reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 735 - Probate Code: Small Estates › Part I - Summary Administration (Ss. 735.201-735.2063) › 735.202 - May be administered in the same manner as other estates.

735.202 May be administered in the same manner as other estates.—The estate may be administered in the same manner as the administration of any other estate, or it may be administered as provided in this part.
History.—s. 1, ch. 74-106.
Note.—Created from former s. 735.02.
2023 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.
2023 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.
2023 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.
2023 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 State Constitution, 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part II - Judicial Proceedings (Ss. 736.0201-736.0207) › 736.0206 - Proceedings for review of employment of agents and review of compensation of trustee and employees of trust.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part II - Judicial Proceedings (Ss. 736.0201-736.0207) › 736.0207 - Trust contests.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part III - Representation (Ss. 736.0301-736.0306) › 736.0301 - Representation; basic effect.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part III - Representation (Ss. 736.0301-736.0306) › 736.0302 - Representation by holder of power of appointment.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part III - Representation (Ss. 736.0301-736.0306) › 736.0303 - Representation by fiduciaries and parents.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part III - Representation (Ss. 736.0301-736.0306) › 736.0304 - Representation by person having substantially identical interest.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part III - Representation (Ss. 736.0301-736.0306) › 736.0305 - Appointment of representative.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part III - Representation (Ss. 736.0301-736.0306) › 736.0306 - Designated representative.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0401 - Methods of creating trust.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0402 - Requirements for creation.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0403 - Trusts created in other jurisdictions; formalities required for revocable trusts.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0404 - Trust purposes.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0405 - Charitable purposes; enforcement.

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.
History.—s. 4, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0406 - Effect of fraud, duress, mistake, or undue influence.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0407 - Evidence of oral trust.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0408 - Trust for care of an animal.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0409 - Noncharitable trust without ascertainable beneficiary.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0410 - Modification or termination of trust; proceedings for disapproval of nonjudicial acts.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.04113 - Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.04115 - Judicial modification of irrevocable trust when modification is in best interests of beneficiaries.

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 s. 736.04113, if compliance with the terms of a trust is not in the best interests of the beneficiaries, upon the application of a trustee or any qualified beneficiary, a court may at any time modify a trust that is not then revocable as provided in s. 736.04113(2).
(2) In exercising discretion to modify a trust under this section:
(a) The court shall exercise discretion in a manner that conforms to the extent possible with the intent of the settlor, taking into account the current circumstances and best interests of the beneficiaries.
(b) 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.
(c) 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.
(3) This section shall not apply to:
(a) Any trust created prior to January 1, 2001.
(b) Any trust created after December 31, 2000, if:
1. Under the terms of the trust, all beneficial interests in the trust must vest or terminate within the period prescribed by the rule against perpetuities in s. 689.225(2), notwithstanding s. 689.225(2)(f) and (g).
2. The terms of the trust expressly prohibit judicial modification.
(4) For purposes of subsection (3), a revocable trust shall be treated as created when the right of revocation terminates.
(5) 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; s. 6, ch. 2022-96.