Florida Statutes
Title XLII - Estates and Trusts

732.2145 - Order of contribution; personal representative’s duty to collect contribution. - (1) The court shall determine the elective share and contribution....

732.2151 - Award of fees and costs in elective share proceedings. - (1) The court may award taxable costs as in chancery...

732.2155 - Effective date; effect of prior waivers; transition rules. - (1) Sections 732.201-732.2155 are effective on October 1, 1999, for...

732.216 - Short title. - History.—s. 4, ch. 92-200.

732.217 - Application. - (1) Personal property, wherever located, which: (a) Was acquired as,...

732.218 - Rebuttable presumptions. - (1) Property acquired during marriage by a spouse of that...

732.219 - Disposition upon death. - History.—s. 7, ch. 92-200; s. 32, ch. 2001-226; s. 107,...

732.221 - Perfection of title of personal representative or beneficiary. - History.—s. 8, ch. 92-200; s. 33, ch. 2001-226.

732.222 - Purchaser for value or lender. - (1) If a surviving spouse has apparent title to property...

732.223 - Perfection of title of surviving spouse. - History.—s. 10, ch. 92-200; s. 957, ch. 97-102; s. 35,...

732.224 - Creditor’s rights. - History.—s. 11, ch. 92-200.

732.225 - Acts of married persons. - History.—s. 12, ch. 92-200.

732.226 - Limitations on testamentary disposition. - History.—s. 13, ch. 92-200.

732.227 - Homestead defined. - History.—s. 14, ch. 92-200.

732.228 - Uniformity of application and construction. - History.—s. 15, ch. 92-200.

Part III - Pretermitted Spouse and Children (Ss. 732.301, 732.302)

732.301 - Pretermitted spouse. - (1) Provision has been made for, or waived by, the...

732.302 - Pretermitted children. - (1) It appears from the will that the omission was...

Part IV - Exempt Property and Allowances (Ss. 732.401-732.403)

732.401 - Descent of homestead. - (1) If not devised as authorized by law and the...

732.4015 - Devise of homestead. - (1) As provided by the Florida Constitution, the homestead shall...

732.4017 - Inter vivos transfer of homestead property. - (1) If the owner of homestead property transfers an interest...

732.402 - Exempt property. - (1) If a decedent was domiciled in this state at...

732.403 - Family allowance. - History.—s. 1, ch. 74-106; s. 19, ch. 75-220; s. 960,...

Part V - Wills (Ss. 732.501-732.526)

732.501 - Who may make a will. - History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 41,...

732.502 - Execution of wills. - (1)(a) Testator’s signature.— 1. The testator must sign the will...

732.503 - Self-proof of will. - (1) A will or codicil executed in conformity with s....

732.504 - Who may witness. - (1) Any person competent to be a witness may act...

732.505 - Revocation by writing. - (1) By a subsequent inconsistent will or codicil, even though...

732.506 - Revocation by act. - History.—s. 1, ch. 74-106; s. 23, ch. 75-220; s. 963,...

732.507 - Effect of subsequent marriage, birth, adoption, or dissolution of marriage. - (1) Neither subsequent marriage, birth, nor adoption of descendants shall...

732.508 - Revival by revocation. - (1) The revocation by the testator of a will that...

732.509 - Revocation of codicil. - History.—s. 1, ch. 74-106; s. 113, ch. 75-220. Note.—Created from...

732.5105 - Republication of wills by codicil. - History.—s. 1, ch. 74-106; s. 113, ch. 75-220. Note.—Created from...

732.511 - Republication of wills by reexecution. - History.—s. 1, ch. 74-106; s. 113, ch. 75-220. Note.—Created from...

732.512 - Incorporation by reference. - (1) A writing in existence when a will is executed...

732.513 - Devises to trustee. - (1) A valid devise may be made to the trustee...

732.514 - Vesting of devises. - History.—s. 1, ch. 74-106; ss. 28, 113, ch. 75-220; s....

732.515 - Separate writing identifying devises of tangible property. - History.—s. 1, ch. 74-106; s. 29, ch. 75-220; s. 48,...

732.5165 - Effect of fraud, duress, mistake, and undue influence. - History.—s. 31, ch. 75-220; s. 6, ch. 2011-183.

732.517 - Penalty clause for contest. - History.—s. 1, ch. 74-106; s. 113, ch. 75-220.

732.518 - Will contests. - History.—s. 17, ch. 92-200; s. 7, ch. 2011-183.

732.521 - Definitions. - (1) “Audio-video communication technology” has the same meaning as provided...

732.522 - Method and place of execution. - (1) Any requirement that an instrument be signed may be...

732.523 - Self-proof of electronic will. - (1) The acknowledgment of the electronic will by the testator...

732.524 - Qualified custodians. - (1) To serve as a qualified custodian of an electronic...

732.525 - Liability coverage; receivership of qualified custodians. - (1) A qualified custodian shall: (a) Post and maintain a...

732.526 - Probate. - (1) An electronic will that is filed electronically with the...

Part VI - Rules of Construction (Ss. 732.6005-732.616)

732.6005 - Rules of construction and intention. - (1) The intention of the testator as expressed in the...

732.601 - Simultaneous Death Law. - (1) When title to property or its devolution depends on...

732.603 - Antilapse; deceased devisee; class gifts. - (1) Unless a contrary intent appears in the will, if...

732.604 - Failure of testamentary provision. - (1) Except as provided in s. 732.603, if a devise...

732.605 - Change in securities; accessions; nonademption. - (1) If the testator intended a specific devise of certain...

732.606 - Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance. - (1) If specifically devised property is sold by a guardian...

732.607 - Exercise of power of appointment. - History.—s. 1, ch. 74-106; s. 38, ch. 75-220.

732.608 - Construction of terms. - History.—s. 1, ch. 74-106; s. 38, ch. 75-220; s. 10,...

732.609 - Ademption by satisfaction. - History.—s. 1, ch. 74-106; s. 38, ch. 75-220.

732.611 - Devises to multigeneration classes to be per stirpes. - History.—s. 1, ch. 74-106; s. 38, ch. 75-220; s. 35,...

732.615 - Reformation to correct mistakes. - History.—s. 3, ch. 2011-183.

732.616 - Modification to achieve testator’s tax objectives. - History.—s. 4, ch. 2011-183.

Part VII - Contractual Arrangements Relating to Death (Ss. 732.701-732.703)

732.701 - Agreements concerning succession. - (1) No agreement to make a will, to give a...

732.702 - Waiver of spousal rights. - (1) The rights of a surviving spouse to an elective...

732.7025 - Waiver of homestead rights through deed. - (1) A spouse waives his or her rights as a...

732.703 - Effect of divorce, dissolution, or invalidity of marriage on disposition of certain assets at death. - (1) As used in this section, unless the context requires...

Part VIII - General Provisions (Ss. 732.802-732.806)

732.802 - Killer not entitled to receive property or other benefits by reason of victim’s death. - (1) A surviving person who unlawfully and intentionally kills or...

732.8031 - Forfeiture for abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult. - (1) A surviving person who is convicted in any state...

732.804 - Provisions relating to disposition of the body. - History.—s. 1, ch. 74-106; s. 43, ch. 75-220; s. 971,...

732.805 - Spousal rights procured by fraud, duress, or undue influence. - (1) A surviving spouse who is found to have procured...

732.806 - Gifts to lawyers and other disqualified persons. - (1) Any part of a written instrument which makes a...

Part IX - Production of Wills (S. 732.901)

732.901 - Production of wills. - (1) The custodian of a will must deposit the will...

Chapter 733 - Probate Code: Administration of Estates

Part I - General Provisions (Ss. 733.101-733.109)

733.101 - Venue of probate proceedings. - (1) The venue for probate of wills and granting letters...

733.103 - Effect of probate. - (1) Until admitted to probate in this state or in...

733.104 - Suspension of statutes of limitation in favor of the personal representative. - (1) If a person entitled to bring an action dies...

733.105 - Determination of beneficiaries. - (1) When property passes by intestate succession or the will...

733.1051 - Limited judicial construction of will with federal tax provisions. - (1) Upon the application of a personal representative or a...

733.106 - Costs and attorney fees. - (1) In all probate proceedings, costs may be awarded as...

733.1061 - Fees and costs; will reformation and modification. - (1) In a proceeding arising under s. 732.615 or s....

733.107 - Burden of proof in contests; presumption of undue influence. - (1) In all proceedings contesting the validity of a will,...

733.109 - Revocation of probate. - (1) A proceeding to revoke the probate of a will...

Part II - Commencing Administration (Ss. 733.201-733.213)

733.201 - Proof of wills. - (1) Self-proved wills executed in accordance with this code may...

733.202 - Petition. - History.—s. 1, ch. 74-106; s. 52, ch. 75-220; s. 19,...

733.204 - Probate of a will written in a foreign language. - (1) No will written in a foreign language shall be...

733.205 - Probate of notarial will. - (1) When a copy of a notarial will in the...

733.206 - Probate of will of resident after foreign probate. - (1) If a will of any person who dies a...

733.207 - Establishment and probate of lost or destroyed will. - History.—s. 1, ch. 74-106; s. 57, ch. 75-220; s. 91,...

733.208 - Discovery of later will. - History.—s. 1, ch. 74-106; s. 58, ch. 75-220; s. 92,...

733.209 - Estates of missing persons. - History.—s. 1, ch. 74-106; s. 93, ch. 2001-226. Note.—Created from...

733.212 - Notice of administration; filing of objections. - (1) The personal representative shall promptly serve a copy of...

733.2121 - Notice to creditors; filing of claims. - (1) Unless creditors’ claims are otherwise barred by s. 733.710,...

733.2123 - Adjudication before issuance of letters. - History.—s. 60, ch. 75-220; s. 2, ch. 81-27; s. 987,...

733.213 - Probate as prerequisite to judicial construction of will. - History.—s. 1, ch. 74-106; s. 61, ch. 75-220; s. 97,...

Part III - Preference in Appointment and Qualifications of Personal Representative (Ss. 733.301-733.3101)

733.301 - Preference in appointment of personal representative. - (1) In granting letters of administration, the following order of...

733.302 - Who may be appointed personal representative. - History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 5,...

733.303 - Persons not qualified. - (1) A person is not qualified to act as a...

733.304 - Nonresidents. - (1) A legally adopted child or adoptive parent of the...

733.305 - Trust companies and other corporations and associations. - (1) All trust companies incorporated under the laws of Florida,...

733.306 - Effect of appointment of debtor. - History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 101,...

733.307 - Succession of administration. - History.—s. 1, ch. 74-106; s. 64, ch. 75-220; s. 102,...

733.308 - Administrator ad litem. - History.—s. 1, ch. 74-106; s. 65, ch. 75-220; s. 103,...

733.309 - Executor de son tort. - History.—s. 1, ch. 74-106; s. 65, ch. 75-220; s. 991,...

733.3101 - Personal representative not qualified. - (1) A personal representative shall resign immediately if the personal...

Part IV - Fiduciary Bonds (Ss. 733.402-733.406)

733.402 - Bond of fiduciary; when required; form. - (1) Unless the bond requirement has been waived by the...

733.403 - Amount of bond. - History.—s. 1, ch. 74-106; s. 67, ch. 75-220; s. 108,...

733.404 - Liability of surety. - History.—s. 1, ch. 74-106; s. 68, ch. 75-220; s. 109,...

733.405 - Release of surety. - (1) Subject to the limitations of this section, on the...

733.406 - Bond premium allowable as expense of administration. - History.—s. 613, ch. 59-205; s. 3, ch. 76-168; s. 1,...

Part V - Curators; Resignation and Removal of Personal Representatives (Ss. 733.501-733.509)

733.501 - Curators. - (1) When it is necessary, the court may appoint a...

733.502 - Resignation of personal representative. - History.—s. 1, ch. 74-106; s. 69, ch. 75-220; s. 25,...

733.503 - Appointment of successor upon resignation. - History.—s. 1, ch. 74-106; s. 69, ch. 75-220; s. 997,...

733.5035 - Surrender of assets after resignation. - History.—s. 115, ch. 2001-226.

733.5036 - Accounting and discharge following resignation. - (1) A resigning personal representative shall file and serve a...

733.504 - Removal of personal representative; causes for removal. - (1) Adjudication that the personal representative is incapacitated. (2) Physical...

733.505 - Jurisdiction in removal proceedings. - History.—s. 1, ch. 74-106; s. 118, ch. 2001-226. Note.—Created from...

733.506 - Proceedings for removal. - History.—s. 1, ch. 74-106; s. 71, ch. 75-220; s. 119,...

733.5061 - Appointment of successor upon removal. - History.—s. 120, ch. 2001-226.

733.508 - Accounting and discharge of removed personal representatives upon removal. - (1) A removed personal representative shall file and serve a...

733.509 - Surrender of assets upon removal. - History.—s. 1, ch. 74-106; s. 73, ch. 75-220; s. 123,...

Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)

733.601 - Time of accrual of duties and powers. - History.—s. 1, ch. 74-106; s. 74, ch. 75-220; s. 1000,...

733.602 - General duties. - (1) A personal representative is a fiduciary who shall observe...

733.603 - Personal representative to proceed without court order. - History.—s. 1, ch. 74-106; s. 1002, ch. 97-102; s. 126,...

733.604 - Inventories and accountings; public records exemptions. - (1)(a) Unless an inventory has been previously filed, a personal...

733.6065 - Opening safe-deposit box. - (1) Subject to the provisions of s. 655.936(2), the initial...

733.607 - Possession of estate. - (1) Except as otherwise provided by a decedent’s will, every...

733.608 - General power of the personal representative. - (1) All real and personal property of the decedent, except...

733.609 - Improper exercise of power; breach of fiduciary duty. - (1) A personal representative’s fiduciary duty is the same as...

733.610 - Sale, encumbrance, or transaction involving conflict of interest. - (1) The will or a contract entered into by the...

733.611 - Persons dealing with the personal representative; protection. - History.—s. 1, ch. 74-106; s. 78, ch. 75-220; s. 30,...

733.612 - Transactions authorized for the personal representative; exceptions. - (1) Retain assets owned by the decedent, pending distribution or...

733.6121 - Personal representative; powers as to environmental issues relating to property subject to administration; liability. - (1) Except as otherwise provided by the will or by...

733.613 - Personal representative’s right to sell real property. - (1) When a personal representative of an intestate estate, or...

733.614 - Powers and duties of successor personal representative. - History.—s. 1, ch. 74-106; s. 78, ch. 75-220; s. 1012,...

733.615 - Joint personal representatives; when joint action required. - (1) If two or more persons are appointed joint personal...

733.616 - Powers of surviving personal representatives. - History.—s. 1, ch. 74-106; s. 140, ch. 2001-226. Note.—Created from...

733.617 - Compensation of personal representative. - (1) A personal representative shall be entitled to a commission...

733.6171 - Compensation of attorney for the personal representative. - (1) Except as provided in paragraph (2)(d), attorneys for personal...

733.6175 - Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. - (1) The court may review the propriety of the employment...

733.619 - Individual liability of personal representative. - (1) Unless otherwise provided in the contract, a personal representative...

733.620 - Exculpation of personal representative. - (1) A term of a will relieving a personal representative...

Part VII - Creditors’ Claims (Ss. 733.701-733.710)

733.701 - Notifying creditors. - History.—s. 1, ch. 74-106; s. 83, ch. 75-220; s. 33,...

733.702 - Limitations on presentation of claims. - (1) If not barred by s. 733.710, no claim or...

733.703 - Form and manner of presenting claim. - (1) A creditor shall file a written statement of the...

733.704 - Amendment of claims. - History.—s. 1, ch. 74-106; s. 1, ch. 77-174; s. 148,...

733.705 - Payment of and objection to claims. - (1) The personal representative shall pay all claims within 1...

733.706 - Executions and levies. - History.—s. 1, ch. 74-106; s. 86, ch. 75-220; s. 8,...

733.707 - Order of payment of expenses and obligations. - (1) The personal representative shall pay the expenses of the...

733.708 - Compromise. - History.—s. 1, ch. 74-106; s. 86, ch. 75-220; s. 151,...

733.710 - Limitations on claims against estates. - (1) Notwithstanding any other provision of the code, 2 years...

Part VIII - Special Provisions for Distribution (Ss. 733.801-733.817)

733.801 - Delivery of devises and distributive shares. - (1) No personal representative shall be required to pay or...

733.802 - Proceedings for compulsory payment of devises or distributive interest. - (1) Before final distribution, no personal representative shall be compelled:...

733.803 - Encumbered property; liability for payment. - History.—s. 1, ch. 74-106; s. 86, ch. 75-220; s. 155,...

733.805 - Order in which assets abate. - (1) Funds or property designated by the will shall be...

733.806 - Advancement. - History.—s. 1, ch. 74-106; s. 1021, ch. 97-102; s. 157,...

733.808 - Death benefits; disposition of proceeds. - (1) Death benefits of any kind, including, but not limited...

733.809 - Right of retainer. - History.—s. 1, ch. 74-106; s. 39, ch. 77-87; s. 1022,...

733.810 - Distribution in kind; valuation. - (1) Assets shall be distributed in kind unless: (a) A...

733.811 - Distribution; right or title of distributee. - History.—s. 1, ch. 74-106; s. 161, ch. 2001-226.

733.812 - Improper distribution or payment; liability of distributee or payee. - History.—s. 1, ch. 74-106; s. 92, ch. 75-220; s. 1023,...

733.813 - Purchasers from distributees protected. - History.—s. 1, ch. 74-106; s. 163, ch. 2001-226.

733.814 - Partition for purpose of distribution. - History.—s. 1, ch. 74-106; s. 164, ch. 2001-226.

733.815 - Private contracts among interested persons. - History.—s. 1, ch. 74-106; s. 94, ch. 75-220; s. 1024,...

733.816 - Disposition of unclaimed property held by personal representatives. - (1) In all cases in which there is unclaimed property...

733.817 - Apportionment of estate taxes. - (1) DEFINITIONS.—As used in this section, the term: (a) “Fiduciary”...

Part IX - Closing Estates (Ss. 733.901, 733.903)

733.901 - Final discharge. - (1) After administration has been completed, the personal representative shall...

733.903 - Subsequent administration. - History.—s. 1, ch. 74-106; s. 96, ch. 75-220; s. 1,...

Chapter 734 - Probate Code: Foreign Personal Representatives; Ancillary Administration

Part I - General Provisions (Ss. 734.101-734.104)

734.101 - Foreign personal representative. - (1) Personal representatives who produce authenticated copies of probated wills...

734.102 - Ancillary administration. - (1) If a nonresident of this state dies leaving assets...

734.1025 - Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims. - (1) When a nonresident decedent dies testate and leaves property...

734.104 - Foreign wills; admission to record; effect on title. - (1) An authenticated copy of the will of a nonresident...

Part II - Jurisdiction Over Foreign Personal Representatives (Ss. 734.201, 734.202)

734.201 - Jurisdiction by act of foreign personal representative. - (1) Filing authenticated copies of the domiciliary proceedings under s....

734.202 - Jurisdiction by act of decedent. - History.—s. 1, ch. 74-106; s. 1032, ch. 97-102; s. 175,...

Chapter 735 - Probate Code: Small Estates

Part I - Summary Administration (Ss. 735.201-735.2063)

735.201 - Summary administration; nature of proceedings. - (1) In a testate estate, that the decedent’s will does...

735.202 - May be administered in the same manner as other estates. - History.—s. 1, ch. 74-106. Note.—Created from former s. 735.02.

735.203 - Petition for summary administration. - (1) A petition for summary administration may be filed by...

735.2055 - Filing of petition. - History.—s. 47, ch. 77-87.

735.206 - Summary administration distribution. - (1) Upon the filing of the petition for summary administration,...

735.2063 - Notice to creditors. - (1) Any person who has obtained an order of summary...

Part II - Disposition of Personal Property Without Administration (Ss. 735.301-735.304)

735.301 - Disposition without administration. - (1) No administration shall be required or formal proceedings instituted...

735.302 - Income tax refunds in certain cases. - (1) In any case when the United States Treasury Department...

735.303 - Payment to successor without court proceedings. - (1) As used in this section, the term: (a) “Family...

735.304 - Disposition without administration of intestate property in small estates. - (1) No administration shall be required or formal proceedings instituted...

Chapter 736 - Florida Trust Code

Part I - General Provisions and Definitions (Ss. 736.0101-736.0112)

736.0101 - Short title. - History.—s. 1, ch. 2006-217.

736.0102 - Scope. - (1) Except as otherwise provided in this section, this code...

736.0103 - Definitions. - (1) “Action,” with respect to an act of a trustee,...

736.0104 - Knowledge. - (1) Subject to subsection (2), a person has knowledge of...

736.0105 - Default and mandatory rules. - (1) Except as otherwise provided in the terms of the...

736.0106 - Common law of trusts; principles of equity. - History.—s. 1, ch. 2006-217.

736.0107 - Governing law. - (1) The law of the jurisdiction designated in the terms...

736.0108 - Principal place of administration. - (1) Terms of a trust designating the principal place of...

736.0109 - Methods and waiver of notice. - (1) Notice to a person under this code or the...

736.0110 - Others treated as qualified beneficiaries. - (1) A charitable organization expressly designated to receive distributions under...

736.0111 - Nonjudicial settlement agreements. - (1) For purposes of this section, the term “interested persons”...

736.0112 - Qualification of foreign trustee. - History.—s. 1, ch. 2006-217.

Part II - Judicial Proceedings (Ss. 736.0201-736.0207)

736.0201 - Role of court in trust proceedings. - (1) Except as provided in subsections (5), (6), and (7)...

736.0202 - Jurisdiction over trustee and beneficiary. - (1) IN REM JURISDICTION.—Any beneficiary of a trust having its...

736.02025 - Service of process. - (1) Except as otherwise provided in this section, service of...

736.0203 - Subject matter jurisdiction. - History.—s. 2, ch. 2006-217.

736.0204 - Venue. - (1) Any county where the venue is proper under chapter...

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...

736.0207 - Trust contests. - (1) In an action to contest the validity or revocation...

Part III - Representation (Ss. 736.0301-736.0306)

736.0301 - Representation; basic effect. - (1) Notice, information, accountings, or reports given to a person...

736.0302 - Representation by holder of power of appointment. - (1) The holder of a power of appointment may represent...

736.0303 - Representation by fiduciaries and parents. - (1) A guardian of the property may represent and bind...

736.0304 - Representation by person having substantially identical interest. - History.—s. 3, ch. 2006-217.

736.0305 - Appointment of representative. - (1) If the court determines that an interest is not...

736.0306 - Designated representative. - (1) If specifically nominated in the trust instrument, one or...

Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417)

736.0401 - Methods of creating trust. - (1) Transfer of property to another person as trustee during...

736.0402 - Requirements for creation. - (1) A trust is created only if: (a) The settlor...

736.0403 - Trusts created in other jurisdictions; formalities required for revocable trusts. - (1) A trust not created by will is validly created...

736.0404 - Trust purposes. - 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...

736.0406 - Effect of fraud, duress, mistake, or undue influence. - History.—s. 4, ch. 2006-217; s. 10, ch. 2011-183.

736.0407 - Evidence of oral trust. - History.—s. 4, ch. 2006-217.

736.0408 - Trust for care of an animal. - (1) A trust may be created to provide for the...

736.0409 - Noncharitable trust without ascertainable beneficiary. - (1) A trust may be created for a noncharitable purpose...

736.0410 - Modification or termination of trust; proceedings for disapproval of nonjudicial acts. - (1) In addition to the methods of termination prescribed by...

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...

736.04114 - Limited judicial construction of irrevocable trust with federal tax provisions. - (1) Upon the application of a trustee or any qualified...

736.04115 - Judicial modification of irrevocable trust when modification is in best interests of beneficiaries. - (1) Without regard to the reasons for modification provided in...

736.04117 - Trustee’s power to invade principal in trust. - (1) DEFINITIONS.—As used in this section, the term: (a) “Absolute...

736.0412 - Nonjudicial modification of irrevocable trust. - (1) After the settlor’s death, a trust may be modified...

736.0413 - Cy pres. - (1) If a particular charitable purpose becomes unlawful, impracticable, impossible...

736.0414 - Modification or termination of uneconomic trust. - (1) After notice to the qualified beneficiaries, the trustee of...

736.0415 - Reformation to correct mistakes. - History.—s. 4, ch. 2006-217.

736.0416 - Modification to achieve settlor’s tax objectives. - History.—s. 4, ch. 2006-217.

736.0417 - Combination and division of trusts. - (1) After notice to the qualified beneficiaries, a trustee may...

Part V - Creditors’ Claims; Spendthrift and Discretionary Trusts (Ss. 736.0501-736.0507)

736.0501 - Rights of beneficiary’s creditor or assignee. - History.—s. 5, ch. 2006-217; s. 11, ch. 2007-153.

736.0502 - Spendthrift provision. - (1) A spendthrift provision is valid only if the provision...

736.0503 - Exceptions to spendthrift provision. - (1) As used in this section, the term “child” includes...

736.0504 - Discretionary trusts; effect of standard. - (1) As used in this section, the term “discretionary distribution”...

736.0505 - Creditors’ claims against settlor. - (1) Whether or not the terms of a trust contain...

736.05053 - Trustee’s duty to pay expenses and obligations of settlor’s estate. - (1) A trustee of a trust described in s. 733.707(3)...

736.05055 - Notice of trust. - (1) Upon the death of a settlor of a trust...

736.0506 - Overdue distribution. - (1) As used in this section, the term “mandatory distribution”...

736.0507 - Personal obligations of trustee. - History.—s. 5, ch. 2006-217.

Part VI - Revocable Trusts (Ss. 736.0601-736.0604)

736.0601 - Capacity of settlor of revocable trust. - History.—s. 6, ch. 2006-217.

736.0602 - Revocation or amendment of revocable trust. - (1) Unless the terms of a trust expressly provide that...

736.0603 - Settlor’s powers; powers of withdrawal. - (1) While a trust is revocable, the duties of the...

736.0604 - Limitation on action contesting validity of revocable trust. - (1) The time as provided in chapter 95; or (2)...

Part VII - Office of Trustee (Ss. 736.0701-736.0709)

736.0701 - Accepting or declining trusteeship. - (1) Except as otherwise provided in subsection (3), a person...

736.0702 - Trustee’s bond. - (1) A trustee shall give bond to secure performance of...

736.0703 - Cotrustees. - (1) Cotrustees who are unable to reach a unanimous decision...

736.0704 - Vacancy in trusteeship; appointment of successor. - (1) A vacancy in a trusteeship occurs if: (a) A...

736.0705 - Resignation of trustee. - (1) A trustee may resign in accordance with the procedure...

736.0706 - Removal of trustee. - (1) The settlor, a cotrustee, or a beneficiary may request...

736.0707 - Delivery of property by former trustee. - (1) Unless a cotrustee remains in office or the court...

736.0708 - Compensation of trustee. - (1) If the terms of a trust do not specify...

736.0709 - Reimbursement of expenses. - (1) A trustee is entitled to be reimbursed out of...

Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817)

736.0801 - Duty to administer trust. - History.—s. 8, ch. 2006-217.

736.0802 - Duty of loyalty. - (1) As between a trustee and the beneficiaries, a trustee...

736.0803 - Impartiality. - History.—s. 8, ch. 2006-217.

736.0804 - Prudent administration. - History.—s. 8, ch. 2006-217.

736.0805 - Expenses of administration. - History.—s. 8, ch. 2006-217.

736.0806 - Trustee’s skills. - History.—s. 8, ch. 2006-217.

736.0807 - Delegation by trustee. - (1) A trustee may delegate duties and powers that a...

736.0809 - Control and protection of trust property. - History.—s. 8, ch. 2006-217.

736.0810 - Recordkeeping and identification of trust property. - (1) A trustee shall keep clear, distinct, and accurate records...

736.08105 - Duty to ascertain marketable title of trust real property. - History.—s. 8, ch. 2006-217.

736.0811 - Enforcement and defense of claims. - History.—s. 8, ch. 2006-217.

736.0812 - Collecting trust property. - History.—s. 8, ch. 2006-217.

736.08125 - Protection of successor trustees. - (1) A successor trustee is not personally liable for actions...

736.0813 - Duty to inform and account. - (1) The trustee’s duty to inform and account includes, but...

736.08135 - Trust accountings. - (1) A trust accounting must be a reasonably understandable report...

736.0814 - Discretionary powers; tax savings. - (1) Notwithstanding the breadth of discretion granted to a trustee...

736.08145 - Grantor trust reimbursement. - (1)(a) Except as otherwise provided under the terms of a...

736.08147 - Duty to distribute trust income. - History.—s. 8, ch. 2006-217.

736.0815 - General powers of trustee. - (1) A trustee, without authorization by the court, may, except...

736.0816 - Specific powers of trustee. - (1) Collect trust property and accept or reject additions to...

736.08163 - Powers of trustees relating to environmental or human health laws or to trust property contaminated with hazardous or toxic substances; liability. - (1) From the creation of a trust until final distribution...

736.08165 - Administration pending outcome of contest or other proceeding. - (1) Pending the outcome of a proceeding filed to determine...

736.0817 - Distribution on termination. - History.—s. 8, ch. 2006-217.

Part IX - Trust Investments (Ss. 736.0901, 736.0902)

736.0901 - Applicability of chapter 518. - History.—s. 9, ch. 2006-217.

736.0902 - Nonapplication of prudent investor rule. - (1) Notwithstanding the provisions of s. 518.11 or s. 736.0804,...

Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)

736.1001 - Remedies for breach of trust. - (1) A violation by a trustee of a duty the...

736.1002 - Damages for breach of trust. - (1) A trustee who commits a breach of trust is...

736.1003 - Damages in absence of breach. - History.—s. 10, ch. 2006-217.

736.1004 - Attorney’s fees and costs. - (1)(a) In all actions for breach of fiduciary duty or...

736.1005 - Attorney fees for services to the trust. - (1) Any attorney who has rendered services to a trust...

736.1006 - Costs in trust proceedings. - (1) In all trust proceedings, costs may be awarded as...

736.1007 - Trustee’s attorney fees. - (1)(a) Except as provided in paragraph (d), if the trustee...

736.1008 - Limitations on proceedings against trustees. - (1) Except as provided in subsection (2), all claims by...

736.1009 - Reliance on trust instrument. - History.—s. 10, ch. 2006-217.

736.1010 - Event affecting administration or distribution. - History.—s. 10, ch. 2006-217.

736.1011 - Exculpation of trustee. - (1) A term of a trust relieving a trustee of...

736.1012 - Beneficiary’s consent, release, or ratification. - (1) The consent, release, or ratification of the beneficiary was...

736.1013 - Limitation on personal liability of trustee. - (1) Except as otherwise provided in the contract, a trustee...

736.1014 - Limitations on actions against certain trusts. - (1) After the death of a settlor, no creditor of...

736.1015 - Interest as general partner. - (1) Unless personal liability is imposed in the contract, a...

736.1016 - Protection of person dealing with trustee. - (1) A person other than a beneficiary who in good...

736.1017 - Certification of trust. - (1) Instead of furnishing a copy of the trust instrument...

736.1018 - Improper distribution or payment; liability of distributee. - History.—s. 10, ch. 2006-217.

Part XI - Rules of Construction (Ss. 736.1101-736.1109)

736.1101 - Rules of construction; general provisions. - (1) The intent of the settlor as expressed in the...

736.1102 - Construction of terms. - History.—s. 11, ch. 2006-217; s. 17, ch. 2010-132.

736.1103 - Gifts to multigeneration classes to be per stirpes. - History.—s. 11, ch. 2006-217.

736.1104 - Person not entitled to receive property or other benefits by reason of victim’s death. - (1) A beneficiary of a trust who unlawfully and intentionally...

736.1105 - Effect of subsequent marriage, birth, adoption, or dissolution of marriage. - (1) Neither subsequent marriage, birth, nor adoption of descendants shall...

736.1106 - Antilapse; survivorship with respect to future interests under terms of inter vivos and testamentary trusts; substitute takers. - (1) As used in this section, the term: (a) “Beneficiary”...

736.1107 - Change in securities; accessions; nonademption. - (1) As much of the gifted securities of the same...

736.1108 - Penalty clause for contest. - (1) A provision in a trust instrument purporting to penalize...

736.1109 - Testamentary and revocable trusts; homestead protections. - (1) If a devise of homestead under a trust violates...

Part XII - Charitable Trusts (Ss. 736.1201-736.1211)

736.1201 - Definitions. - (1) “Charitable organization” means an organization described in s. 501(c)(3)...

736.1202 - Application of this part. - History.—s. 12, ch. 2006-217.

736.1203 - Trustee of a private foundation trust or a split interest trust. - History.—s. 12, ch. 2006-217.

736.1204 - Powers and duties of trustee of a private foundation trust or a split interest trust. - (1) In the exercise of a trustee’s powers, including the...

736.1205 - Notice that this part does not apply. - History.—s. 12, ch. 2006-217; s. 7, ch. 2017-155.

736.1206 - Power to amend trust instrument. - (1) In the case of a trust that is solely...

736.1207 - Power of court to permit deviation. - History.—s. 12, ch. 2006-217; s. 9, ch. 2017-155.

736.1208 - Release; property and persons affected; manner of effecting. - (1) The trustee of a trust, all of the unexpired...

736.1209 - Election to come under this part. - History.—s. 12, ch. 2006-217; s. 148, ch. 2007-5; s. 18,...

736.1210 - Interpretation. - History.—s. 12, ch. 2006-217.

736.1211 - Protections afforded to certain charitable trusts and organizations. - (1) A charitable organization, private foundation trust, split interest trust,...

Part XIII - Miscellaneous (Ss. 736.1301-736.1303)

736.1301 - Electronic records and signatures. - History.—s. 13, ch. 2006-217.

736.1302 - Severability clause. - History.—s. 13, ch. 2006-217.

736.1303 - Application to existing relationships. - (1) Except as otherwise provided in this code, on July...

Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)

736.1401 - Short title. - History.—s. 14, ch. 2021-183.

736.1403 - Application; principal place of administration. - (1) This part applies to a trust subject to this...

736.1405 - Exclusions. - (1) As used in this section, the term “power of...

736.1406 - Power of trust director. - (1) Subject to s. 736.1407, relating to trust directors being...

736.1407 - Limitations on trust director. - (1) A payback provision in the terms of a trust...

736.1408 - Duty and liability of trust director. - (1) Subject to subsection (2), with respect to a power...

736.1409 - Duty and liability of directed trustee. - (1) Subject to subsection (2), a directed trustee shall take...

736.141 - Duty to provide information. - (1) Subject to s. 736.1411, relating to limitations on the...

736.1411 - No duty to monitor, inform, or advise. - (1) Notwithstanding s. 736.1409(1), relating to the duty of a...

736.1412 - Application to cotrustee. - (1) The terms of a trust may provide for the...

736.1413 - Limitation of action against trust director. - (1) An action against a trust director for breach of...

736.1414 - Defenses in action against trust director. - History.—s. 25, ch. 2021-183.

736.1415 - Jurisdiction over trust director. - (1) By accepting appointment as a trust director of a...

736.1416 - Office of trust director. - (1) Unless the terms of a trust provide otherwise, a...

Part XV - Community Property Trust Act (Ss. 736.1501-736.1512)

736.1501 - Short title. - History.—s. 29, ch. 2021-183.

736.1502 - Definitions. - (1) “Community property” means the property and the appreciation of...

736.1503 - Requirements for community property trust. - (1) Expressly declares that the trust is a community property...

736.1504 - Agreement establishing community property trust; amendments and revocation. - (1) In the agreement establishing a community property trust, the...

736.1505 - Classification of property as community property; enforcement; duration; management and control; effect of distributions. - (1) Whether both, one, or neither is domiciled in the...

736.1506 - Satisfaction of obligations. - (1) An obligation solely incurred by one settlor spouse before...

736.1507 - Death of a spouse. - History.—s. 35, ch. 2021-183.

736.1508 - Dissolution of marriage. - (1) Upon the dissolution of the marriage of the settlor...

736.1509 - Right of child to support. - History.—s. 37, ch. 2021-183.

736.151 - Homestead property. - (1) Property that is transferred to or acquired subject to...

736.1511 - Application of Internal Revenue Code; community property classified by another jurisdiction. - History.—s. 39, ch. 2021-183.

736.1512 - Unenforceable trusts. - (1) A community property trust executed during marriage is not...

Chapter 738 - Principal and Income

738.101 - Short Title. - History.—s. 1, ch. 2002-42.

738.102 - Definitions. - (1) “Accounting period” means a calendar year unless another 12-month...

738.103 - Fiduciary Duties; General Principles. - (1) In allocating receipts and disbursements to or between principal...

738.104 - Trustee’s Power to Adjust. - (1) A trustee may adjust between principal and income to...

738.1041 - Total Return Unitrust. - (1) For purposes of this section, the term: (a) “Average...

738.105 - Judicial Control of Discretionary Powers. - (1) A court may not change a trustee’s decision to...

738.201 - Determination and Distribution of Net Income. - (1) A fiduciary of an estate or of a terminating...

738.202 - Distribution to Residuary and Remainder Beneficiaries. - (1) Each beneficiary described in s. 738.201(4) is entitled to...

738.301 - When Right to Income Begins and Ends. - (1) An income interest begins on the date specified in...

738.302 - Apportionment of Receipts and Disbursements When Decedent Dies or Income Interest Begins. - (1) A fiduciary shall allocate an income receipt or disbursement...

738.303 - Apportionment When Income Interest Ends. - (1) For purposes of this section, “undistributed income” means net...

738.401 - Character of Receipts. - (1) For purposes of this section, the term “entity” means...

738.402 - Distribution From Trust or Estate. - History.—s. 1, ch. 2002-42; s. 13, ch. 2012-49.

738.403 - Business and Other Activities Conducted by Fiduciary. - (1) If a fiduciary who conducts a business or other...

738.501 - Principal Receipts. - (1) To the extent not allocated to income under this...

738.502 - Rental Property. - History.—s. 1, ch. 2002-42; s. 16, ch. 2012-49.

738.503 - Obligation to Pay Money. - (1) An amount received as interest, whether determined at a...

738.504 - Insurance Policies and Similar Contracts. - (1) Except as otherwise provided in subsection (2), a fiduciary...

738.601 - Insubstantial Allocations Not Required. - (1) The amount of the allocation would increase or decrease...

738.602 - Payments From Deferred Compensation Plans, Annuities, and Retirement Plans or Accounts. - (1) As used in this section, the term: (a) “Fund”...

738.603 - Liquidating Asset. - (1) For purposes of this section, the term “liquidating asset”...

738.604 - Minerals, Water, and Other Natural Resources. - (1) If a fiduciary accounts for receipts from an interest...

738.605 - Timber. - (1) If a fiduciary accounts for receipts from the sale...

738.606 - Property Not Productive of Income. - (1) If a marital deduction under the Internal Revenue Code...

738.607 - Derivatives and Options. - (1) For purposes of this section, “derivative” means a contract...

738.608 - Asset-Backed Securities. - (1) For purposes of this section, “asset-backed security” means an...

738.701 - Disbursements From Income. - (1) One-half of the regular compensation of the fiduciary and...

738.702 - Disbursements From Principal. - (1) A fiduciary shall make the following disbursements from principal:...

738.703 - Transfers From Income to Principal for Depreciation. - (1) For purposes of this section, “depreciation” means a reduction...

738.704 - Transfers From Income to Reimburse Principal. - (1) If a fiduciary makes or expects to make a...

738.705 - Income Taxes. - (1) A tax required to be paid by a fiduciary...

738.706 - Adjustments Between Principal and Income Because of Taxes. - (1) A fiduciary may make adjustments between principal and income...

738.801 - Apportionment of Expenses; Improvements. - (1) For purposes of this section, the term: (a) “Remainderman”...

738.802 - Uniformity of Application and Construction. - History.—s. 1, ch. 2002-42.

738.803 - Severability. - History.—s. 1, ch. 2002-42.

738.804 - Application. - History.—s. 1, ch. 2002-42.

Chapter 739 - Florida Uniform Disclaimer of Property Interests Act

739.101 - Short Title. - History.—s. 1, ch. 2005-108.

739.102 - Definitions. - (1) “Benefactor” means the creator of the interest that is...

739.103 - Scope. - History.—s. 1, ch. 2005-108.

739.104 - Power to Disclaim; General Requirements; When Irrevocable. - (1) A person may disclaim, in whole or in part,...

739.201 - Disclaimer of Interest in Property. - (1) The disclaimer takes effect as of the time the...

739.202 - Disclaimer of Rights of Survivorship in Jointly Held Property. - (1) Upon the death of a holder of jointly held...

739.203 - Disclaimer of Property Held as Tenancy by the Entirety. - (1) The survivorship interest in property held as a tenancy...

739.204 - Disclaimer of Interest by Trustee. - History.—s. 1, ch. 2005-108.

739.205 - Disclaimer of Power of Appointment or Other Power Not Held in a Fiduciary Capacity. - (1) If the holder has not exercised the power, the...

739.206 - Disclaimer by Appointee, Object, or Taker in Default of Exercise of Power of Appointment. - (1) A disclaimer of an interest in property by an...

739.207 - Disclaimer of Power Held in Fiduciary Capacity. - (1) If a fiduciary disclaims a power held in a...

739.301 - Delivery or Filing. - (1) Subject to subsections (2) through (12), delivery of a...

739.401 - When Disclaimer Is Permitted. - History.—s. 1, ch. 2005-108.

739.402 - When Disclaimer Is Barred or Limited. - (1) A disclaimer is barred by a written waiver of...

739.501 - Tax-Qualified Disclaimer. - History.—s. 1, ch. 2005-108; s. 18, ch. 2009-115.

739.601 - Recording of Disclaimer Relating to Real Estate. - (1) A disclaimer of an interest in or relating to...

739.701 - Application to Existing Relationships. - History.—s. 1, ch. 2005-108.

Chapter 740 - Fiduciary Access to Digital Assets

740.001 - Short Title. - History.—s. 2, ch. 2016-46.

740.002 - Definitions. - (1) “Account” means an arrangement under a terms-of-service agreement in...

740.003 - User Direction for Disclosure of Digital Assets. - (1) A user may use an online tool to direct...

740.004 - Terms-of-Service Agreement Preserved. - (1) This chapter does not change or impair a right...

740.005 - Procedure for Disclosing Digital Assets. - (1) When disclosing the digital assets of a user under...

740.006 - Disclosure of Content of Electronic Communications of Deceased User. - (1) A written request for disclosure which is in physical...

740.007 - Disclosure of Other Digital Assets of Deceased User. - (1) A written request for disclosure which is in physical...

740.008 - Disclosure of Content of Electronic Communications of Principal. - (1) A written request for disclosure which is in physical...

740.009 - Disclosure of Other Digital Assets of Principal. - (1) A written request for disclosure which is in physical...

740.01 - Disclosure of Digital Assets Held in Trust When Trustee Is the Original User. - History.—s. 11, ch. 2016-46.

740.02 - Disclosure of Content of Electronic Communications Held in Trust When Trustee Is Not the Original User. - (1) A written request for disclosure which is in physical...

740.03 - Disclosure of Other Digital Assets Held in Trust When Trustee Is Not the Original User. - (1) A written request for disclosure which is in physical...

740.04 - Disclosure of Digital Assets to Guardian of Ward. - (1) After an opportunity for a hearing under chapter 744,...

740.05 - Fiduciary Duty and Authority. - (1) The legal duties imposed on a fiduciary charged with...

740.06 - Custodian Compliance and Immunity. - (1) Not later than 60 days after receipt of the...

740.07 - Relation to Electronic Signatures in Global and National Commerce Act. - History.—s. 17, ch. 2016-46.

740.08 - Applicability. - (1) Subject to subsection (3), this chapter applies to: (a)...

740.09 - Severability. - History.—s. 19, ch. 2016-46.

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Florida Statutes Title XLII - Estates and Trusts

Florida Statutes
Title XLII - Estates and Trusts