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The 2024 Florida Statutes
(including 2025 Special Session C)
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F.S. 736.0201736.0201 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 736.0201
Total Results: 12
45 So. 3d 499, 2010 Fla. App. LEXIS 13632, 2010 WL 3564731
District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 2398167
Cited 5 times | Published
for jurisdiction under the long-arm statute.
Section 736.0201(1), Florida Statutes (2009), provides that
260 So. 3d 1108
District Court of Appeal of Florida | Filed: Nov 14, 2018 | Docket: 64699939
Cited 4 times | Published
jurisdiction to supervise the [Trust] pursuant to [section] 736.0201[, Florida Statutes, 2017 ]." The only counts
260 So. 3d 1108
District Court of Appeal of Florida | Filed: Nov 14, 2018 | Docket: 64699940
Cited 1 times | Published
jurisdiction to supervise the [Trust] pursuant to [section] 736.0201[, Florida Statutes, 2017 ]." The only counts
32 So. 3d 133, 2010 Fla. App. LEXIS 568, 2010 WL 323031
District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 1662508
Cited 1 times | Published
to determine the beneficiaries of a trust. See § 736.0201(1), Fla. Stat. (2007). Rule 1.280(b)(1) provides
Supreme Court of Florida | Filed: Jul 3, 2024 | Docket: 68913248
Published
of payment of expenses and
obligations.
§ 736.0201(7), Fla. Stat. Role of court in trust proceedings
District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68510424
Published
trust must be commenced by filing a complaint.
§ 736.0201(1), Fla. Stat. (2023) (“Except as provided in
District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422858
Published
JJ.
PER CURIAM.
Affirmed. See § 736.0201(4)(e), Fla. Stat. (“A judicial proceeding
involving
District Court of Appeal of Florida | Filed: Feb 3, 2023 | Docket: 66833811
Published
Analysis
Section 736.0201(1), Florida Statutes (2022), provides that
District Court of Appeal of Florida | Filed: May 25, 2022 | Docket: 63335817
Published
rights under the testamentary trust
pursuant to section 736.0201(4)(a), (e)–(f),” Florida Statutes (2021).1
Supreme Court of Florida | Filed: Nov 4, 2021 | Docket: 60698371
Published
of payment of expenses and
obligations.
§ 736.0201(7), Fla. Stat. Role of court in trust proceedings
District Court of Appeal of Florida | Filed: Nov 14, 2018 | Docket: 8186503
Published
jurisdiction to supervise the
[Trust] pursuant to [section] 736.0201[, Florida Statutes, 2017]." The only
156 So. 3d 518, 2015 Fla. App. LEXIS 16, 2015 WL 24081
District Court of Appeal of Florida | Filed: Jan 2, 2015 | Docket: 60245799
Published
amendment to White’s revocable trust because section 736.0201(i), Florida Statutes (2013) states that “judicial
