reglab/housing_qa huggingface dataset:
FL Stat § 735.203 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 735 - Probate Code: Small Estates|Part I - Summary Administration (Ss. 735.201-735.2063)|735.203 - Petition for summary administration.

735.203 Petition for summary administration.—(1) A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent’s will offered for probate. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries except that the joinder in a petition for summary administration is not required of a beneficiary who will receive a full distributive share under the proposed distribution. However, formal notice of the petition must be served on a beneficiary not joining in the petition.(2) If a person named in subsection (1) has died, is incapacitated, or is a minor, or has conveyed or transferred all interest in the property of the estate, then, as to that person, the petition must be signed and verified by:(a) The personal representative, if any, of a deceased person or, if none, the surviving spouse, if any, and the beneficiaries;(b) The guardian of an incapacitated person or a minor; or(c) The grantee or transferee of any of them shall be authorized to sign and verify the petition instead of the beneficiary or surviving spouse.(3) If each trustee of a trust that is a beneficiary of the estate of the deceased person is also a petitioner, formal notice of the petition for summary administration shall be served on each qualified beneficiary of the trust as defined in s. 736.0103 unless joinder in, or consent to, the petition is obtained from each qualified beneficiary of the trust.History.—s. 1, ch. 74-106; s. 107, ch. 75-220; s. 1, ch. 77-174; s. 180, ch. 2001-226; s. 12, ch. 2009-115; s. 16, ch. 2010-132.Note.—Created from former s. 735.05.
FL Stat § 735.2055 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 735 - Probate Code: Small Estates|Part I - Summary Administration (Ss. 735.201-735.2063)|735.2055 - Filing of petition.

735.2055 Filing of petition.—The petition for summary administration may be filed at any stage of the administration of an estate if it appears that at the time of filing the estate would qualify.History.—s. 47, ch. 77-87.
FL Stat § 735.2063 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 735 - Probate Code: Small Estates|Part I - Summary Administration (Ss. 735.201-735.2063)|735.2063 - Notice to creditors.

735.2063 Notice to creditors.—(1) Any person who has obtained an order of summary administration may publish a notice to creditors according to the relevant requirements of s. 733.2121, notifying all persons having claims or demands against the estate of the decedent that an order of summary administration has been entered by the court. The notice shall specify the total value of the estate and the names and addresses of those to whom it has been assigned by the order.(2) If proof of publication of the notice is filed with the court, all claims and demands of creditors against the estate of the decedent who are not known or are not reasonably ascertainable shall be forever barred unless the claims and demands are filed with the court within 3 months after the first publication of the notice.History.—s. 3, ch. 80-203; s. 182, ch. 2001-226; s. 13, ch. 2003-154.
FL Stat § 735.301 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 735 - Probate Code: Small Estates|Part II - Disposition of Personal Property Without Administration (Ss. 735.301-735.304)|735.301 - Disposition without administration.

735.301 Disposition without administration.—(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.(2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled.(3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon.History.—s. 1, ch. 74-106; s. 111, ch. 75-220; s. 50, ch. 77-87; s. 1, ch. 77-174; s. 275, ch. 79-400; s. 52, ch. 98-421; s. 184, ch. 2001-226.
FL Stat § 735.302 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 735 - Probate Code: Small Estates|Part II - Disposition of Personal Property Without Administration (Ss. 735.301-735.304)|735.302 - Income tax refunds in certain cases.

735.302 Income tax refunds in certain cases.—(1) In any case when the United States Treasury Department determines that an overpayment of federal income tax exists and the person in whose favor the overpayment is determined is dead at the time the overpayment of tax is to be refunded, and irrespective of whether the decedent had filed a joint and several or separate income tax return, the amount of the overpayment, if not in excess of $2,500, may be refunded as follows:(a) Directly to the surviving spouse on his or her verified application; or(b) If there is no surviving spouse, to one of the decedent’s children who is designated in a verified application purporting to be executed by all of the decedent’s children over the age of 14 years.In either event, the application must show that the decedent was not indebted, that provision has been made for the payment of the decedent’s debts, or that the entire estate is exempt from the claims of creditors under the constitution and statutes of the state, and that no administration of the estate, including summary administration, has been initiated and that none is planned, to the knowledge of the applicant.(2) If a refund is made to the surviving spouse or designated child pursuant to the application, the refund shall operate as a complete discharge to the United States from liability from any action, claim, or demand by any beneficiary of the decedent or other person. This section shall be construed as establishing the ownership or rights of the payee in the refund.History.—s. 1, ch. 74-106; s. 112, ch. 75-220; s. 51, ch. 77-87; s. 1, ch. 77-174; s. 185, ch. 2001-226.Note.—Created from former s. 735.15.
FL Stat § 736.0101 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part I - General Provisions and Definitions (Ss. 736.0101-736.0112)|736.0101 - Short title.

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.
FL Stat § 736.0102 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part I - General Provisions and Definitions (Ss. 736.0101-736.0112)|736.0102 - Scope.

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.
FL Stat § 736.0104 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part I - General Provisions and Definitions (Ss. 736.0101-736.0112)|736.0104 - Knowledge.

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.
FL Stat § 736.0106 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part I - General Provisions and Definitions (Ss. 736.0101-736.0112)|736.0106 - Common law of trusts; principles of equity.

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.History.—s. 1, ch. 2006-217.
FL Stat § 736.0107 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part I - General Provisions and Definitions (Ss. 736.0101-736.0112)|736.0107 - Governing law.

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.
FL Stat § 736.0110 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part I - General Provisions and Definitions (Ss. 736.0101-736.0112)|736.0110 - Others treated as qualified beneficiaries.

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) 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.History.—s. 1, ch. 2006-217; s. 5, ch. 2017-155.
FL Stat § 736.0111 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part I - General Provisions and Definitions (Ss. 736.0101-736.0112)|736.0111 - Nonjudicial settlement agreements.

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.
FL Stat § 736.0112 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part I - General Provisions and Definitions (Ss. 736.0101-736.0112)|736.0112 - Qualification of foreign trustee.

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.
FL Stat § 736.0201 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part II - Judicial Proceedings (Ss. 736.0201-736.0207)|736.0201 - Role of court in trust proceedings.

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.
FL Stat § 736.0202 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part II - Judicial Proceedings (Ss. 736.0201-736.0207)|736.0202 - Jurisdiction over trustee and beneficiary.

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.
FL Stat § 736.02025 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part II - Judicial Proceedings (Ss. 736.0201-736.0207)|736.02025 - Service of process.

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.
FL Stat § 736.0203 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part II - Judicial Proceedings (Ss. 736.0201-736.0207)|736.0203 - Subject matter jurisdiction.

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.
FL Stat § 736.0204 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part II - Judicial Proceedings (Ss. 736.0201-736.0207)|736.0204 - Venue.

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.