Florida Statute 736.1109 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

View Entire Chapter

F.S. 736.1109

736.1109 Testamentary and revocable trusts; homestead protections.—

(1) If a devise of homestead under a trust violates the limitations on the devise of homestead in s. 4(c), Art. X of the State Constitution, title shall pass as provided in s. 732.401 at the moment of death.

(2) A power of sale or general direction to pay debts, expenses, and claims within the trust instrument does not subject an interest in the protected homestead to the claims of decedent’s creditors, expenses of administration, and obligations of the decedent’s estate as provided in s. 736.05053.

(3) If a trust directs the sale of property that would otherwise qualify as protected homestead, and the property is not subject to the constitutional limitations on the devise of homestead under the State Constitution, title shall remain vested in the trustee and subject to the provisions of the trust.

(4) This section applies only to trusts described in s. 733.707(3) and to testamentary trusts.

(5) This section is intended to clarify existing law and applies to the administration of trusts and estates of decedents who die before, on, or after July 1, 2021.

History.—s. 12, ch. 2021-183.

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Amendments to 736.1109

Annotations, Discussions, Cases:

Cases Citing Statute 736.1109

Total Results: 4

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Jul 3, 2024 | Docket: 68913248

Published

Stat. Role of court in trust proceedings. § 736.1109, Fla. Stat. Testamentary and revocable trusts;

JONATHAN STIRBERG and JESSICA STIRBERG v. HENRY H. FEIN, in his capacity of Successor Co-Trustee of the NAT STIRBERG REVOCABLE RESIDENCE TRUST

District Court of Appeal of Florida | Filed: Mar 15, 2023 | Docket: 67012431

Published

passed outside of probate.” (citations omitted)); § 736.1109(1), Fla. Stat. (2022) (“If a devise of homestead

J. SCOTT LANFORD, TRUSTEE OF THE KIRK FAMILY FOUNDATION vs ROBIN PHEMISTER, PERSONAL REPRESENTATIVE OF THE ESTATE OF MARY L. DILLARD AND AS TRUSTEE OF THE TESTAMENTARY TRUST OF MARY L. DILLARD

District Court of Appeal of Florida | Filed: Apr 8, 2022 | Docket: 60149151

Published

obligations or administrative estate expenses. See § 736.1109(2), (4), Fla. Stat. (2021). Here, the

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Supreme Court of Florida | Filed: Nov 4, 2021 | Docket: 60698371

Published

Stat. Role of court in trust proceedings. § 736.1109, Fla. Stat. Testamentary and revocable trusts;