trustee, and any cotrustee. History. — s. 1, ch. 2006-217; s. 1, ch. 2009-117; s. 9, ch. 2013-172; s. 1, ch. 2018-35; s. 3, ch. 2021-183. 736.0104 Knowledge. (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 in question. (2) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act on matters involving the trust, or would have been brought to the employee’s attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if the organization maintains reasonable routines for communicating significant information to the employee having responsibility to act on matters involving the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual’s regular duties or the individual knows a matter involving the trust would be materially affected by the information. History. — s. 1, ch. 2006-217. 736.0105 Default and mandatory rules. (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 for creating a trust. (b) Subject to s. 736.1409, relating to the duties and liabilities of a directed trustee; s. 736.1411, relating to limitations on duties of a trustee or trust director to monitor, inform, or advise on matters involving the other; and s. 736.1412, relating to the allocation of powers among cotrustees, requirements for excluded cotrustees to act as a directed trustee, and liability and related obligations of directing cotrustees, the duty of the trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries. (c) The requirement that a trust have a purpose that is lawful, not contrary to public policy, and possible to achieve. (d) The periods of limitation for commencing a judicial proceeding. (e) The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice. (f) The requirements under s. 736.0108(1) for the designation of a principal place of administration of the trust and the requirements under s. 736.0107 for the designation of a jurisdiction the law of which determines the meaning and effect of the terms of a trust. (g) The jurisdiction and venue provisions in ss. 736.0202, 736.0203, and 736.0204. (h) The restrictions on the designation of representative under s. 736.0306. (i) The formalities required under s. 736.0403(2) for the execution of a trust. (j) The power of the court to modify or terminate a trust under ss. 736.0410-736.04115, except as provided in s. 736.04115(3)(b), and under ss. 736.0413, 736.0415, and 736.0416. (k) The ability to modify a trust under s. 736.0412, except as provided in s. 736.0412(4)(b). (l) The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in part V. (m) The trustee’s duty under s. 736.05053 to pay expenses and obligations of the settlor’s estate. (n) The trustee’s duty under s. 736.05055 to file a notice of trust at the settlor’s death. (o) The right of a trustee under s. 736.0701 to decline a trusteeship and the right of a trustee under s. 736.0705 to resign a trusteeship. (p) The power of the court under s. 736.0702 to require, dispense with, modify, or terminate a bond. (q) The power of the court under s. 736.0708(2) to adjust a trustee’s compensation specified in the terms of the trust that is unreasonably low or high. (r) The duty under s. 736.0813(1)(a) and (b) to notify qualified beneficiaries of an irrevocable trust of the existence of the trust, of the identity of the trustee, and of their rights to trust accountings. (s) The duty under s. 736.0813(1)(c) and (d) to provide a complete copy of the trust instrument and to account to qualified beneficiaries except as otherwise provided in s. 736.0813(1)(d). (t) The duty under s. 736.0813(1)(e) to respond to the request of a qualified beneficiary of an irrevocable trust for relevant information about the assets and liabilities of the trust and the particulars relating to trust administration. (u) The effect of an exculpatory term under s. 736.1011. (v) The rights under ss. 736.1013-736.1017 of a person other than a trustee or beneficiary. (w) The effect of a penalty clause for contesting a trust under s. 736.1108. History. — s. 1, ch. 2006-217; s. 2, ch. 2009-117; s. 2, ch. 2018-35; s. 4, ch. 2021-183; s. 2, ch. 2022-96. 736.0106 Common law of trusts; principles of equity. 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. 736.0107 Governing law. 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, including, but not limited to, the location of real property held by the trust or the residence or location of an office of the settlor, trustee, or any beneficiary; or (2) In the absence of a controlling designation in the terms of the trust, the law of the jurisdiction where the settlor resides at the time the trust is first created. Notwithstanding subsection (1) or subsection (2), a designation in the terms of a trust is not controlling as to any matter for which the designation would be contrary to a strong public policy of this state. History. — s. 1, ch. 2006-217. 736.0108 Principal place of 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 principal place of administration are valid and controlling if: (a) A trustee’s principal place of business is located in or a trustee is a resident of the designated jurisdiction; or (b) All or part of the administration occurs in the designated jurisdiction. (2) Unless otherwise validly designated in the trust instrument, the principal place of administration of a trust is the trustee’s usual place of business where the records pertaining to the trust are kept or, if the trustee has no place of business, the trustee’s residence. In the case of cotrustees, the principal place of administration is: (a) The usual place of business of the corporate trustee, if there is only one corporate cotrustee; (b) The usual place of business or residence of the individual trustee who is a professional fiduciary, if there is only one such person and no corporate cotrustee; or otherwise (c) The usual place of business or residence of any of the cotrustees as agreed on by the cotrustees. (3) Notwithstanding any other provision of this section, the principal place of administration of a trust, for which a bank, association, or trust company organized under the laws of this state or bank or savings association organized under the laws of the United States with its main office in this state has been appointed trustee, shall not be moved or otherwise affected solely because the trustee engaged in an interstate merger transaction with an out-of-state bank pursuant to s. 658.2953 in which the out-of-state bank is the resulting bank. (4) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes and its administration. (5) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection (4), may transfer the trust’s principal place of administration to another state or to a jurisdiction outside of the United States. (6) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust’s principal place of administration not less than 60 days before initiating the transfer. The notice of proposed transfer must include: (a) The name of the jurisdiction to which the principal place of administration is to be transferred. (b) The address and telephone number at the new location at which the trustee can be contacted. (c) An explanation of the reasons for the proposed transfer. (d) The date on which the proposed transfer is anticipated to occur. (e) The date, not less than 60 days after the notice is provided, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer. (7) The authority of a trustee to act under this section without court approval to transfer a trust’s principal place of administration is suspended if a qualified beneficiary files a lawsuit objecting to the proposed transfer on or before the date specified in the notice. The suspension is effective until the lawsuit is dismissed or withdrawn. (8) In connection with a transfer of the trust’s principal place of administration, the trustee may transfer any of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to s. 736.0704. History. — s. 1, ch. 2006-217. 736.0109 Methods and waiver of notice. (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 document include first-class mail, personal delivery, delivery to the person’s last known place of residence or place of business, a properly directed facsimile or other electronic message, including e-mail, or posting on a secure electronic account or website in accordance with subsection (3). (2) Notice otherwise required under this code or a document otherwise required to be sent under this code need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee. (3) A document that is sent solely by posting on an electronic account or website is not deemed sent for purposes of this section unless the sender complies with this subsection. The sender has the burden of proving compliance with this subsection. (a) The recipient must sign a separate written authorization solely for the purpose of authorizing the sender to post documents on an electronic account or website before such posting. The written authorization must: 1. Specifically indicate whether a trust accounting, trust disclosure document, or limitation notice, as those terms are defined in s. 736.1008(4), will be posted in this manner, and generally enumerate the other types of documents that may be posted in this manner. 2. Contain specific instructions for accessing the electronic account or website, including the security procedures required to access the electronic account or website, such as a username and password. 3. Advise the recipient that a separate notice will be sent when a document is posted on the electronic account or website and the manner in which the separate notice will be sent. 4. Advise the recipient that the authorization to receive documents by electronic posting may be amended or revoked at any time and include specific instructions for revoking or amending the authorization, including the address designated for the purpose of receiving notice of the revocation or amendment. 5. Advise the recipient that posting a document on the electronic account or website may commence a limitations period as short as 6 months even if the recipient never actually accesses the electronic account, electronic website, or document. (b) Once the recipient signs the written authorization, the sender must provide a separate notice to the recipient when a document is posted on the electronic account or website. As used in this subsection, the term “separate notice” means a notice sent to the recipient by means other than electronic posting, which identifies each document posted to the electronic account or website and provides instructions for accessing the document. The separate notice requirement is deemed satisfied if the recipient accesses the document on the electronic account or website. (c) A document sent by electronic posting is deemed received by the recipient on the earlier of the date on which the separate notice is received or the date on which the recipient accesses the document on the electronic account or website. (d) At least annually after a recipient signs a written authorization, a sender shall send a notice advising recipients who have authorized one or more documents to be posted on an electronic account or website that such posting may commence a limitations period as short as 6 months even if the recipient never accesses the electronic account or website or the document and that authority to receive documents by electronic posting may be amended or revoked at any time. This notice must be given by means other than electronic posting and may not be accompanied by any other written communication. Failure to provide such notice within 380 days after the last notice is deemed to automatically revoke the authorization to receive documents in the manner permitted under this subsection 380 days after the last notice is sent. (e) The notice required in paragraph (d) may be in substantially the following form: “You have authorized the receipt of documents through posting on an electronic account or website on which the documents can be accessed. This notice is being sent to advise you that a limitations period, which may be as short as 6 months, may be running as to matters disclosed in a trust accounting or other written report of a trustee posted to the electronic account or website even if you never actually access the electronic account or website or the documents. You may amend or revoke the authorization to receive documents by electronic posting at any time. If you have any questions, please consult your attorney.” (f) A sender may rely on the recipient’s authorization until the recipient amends or revokes the authorization by sending a notice to the address designated for that purpose in the authorization or in the manner specified on the electronic account or website. The recipient, at any time, may amend or revoke an authorization to have documents posted on the electronic account or website. (g) If a document is provided to a recipient solely through electronic posting pursuant to this subsection, the recipient must be able to access and print or download the document until the earlier of 4 years after the date that the document is deemed received by the recipient or the date upon which the recipient’s access to the electronic account or website is terminated for any reason. 1. If the recipient’s access to the electronic account or website is terminated for any reason, such termination does not invalidate the notice or sending of any document previously posted on the electronic account or website in accordance with this subsection, but may toll the applicable limitations period as provided in subparagraph 2. 2. If the recipient’s access to the electronic account or website is terminated by the sender sooner than 4 years after the date on which the document was received by the recipient, any applicable limitations period set forth in s. 736.1008(1) or (2) which is still running is tolled for any information adequately disclosed in a document sent solely by electronic posting, from the date on which the recipient’s access to the electronic account or website was terminated by the sender until 45 days after the date on which the sender provides one of the following to the recipient by means other than electronic posting: a. Notice of such termination and notification to the recipient that he or she may request that any documents sent during the prior 4 years solely through electronic posting be provided to him or her by other means at no cost; or b. Notice of such termination and notification to the recipient that his or her access to the electronic account or website has been restored. Any applicable limitations period is further tolled from the date on which any request is made pursuant to sub-subparagraph 2.a. until 20 days after the date on which the requested documents are provided to the recipient by means other than electronic posting. (h) For purposes of this subsection, access to an electronic account or website is terminated by the sender when the sender unilaterally terminates the recipient’s ability to access the electronic website or account or to download or print any document posted on such website or account. Access is not terminated by the sender when access is terminated by an action of the recipient or by an action of the sender in response to the recipient’s request to terminate access. The recipient’s revocation of authorization pursuant to paragraph (f) is not considered a request to terminate access. (i) This subsection does not affect or alter the duties of a trustee to keep clear, distinct, and accurate records pursuant to s. 736.0810 or affect or alter the time periods for which the trustee must maintain such records. (j) This subsection governs the posting of a document solely for the purpose of giving notice under this code or the sending of a document to a person under this code and does not prohibit or otherwise apply to the posting of a document on an electronic account or website for any other purpose or preclude the sending of a document by any other means. (4) Notwithstanding subsection (3), a family trust company, licensed family trust company, or foreign licensed family trust company, as defined in s. 662.111, that is a trustee of a trust may use any permissible method for providing notice or for sending a document specified in subsection (1) or may send a properly directed e-mail that contains an attached notice or document or contains a hyperlink through which the recipient can view the notice or document as a permissible method of providing notice or sending a document. For purposes of this subsection, such notice or document sent by e-mail is deemed to have been sent if any username, password, or other specific instructions needed to access the notice or document are communicated to the recipient beforehand or contemporaneously with the sending of the e-mail message containing the notice, document, or hyperlink, or upon the request of the recipient. (5) Notice to a person under this code, or the sending of a document to a person under this code electronically, is complete when sent. (a) An electronic message is presumed received on the date that the message is sent. (b) If the sender has knowledge that an electronic message did not reach the recipient, the electronic message is deemed to have not been received. The sender has the burden to prove that another copy of the notice or document was sent by electronic message or by other means authorized by this section. (6) Notice under this code or the sending of a document under this code may be waived by the person to be notified or to whom the document is to be sent. (7) Notice and service of documents in a judicial proceeding are governed by the Florida Rules of Civil Procedure. History. — s. 1, ch. 2006-217; s. 1, ch. 2015-176; s. 3, ch. 2018-35; s. 3, ch. 2022-96. 736.0110 Others treated as qualified beneficiaries. (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: (a) Is a distributee or permissible distributee of trust income or principal; (b) Would be a distributee or permissible distributee of trust income or principal on termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or (c) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. (2) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in s. 736.0408 or s. 736.0409 has the rights of a qualified beneficiary under this code. (3)(a) The Attorney General may assert the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state. The Attorney General has standing to assert such rights in any judicial proceedings. (b) Where the Attorney General asserts the rights of a qualified beneficiary as provided in paragraph (a), the Attorney General has the exclusive authority to represent the general public, unnamed charitable beneficiaries, and any person other than a named charitable beneficiary having a special interest in a charitable trust, in any judicial proceedings within this state or elsewhere, with respect to all matters relating to the administration of the charitable trust, including, and without limitation, contract and trust law claims relating to charitable distributions and the exercise of trustee powers. The Attorney General of another state or any other public officer of another state does not have standing to assert such rights or interests. History. — s. 1, ch. 2006-217; s. 5, ch. 2017-155; s. 1, ch. 2025-18. 736.0111 Nonjudicial settlement agreements. (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 to any matter involving a trust. (3) A nonjudicial settlement agreement among the trustee and trust beneficiaries is valid only to the extent the terms and conditions could be properly approved by the court. A nonjudicial settlement may not be used to produce a result not authorized by other provisions of this code, including, but not limited to, terminating or modifying a trust in an impermissible manner. (4) Matters that may be resolved by a nonjudicial settlement agreement include: (a) The interpretation or construction of the terms of the trust. (b) The approval of a trustee’s report or accounting. (c) The direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power. (d) The resignation or appointment of a trustee and the determination of a trustee’s compensation. (e) The transfer of a trust’s principal place of administration. (f) The liability of a trustee for an action relating to the trust. (5) Any interested person may request the court to approve or disapprove a nonjudicial settlement agreement. History. — s. 1, ch. 2006-217. 736.0112 Qualification of foreign trustee. 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. PART II JUDICIAL PROCEEDINGS 736.0201 Role of court in trust proceedings. 736.0202 Jurisdiction over trustee and beneficiary. 736.02025 Service of process. 736.0203 Subject matter jurisdiction. 736.0204 Venue. 736.0206 Proceedings for review of employment of agents and review of compensation of trustee and employees of trust. 736.0207 Trust contests. 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; (c) Review trustees’ fees; (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. 736.0202 Jurisdiction over trustee and beneficiary. (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 beneficiary, or other person, whether or not a citizen or resident of this state, who personally or through an agent does any of the following acts related to a trust, submits to the jurisdiction of the courts of this state involving that trust: 1. Accepts trusteeship of a trust having its principal place of administration in this state at the time of acceptance. 2. Moves the principal place of administration of a trust to this state. 3. Serves as trustee of a trust created by a settlor who was a resident of this state at the time of creation of the trust or serves as trustee of a trust having its principal place of administration in this state. 4. Accepts or exercises a delegation of powers or duties from the trustee of a trust having its principal place of administration in this state. 5. Commits a breach of trust in this state, or commits a breach of trust with respect to a trust having its principal place of administration in this state at the time of the breach. 6. Accepts compensation from a trust having its principal place of administration in this state. 7. Performs any act or service for a trust having its principal place of administration in this state. 8. Accepts a distribution from a trust having its principal place of administration in this state with respect to any matter involving the distribution. (b) A court of this state may exercise personal jurisdiction over a trustee, trust beneficiary, or other person, whether found within or outside the state, to the maximum extent permitted by the State Constitution or the Federal Constitution. History. — s. 2, ch. 2006-217; s. 10, ch. 2013-172. 736.02025 Service of process. (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 sending a copy of the summons and complaint by any commercial delivery service requiring a signed receipt or by any form of mail requiring a signed receipt. Service under this subsection shall be complete upon signing of a receipt by the addressee or by any person authorized to receive service of a summons on behalf of the addressee as provided in chapter 48. Proof of service shall be by verified statement of the person serving the summons, to which must be attached the signed receipt or other evidence satisfactory to the court that delivery was made to the addressee or other authorized person. (3) Under any of the following circumstances, service of original process pursuant to subsection (2) may be made by first-class mail: (a) If registered or certified mail service to the addressee is unavailable and if delivery by commercial delivery service is also unavailable. (b) If delivery is attempted and is refused by the addressee. (c) If delivery by mail requiring a signed receipt is unclaimed after notice to the addressee by the delivering entity. (4) If service of process is obtained under subsection (3), proof of service shall be made by verified statement of the person serving the summons. The verified statement must state the basis for service by first-class mail, the date of mailing, and the address to which the mail was sent. History. — s. 11, ch. 2013-172. 736.0203 Subject matter jurisdiction. The circuit court has original jurisdiction in this state of all proceedings arising under this code. History. — s. 2, ch. 2006-217. 736.0204 Venue. 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 county where the trust has its principal place of administration. History. — s. 2, ch. 2006-217. 736.0206 Proceedings for review of employment of agents and review of compensation of trustee and employees of trust. (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 estate is being probated, and the settlor’s trust or the trustee of the settlor’s trust is a beneficiary under the settlor’s will, the trustee, any person employed by the trustee, or any interested person may have the propriety of employment and the reasonableness of the compensation of the trustee or any person employed by the trustee determined in the probate proceeding. (3) The burden of proof of the propriety of the employment and the reasonableness of the compensation shall be on the trustee and the person employed by the trustee. Any person who is determined to have received excessive compensation from a trust for services rendered may be ordered to make appropriate refunds. (4) Court proceedings to determine reasonable compensation of a trustee or any person employed by a trustee, if required, are a part of the trust administration process. The costs, including attorney’s fees, of the person assuming the burden of proof of propriety of the employment and reasonableness of the compensation shall be determined by the court and paid from the assets of the trust unless the court finds the compensation paid or requested to be substantially unreasonable. The court shall direct from which part of the trust assets the compensation shall be paid. (5) The court may determine reasonable compensation for a trustee or any person employed by a trustee without receiving expert testimony. Any party may offer expert testimony after notice to interested persons. If expert testimony is offered, a reasonable expert witness fee may be awarded by the court and paid from the assets of the trust unless the court finds that the expert testimony did not assist the court. The court shall direct from which part of the trust assets the fee shall be paid. (6) In a proceeding pursuant to subsection (2), the petitioner may serve formal notice as provided in the Florida Probate Rules, and such notice shall be sufficient for the court to acquire jurisdiction over the person receiving the notice to the extent of the person’s interest in the trust. History. — s. 2, ch. 2006-217; s. 3, ch. 2010-122. 736.0207 Trust contests. (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, may not be commenced until the trust becomes irrevocable by its terms or by the settlor’s death. If all of a revocable trust has been revoked, an action to contest the revocation may not be commenced until after the settlor’s death. This section does not prohibit such action by the guardian of the property of an incapacitated settlor. History. — s. 2, ch. 2006-217; s. 9, ch. 2011-183; s. 7, ch. 2014-127. PART III REPRESENTATION 736.0301 Representation; basic effect. 736.0302 Representation by holder of power of appointment. 736.0303 Representation by fiduciaries and parents. 736.0304 Representation by person having substantially identical interest. 736.0305 Appointment of representative. 736.0306 Designated representative. 736.0301 Representation; basic effect. (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 by a person who represents the interests of another person under this part are binding on the person whose interests are represented to the same extent as if the actions had been taken by the person whose interests are represented. (3) Except as otherwise provided in s. 736.0602, a person under this part who represents a settlor lacking capacity may receive notice and give a binding consent on the settlor’s behalf. (4) A trustee is not liable for giving notice, information, accountings, or reports to a beneficiary who is represented by another person under this part, and nothing in this part prohibits the trustee from giving notice, information, accountings, or reports to the person represented. History. — s. 3, ch. 2006-217. 736.0302 Representation by holder of power of appointment. (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 interests, as permissible appointees, are subject to the power. (3) Subsection (1) does not apply to: (a) Any matter determined by the court to involve fraud or bad faith by the trustee; or (b) A power of appointment held by a person while the person is the sole trustee. (4) As used in this section, the term “power of appointment” does not include a power of a trustee to make discretionary distributions of trust property. History. — s. 3, ch. 2006-217; s. 3, ch. 2009-117. 736.0303 Representation by fiduciaries and parents. 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 property controls. (2) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal. (3) A trustee may represent and bind the beneficiaries of the trust. (4) A personal representative of a decedent’s estate may represent and bind persons interested in the estate. (5) A parent may represent and bind the parent’s unborn child and the unborn descendants of such unborn child, or the parent’s minor child and the minor or unborn descendants of such minor child, if a guardian of the property for the unborn child, minor child, or such child’s descendants has not been appointed. History. — s. 3, ch. 2006-217; s. 4, ch. 2022-96. 736.0304 Representation by person having substantially identical interest. 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 particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented. History. — s. 3, ch. 2006-217. 736.0305 Appointment of representative. (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, incapacitated, or unborn individual, or a person whose identity or location is unknown. If not precluded by a conflict of interest, a representative may be appointed to represent several persons or interests. (2) A representative may act on behalf of the individual represented with respect to any matter arising under this code, whether or not a judicial proceeding concerning the trust is pending. (3) In making decisions, a representative may consider general benefits accruing to the living members of the represented individual’s family. History. — s. 3, ch. 2006-217. 736.0306 Designated representative. (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 trust, to designate one or more persons to represent and bind a beneficiary and receive any notice, information, accounting, or report. (2) Except as otherwise provided in this code, a person designated, as provided in subsection (1) may not represent and bind a beneficiary while that person is serving as trustee. (3) Except as otherwise provided in this code, a person designated, as provided in subsection (1) may not represent and bind another beneficiary if the person designated also is a beneficiary, unless: (a) That person was named by the settlor; or (b) That person is the beneficiary’s spouse or a grandparent or descendant of a grandparent of the beneficiary or the beneficiary’s spouse. (4) No person designated, as provided in subsection (1), is liable to the beneficiary whose interests are represented, or to anyone claiming through that beneficiary, for any actions or omissions to act made in good faith. History. — s. 3, ch. 2006-217; s. 4, ch. 2009-117. PART IV CREATION, VALIDITY, MODIFICATION, AND TERMINATION 736.0401 Methods of creating trust. 736.0402 Requirements for creation. 736.0403 Trusts created in other jurisdictions; formalities required for revocable trusts. 736.0404 Trust purposes. 736.0405 Charitable purposes; enforcement. 736.0406 Effect of fraud, duress, mistake, or undue influence. 736.0407 Evidence of oral trust. 736.0408 Trust for care of an animal. 736.0409 Noncharitable trust without ascertainable beneficiary. 736.0410 Modification or termination of trust; proceedings for disapproval of nonjudicial acts. 736.04113 Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose. 736.04114 Limited judicial construction of irrevocable trust with federal tax provisions. 736.04115 Judicial modification of irrevocable trust when modification is in best interests of beneficiaries. 736.04117 Trustee’s power to invade principal in trust. 736.0412 Nonjudicial modification of irrevocable trust. 736.0413 Cy pres. 736.0414 Modification or termination of uneconomic trust. 736.0415 Reformation to correct mistakes. 736.0416 Modification to achieve settlor’s tax objectives. 736.0417 Combination and division of trusts. 736.0401 Methods of creating trust. 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) Exercise of a power of appointment in favor of a trustee. History. — s. 4, ch. 2006-217. 736.0402 Requirements for creation. (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; or 3. A trust for a noncharitable purpose, as provided in s. 736.0409. (d) The trustee has duties to perform. (e) The same person is not the sole trustee and sole beneficiary. (2) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities. (3) A power of a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. History. — s. 4, ch. 2006-217. 736.0403 Trusts created in other jurisdictions; formalities required for revocable trusts. (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 subsection (1): (a) No trust or confidence of or in any messuages, lands, tenements, or hereditaments shall arise or result unless the trust complies with the provisions of s. 689.05. (b) The testamentary aspects of a revocable trust, executed by a settlor who is a domiciliary of this state at the time of execution, are invalid unless the trust instrument is executed by the settlor with the formalities required for the execution of a will in this state. For purposes of this subsection, the term “testamentary aspects” means those provisions of the trust instrument that dispose of the trust property on or after the death of the settlor other than to the settlor’s estate. (3) Paragraph (2)(b) does not apply to trusts established as part of an employee annuity described in s. 403 of the Internal Revenue Code of 1986, as amended, an individual retirement account as described in s. 408 of the Internal Revenue Code of 1986, as amended, a Keogh (HR-10) Plan, or a retirement or other plan that is qualified under s. 401 of the Internal Revenue Code of 1986, as amended. (4) Paragraph (2)(b) applies to trusts created on or after the effective date of this code. Former s. 737.111, as in effect prior to the effective date of this code, continues to apply to trusts created before the effective date of this code. History. — s. 4, ch. 2006-217; s. 103, ch. 2019-3. 736.0404 Trust purposes. A trust may be created only to the extent the purposes of the trust are lawful, not contrary to public policy, and possible to achieve. History. — s. 4, ch. 2006-217; s. 4, ch. 2018-35. 736.0405 Charitable purposes; enforcement. (1) A trust may be created for charitable purposes. Charitable purposes include, but are not limited to, the relief of poverty; the advancement of arts, sciences, education, or religion; and the promotion of health, governmental, or municipal purposes. (2) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor’s intent to the extent such intent can be ascertained. (3) The settlor of a charitable trust, among others, has standing to enforce the trust. This subsection may not be construed to afford standing to the Attorney General of any other state, or another public officer of another state, with respect to any charitable trust having its principal place of administration in this state. History. — s. 4, ch. 2006-217; s. 3, ch. 2025-18. 736.0406 Effect of fraud, duress, mistake, or undue influence. If the creation, amendment, or restatement of a trust is procured by fraud, duress, mistake, or undue influence, the trust or any part so procured is void. The remainder of the trust not procured by such means is valid if the remainder is not invalid for other reasons. If the revocation of a trust, or any part thereof, is procured by fraud, duress, mistake, or undue influence, such revocation is void. History. — s. 4, ch. 2006-217; s. 10, ch. 2011-183. 736.0407 Evidence of oral trust. Except as required by s. 736.0403 or a law other than this code, a trust need not be evidenced by a trust instrument but the creation of an oral trust and its terms may be established only by clear and convincing evidence. History. — s. 4, ch. 2006-217. 736.0408 Trust for care of an animal. (1) A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates on the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, on the death of the last surviving animal. (2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. (3) Property of a trust authorized by this section may be applied only to the intended use of the property, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise as part of the settlor’s estate. History. — s. 4, ch. 2006-217. 736.0409 Noncharitable trust without ascertainable beneficiary. Except as otherwise provided in s. 736.0408 or by another provision of law, the following rules apply: (1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than 1,000 years. (2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is appointed, by a person appointed by the court. (3) Property of a trust authorized by this section may be applied only to the intended use of the property, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise as part of the settlor’s estate. History. — s. 4, ch. 2006-217; s. 5, ch. 2022-96. 736.0410 Modification or termination of trust; proceedings for disapproval of nonjudicial acts. (1) In addition to the methods of termination prescribed by ss. 736.04113-736.0414, a trust terminates to the extent the trust expires or is revoked or is properly distributed pursuant to the terms of the trust. (2) A proceeding to disapprove a proposed modification or termination under s. 736.0412 or a trust combination or division under s. 736.0417 may be commenced by any beneficiary. (3) A proceeding to disapprove a proposed termination under s. 736.0414(1) may be commenced by any qualified beneficiary. History. — s. 4, ch. 2006-217. 736.04113 Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose. (1) Upon the application of a trustee of the trust or any qualified beneficiary, a court at any time may modify the terms of a trust that is not then revocable in the manner provided in subsection (2), if: (a) The purposes of the trust have been fulfilled or have become illegal, impossible, wasteful, or impracticable to fulfill; (b) Because of circumstances not anticipated by the settlor, compliance with the terms of the trust would defeat or substantially impair the accomplishment of a material purpose of the trust; or (c) A material purpose of the trust no longer exists. (2) In modifying a trust under this section, a court may: (a) Amend or change the terms of the trust, including terms governing distribution of the trust income or principal or terms governing administration of the trust; (b) Terminate the trust in whole or in part; (c) Direct or permit the trustee to do acts that are not authorized or that are prohibited by the terms of the trust; or (d) Prohibit the trustee from performing acts that are permitted or required by the terms of the trust. (3) In exercising discretion to modify a trust under this section: (a) The court shall consider the terms and purposes of the trust, the facts and circumstances surrounding the creation of the trust, and extrinsic evidence relevant to the proposed modification. (b) The court shall consider spendthrift provisions as a factor in making a decision, but the court is not precluded from modifying a trust because the trust contains spendthrift provisions. (4) The provisions of this section are in addition to, and not in derogation of, rights under the common law to modify, amend, terminate, or revoke trusts. History. — s. 4, ch. 2006-217. 736.04114 Limited judicial construction of irrevocable trust with federal tax provisions. (1) Upon the application of a trustee or any qualified beneficiary of a trust, a court at any time may construe the terms of a trust that is not then revocable to define the respective shares or determine beneficiaries, in accordance with the intention of the settlor, if a disposition occurs during the applicable period and the trust contains a provision that: (a) Includes a formula disposition referring to the “unified credit,” “estate tax exemption,” “applicable exemption amount,” “applicable credit amount,” “applicable exclusion amount,” “generation-skipping transfer tax exemption,” “GST exemption,” “marital deduction,” “maximum marital deduction,” “unlimited marital deduction,” or “maximum charitable deduction”; (b) Measures a share of a trust based on the amount that can pass free of federal estate tax or