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Florida Statutes - Estates And Trusts

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• Florida Estates And Trusts Code Section 731.005; Short title.
  Chapters 731-735 shall be known and may be cited as the Florida Probate Code and referred to as the "...
• Florida Estates And Trusts Code Section 731.011; Determination of substantive rights; procedures.
  The code became effective on January 1, 1976. The substantive rights of all persons that vested prior to January 1, 1976, shall be determined as ...
• Florida Estates And Trusts Code Section 731.102; Construction against implied repeal.
  This code is intended as unified coverage of its subject matter. No part of it shall be impliedly repealed by subsequent legislation if that construction ...
• Florida Estates And Trusts Code Section 731.103; Evidence as to death or status.
  In proceedings under this code, the rules of evidence in civil actions are applicable unless specifically changed by the code. The following additional rules relating ...
• Florida Estates And Trusts Code Section 731.1035; Applicable rules of evidence.
  In proceedings under this code, the rules of evidence in civil actions are applicable unless specifically changed by the ...
• Florida Estates And Trusts Code Section 731.104; Verification of documents.
  When verification of a document is required in this code or by rule, the document filed shall include an oath or affirmation as provided in ...
• Florida Estates And Trusts Code Section 731.105; In rem proceeding.
  Probate proceedings are in rem ...
• Florida Estates And Trusts Code Section 731.106; Assets of nondomiciliaries.
  (1) A debt in favor of a nondomiciliary, other than one evidenced by investment or commercial paper or other instrument, is located in the county ...
• Florida Estates And Trusts Code Section 731.109; Seal of the court.
  For the purposes of this code, the seal of the clerk of the circuit court is the seal of the ...
• Florida Estates And Trusts Code Section 731.110; Caveat; proceedings.
  (1) Any person, including a creditor, who is apprehensive that an estate, either testate or intestate, will be administered or that a will may be ...
• Florida Estates And Trusts Code Section 731.155; Applicability.
  This act shall take effect January 1, 2002. The substantive rights of all persons that have vested prior to January 1, 2002, shall be determined ...
• Florida Estates And Trusts Code Section 731.201; General definitions.
  Subject to additional definitions in subsequent chapters that are applicable to specific chapters or parts, and unless the context otherwise requires, in this code, in ...
• Florida Estates And Trusts Code Section 731.301; Notice.
  (1) When notice to an interested person of a petition or other proceeding is required, the notice shall be given to the interested person or ...
• Florida Estates And Trusts Code Section 731.302; Waiver and consent by interested person.
  Subsequent to the filing of a petition for administration, an interested person, including a guardian ad litem, administrator ad litem, guardian of the property, personal ...
• Florida Estates And Trusts Code Section 731.303; Representation.
  In the administration of or in judicial proceedings involving estates of decedents or trusts, the following apply: (1) Persons are bound by orders binding others ...
• Florida Estates And Trusts Code Section 732.101; Intestate estate.
  (1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in the ...
• Florida Estates And Trusts Code Section 732.102; Spouse's share of intestate estate.
  The intestate share of the surviving spouse is: (1) If there is no surviving lineal descendant of the decedent, the entire intestate estate. (2) If ...
• Florida Estates And Trusts Code Section 732.103; Share of other heirs.
  The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no ...
• Florida Estates And Trusts Code Section 732.104; Inheritance per stirpes.
  Descent shall be per stirpes, whether to lineal descendants or to collateral ...
• Florida Estates And Trusts Code Section 732.105; Half blood.
  When property descends to the collateral kindred of the intestate and part of the collateral kindred are of the whole blood to the intestate and ...
• Florida Estates And Trusts Code Section 732.106; Afterborn heirs.
  Heirs of the decedent conceived before his or her death, but born thereafter, inherit intestate property as if they had been born in the decedent'...
• Florida Estates And Trusts Code Section 732.107; Escheat.
  (1) When a person dies leaving an estate without being survived by any person entitled to a part of it, that part shall escheat to ...
• Florida Estates And Trusts Code Section 732.108; Adopted persons and persons born out of wedlock.
  (1) For the purpose of intestate succession by or from an adopted person, the adopted person is a lineal descendant of the adopting parent and ...
• Florida Estates And Trusts Code Section 732.109; Debts to decedent.
  A debt owed to the decedent shall not be charged against the intestate share of any person except the debtor. If the debtor does not ...
• Florida Estates And Trusts Code Section 732.1101; Aliens.
  Aliens shall have the same rights of inheritance as ...
• Florida Estates And Trusts Code Section 732.111; Dower and curtesy abolished.
  Dower and curtesy are ...
• Florida Estates And Trusts Code Section 732.201; Right to elective share.
  The surviving spouse of a person who dies domiciled in Florida has the right to a share of the elective estate of the decedent as ...
• Florida Estates And Trusts Code Section 732.2025; Definitions.
  As used in ss. 732.2025-732.2155, the term: (1) "Direct recipient" means the decedent's probate estate and any other person who receives ...
• Florida Estates And Trusts Code Section 732.2035; Property entering into elective estate.
  Except as provided in s. 732.2045, the elective estate consists of the sum of the values as determined under s. 732.2055 of the ...
• Florida Estates And Trusts Code Section 732.2045; Exclusions and overlapping application.
  (1) EXCLUSIONS.--Section 732.2035 does not apply to: (a) Except as provided in s. 732.2155(4), any transfer of property by the decedent ...
• Florida Estates And Trusts Code Section 732.2055; Valuation of the elective estate.
  For purposes of s. 732.2035, "value" means: (1) In the case of any policy of insurance on the decedent's life includable under s. ...
• Florida Estates And Trusts Code Section 732.2065; Amount of the elective share.
  The elective share is an amount equal to 30 percent of the elective ...
• Florida Estates And Trusts Code Section 732.2075; Sources from which elective share payable; abatement.
  (1) Unless otherwise provided in the decedent's will or, in the absence of a provision in the decedent's will, in a trust referred ...
• Florida Estates And Trusts Code Section 732.2085; Liability of direct recipients and beneficiaries.
  (1) Only direct recipients of property included in the elective estate and the beneficiaries of the decedent's probate estate or of any trust that ...
• Florida Estates And Trusts Code Section 732.2095; Valuation of property used to satisfy elective share.
  (1) DEFINITIONS.--As used in this section, the term: (a) "Applicable valuation date" means: 1. In the case of transfers in satisfaction of the elective ...
• Florida Estates And Trusts Code Section 732.2105; Effect of election on other interests.
  The elective share shall be in addition to homestead, exempt property, and allowances as provided in part ...
• Florida Estates And Trusts Code Section 732.2115; Protection of payors and other third parties.
  Although a property interest is included in the decedent's elective estate under s. 732.2035(2)-(8), a payor or other third party is ...
• Florida Estates And Trusts Code Section 732.2125; Right of election; by whom exercisable.
  The right of election may be exercised: (1) By the surviving spouse. (2) With approval of the court having jurisdiction of the probate proceeding by ...
• Florida Estates And Trusts Code Section 732.2135; Time of election; extensions; withdrawal.
  (1) Except as provided in subsection (2), the election must be filed on or before the earlier of the date that is 6 months after ...
• Florida Estates And Trusts Code Section 732.2145; Order of contribution; personal representative's duty to collect contribution.
  (1) The court shall determine the elective share and contribution. Contributions shall bear interest at the statutory rate beginning 90 days after the order of ...
• Florida Estates And Trusts Code Section 732.2155; Effective date; effect of prior waivers; transition rules.
  (1) Sections 732.201-732.2155 are effective on October 1, 1999, for all decedents dying on or after October 1, 2001. The law in ...
• Florida Estates And Trusts Code Section 732.216; Short title.
  Sections 732.216-732.228 may be cited as the "Florida Uniform Disposition of Community Property Rights at Death ...
• Florida Estates And Trusts Code Section 732.217; Application.
  Sections 732.216-732.228 apply to the disposition at death of the following property acquired by a married person: (1) Personal property, wherever located, ...
• Florida Estates And Trusts Code Section 732.218; Rebuttable presumptions.
  In determining whether ss. 732.216-732.228 apply to specific property, the following rebuttable presumptions apply: (1) Property acquired during marriage by a spouse ...
• Florida Estates And Trusts Code Section 732.219; Disposition upon death.
  Upon the death of a married person, one-half of the property to which ss. 732.216-732.228 apply is the property of the ...
• Florida Estates And Trusts Code Section 732.221; Perfection of title of personal representative or beneficiary.
  If the title to any property to which ss. 732.216-732.228 apply is held by the surviving spouse at the time of the ...
• Florida Estates And Trusts Code Section 732.222; Purchaser for value or lender.
  (1) If a surviving spouse has apparent title to property to which ss. 732.216-732.228 apply, a purchaser for value or a lender ...
• Florida Estates And Trusts Code Section 732.223; Perfection of title of surviving spouse.
  If the title to any property to which ss. 732.216-732.228 apply was held by the decedent at the time of the decedent'...
• Florida Estates And Trusts Code Section 732.224; Creditor's rights.
  Sections 732.216-732.228 do not affect rights of creditors with respect to property to which ss. 732.216-732.228 ...
• Florida Estates And Trusts Code Section 732.225; Acts of married persons.
  Sections 732.216-732.228 do not prevent married persons from severing or altering their interests in property to which these sections apply. The reinvestment ...
• Florida Estates And Trusts Code Section 732.226; Limitations on testamentary disposition.
  Sections 732.216-732.228 do not authorize a person to dispose of property by will if it is held under limitations imposed by law ...
• Florida Estates And Trusts Code Section 732.227; Homestead defined.
  For purposes of ss. 732.216-732.228, the term "homestead" refers only to property the descent and devise of which is restricted by s. ...
• Florida Estates And Trusts Code Section 732.228; Uniformity of application and construction.
  Sections 732.216-732.228 are to be so applied and construed as to effectuate their general purpose to make uniform the law with respect ...
• Florida Estates And Trusts Code Section 732.301; Pretermitted spouse.
  When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of ...
• Florida Estates And Trusts Code Section 732.302; Pretermitted children.
  When a testator omits to provide by will for any of his or her children born or adopted after making the will and the child ...
• Florida Estates And Trusts Code Section 732.401; Descent of homestead.
  (1) If not devised as permitted by law and the Florida Constitution, the homestead shall descend in the same manner as other intestate property; but ...
• Florida Estates And Trusts Code Section 732.4015; Devise of homestead.
  (1) As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or minor ...
• Florida Estates And Trusts Code Section 732.402; Exempt property.
  (1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the ...
• Florida Estates And Trusts Code Section 732.403; Family allowance.
  In addition to protected homestead and statutory entitlements, if the decedent was domiciled in Florida at the time of death, the surviving spouse and the ...
• Florida Estates And Trusts Code Section 732.501; Who may make a will.
  Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a ...
• Florida Estates And Trusts Code Section 732.502; Execution of wills.
  Every will must be in writing and executed as follows: (1)(a) Testator's signature.-- 1. The testator must sign the will at the end; ...
• Florida Estates And Trusts Code Section 732.503; Self-proof of will.
  (1) A will or codicil executed in conformity with s. 732.502 may be made self-proved at the time of its execution or at ...
• Florida Estates And Trusts Code Section 732.504; Who may witness.
  (1) Any person competent to be a witness may act as a witness to a will. (2) A will or codicil, or any part of ...
• Florida Estates And Trusts Code Section 732.505; Revocation by writing.
  A will or codicil, or any part of either, is revoked: (1) By a subsequent inconsistent will or codicil, even though the subsequent inconsistent will ...
• Florida Estates And Trusts Code Section 732.506; Revocation by act.
  A will or codicil is revoked by the testator, or some other person in the testator's presence and at the testator's direction, by ...
• Florida Estates And Trusts Code Section 732.507; Effect of subsequent marriage, birth, adoption, or dissolution of marriage.
  (1) Neither subsequent marriage, birth, nor adoption of lineal descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall ...
• Florida Estates And Trusts Code Section 732.508; Revival by revocation.
  (1) The revocation by the testator of a will that revokes a former will shall not revive the former will, even though the former will ...
• Florida Estates And Trusts Code Section 732.509; Revocation of codicil.
  The revocation of a will revokes all codicils to that ...
• Florida Estates And Trusts Code Section 732.5105; Republication of wills by codicil.
  The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the ...
• Florida Estates And Trusts Code Section 732.511; Republication of wills by reexecution.
  If a will has been revoked or if it is invalid for any other reason, it may be republished and made valid by its reexecution ...
• Florida Estates And Trusts Code Section 732.512; Incorporation by reference.
  (1) A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and ...
• Florida Estates And Trusts Code Section 732.513; Devises to trustee.
  (1) A valid devise may be made to the trustee of a trust that is evidenced by a written instrument in existence at the time ...
• Florida Estates And Trusts Code Section 732.514; Vesting of devises.
  The death of the testator is the event that vests the right to devises unless the testator in the will has provided that some other ...
• Florida Estates And Trusts Code Section 732.515; Separate writing identifying devises of tangible property.
  A written statement or list referred to in the decedent's will shall dispose of items of tangible personal property, other than property used in ...
• Florida Estates And Trusts Code Section 732.5165; Effect of fraud, duress, mistake, and undue influence.
  A will is void if the execution is procured by fraud, duress, mistake, or undue influence. Any part of the will is void if so ...
• Florida Estates And Trusts Code Section 732.517; Penalty clause for contest.
  A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is ...
• Florida Estates And Trusts Code Section 732.518; Will contests.
  An action to contest the validity of a will may not be commenced before the death of the ...
• Florida Estates And Trusts Code Section 732.6005; Rules of construction and intention.
  (1) The intention of the testator as expressed in the will controls the legal effect of the testator's dispositions. The rules of construction expressed ...
• Florida Estates And Trusts Code Section 732.601; Simultaneous Death Law.
  Unless a contrary intention appears in the governing instrument: (1) When title to property or its devolution depends on priority of death and there is ...
• Florida Estates And Trusts Code Section 732.603; Antilapse; deceased devisee; class gifts.
  Unless a contrary intention appears in the will: (1) If a devisee or a beneficiary of a trust created by a will who is a ...
• Florida Estates And Trusts Code Section 732.604; Failure of testamentary provision.
  (1) Except as provided in s. 732.603, if a devise other than a residuary devise fails for any reason, it becomes a part of ...
• Florida Estates And Trusts Code Section 732.605; Change in securities; accessions; nonademption.
  (1) If the testator intended a specific devise of certain securities rather than their equivalent value, the specific devisee is entitled only to: (a) As ...
• Florida Estates And Trusts Code Section 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 of the property or if a condemnation award or insurance proceeds are paid to a ...
• Florida Estates And Trusts Code Section 732.607; Exercise of power of appointment.
  A general residuary clause in a will, or a will making general disposition of all the testator's property, does not exercise a power of ...
• Florida Estates And Trusts Code Section 732.608; Construction of generic terms.
  Adopted persons and persons born out of wedlock are included in class gift terminology and terms of relationship, in accordance with rules for determining relationships ...
• Florida Estates And Trusts Code Section 732.609; Ademption by satisfaction.
  Property that a testator gave to a person in the testator's lifetime is treated as a satisfaction of a devise to that person, in ...
• Florida Estates And Trusts Code Section 732.611; Devises to be per stirpes.
  Unless the will provides otherwise, all devises shall be per ...
• Florida Estates And Trusts Code Section 732.701; Agreements concerning succession.
  (1) No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a ...
• Florida Estates And Trusts Code Section 732.702; Waiver of spousal rights.
  (1) The rights of a surviving spouse to an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as ...
• Florida Estates And Trusts Code Section 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 participates in procuring the death of the decedent is not entitled to any benefits under ...
• Florida Estates And Trusts Code Section 732.804; Provisions relating to disposition of the body.
  Before issuance of letters, any person may carry out written instructions of the decedent relating to the decedent's body and funeral and burial arrangements. ...
• Florida Estates And Trusts Code Section 732.901; Production of wills.
  (1) The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within ...
• Florida Estates And Trusts Code Section 733.101; Venue of probate proceedings.
  (1) The venue for probate of wills and granting letters shall be: (a) In the county in this state where the decedent was domiciled. (b) ...
• Florida Estates And Trusts Code Section 733.103; Effect of probate.
  (1) Until admitted to probate in this state or in the state where the decedent was domiciled, the will shall be ineffective to prove title ...
• Florida Estates And Trusts Code Section 733.104; Suspension of statutes of limitation in favor of the personal representative.
  (1) If a person entitled to bring an action dies before the expiration of the time limited for the commencement of the action and the ...
• Florida Estates And Trusts Code Section 733.105; Determination of beneficiaries.
  (1) When property passes by intestate succession or the will is unclear and there is doubt about: (a) Who is entitled to receive any part ...
• Florida Estates And Trusts Code Section 733.106; Costs and attorney's fees.
  (1) In all probate proceedings costs may be awarded as in chancery actions. (2) A person nominated as personal representative, or any proponent of a ...
• Florida Estates And Trusts Code Section 733.107; Burden of proof in contests; presumption of undue influence.
  (1) In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its ...
• Florida Estates And Trusts Code Section 733.109; Revocation of probate.
  (1) A proceeding to revoke the probate of a will shall be brought in the court having jurisdiction over the administration. Any interested person, including ...
• Florida Estates And Trusts Code Section 733.201; Proof of wills.
  (1) Self-proved wills executed in accordance with this code may be admitted to probate without further proof. (2) A will may be admitted to ...
• Florida Estates And Trusts Code Section 733.202; Petition.
  Any interested person may petition for ...
• Florida Estates And Trusts Code Section 733.204; Probate of a will written in a foreign language.
  (1) No will written in a foreign language shall be admitted to probate unless it is accompanied by a true and complete English translation. (2) ...
• Florida Estates And Trusts Code Section 733.205; Probate of notarial will.
  (1) When a copy of a notarial will in the possession of a notary entitled to its custody in a foreign state or country, the ...
• Florida Estates And Trusts Code Section 733.206; Probate of will of resident after foreign probate.
  (1) If a will of any person who dies a resident of this state is admitted to probate in any other state or country through ...
• Florida Estates And Trusts Code Section 733.207; Establishment and probate of lost or destroyed will.
  Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will for probate. The specific content ...
• Florida Estates And Trusts Code Section 733.208; Discovery of later will.
  On the discovery of a later will or codicil, any interested person may petition to revoke the probate of the earlier will or to probate ...
• Florida Estates And Trusts Code Section 733.209; Estates of missing persons.
  Any interested person may petition to administer the estate of a missing person; however, no personal representative shall be appointed until the court determines the ...
• Florida Estates And Trusts Code Section 733.212; Notice of administration; filing of objections.
  1(1) The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal ...
• Florida Estates And Trusts Code Section 733.2121; Notice to creditors; filing of claims.
  (1) Unless creditors' claims are otherwise barred by s. 733.710, the personal representative shall promptly publish a notice to creditors. The notice shall contain ...
• Florida Estates And Trusts Code Section 733.2123; Adjudication before issuance of letters.
  A petitioner may serve formal notice of the petition for administration on interested persons. A copy of the will offered for probate shall be attached ...
• Florida Estates And Trusts Code Section 733.213; Probate as prerequisite to judicial construction of will.
  A will may not be construed until it has been admitted to ...
• Florida Estates And Trusts Code Section 733.301; Preference in appointment of personal representative.
  (1) In granting letters of administration, the following order of preference shall be observed: (a) In testate estates: 1. The personal representative, or his or ...
• Florida Estates And Trusts Code Section 733.302; Who may be appointed personal representative.
  Subject to the limitations in this part, any person who is sui juris and is a resident of Florida at the time of the death ...
• Florida Estates And Trusts Code Section 733.303; Persons not qualified.
  (1) A person is not qualified to act as a personal representative if the person: (a) Has been convicted of a felony. (b) Is mentally ...
• Florida Estates And Trusts Code Section 733.304; Nonresidents.
  A person who is not domiciled in the state cannot qualify as personal representative unless the person is: (1) A legally adopted child or adoptive ...
• Florida Estates And Trusts Code Section 733.305; Trust companies and other corporations and associations.
  (1) All trust companies incorporated under the laws of Florida, all state banking corporations and state savings associations authorized and qualified to exercise fiduciary powers ...
• Florida Estates And Trusts Code Section 733.306; Effect of appointment of debtor.
  The appointment of a debtor as personal representative shall not extinguish the debt due the ...
• Florida Estates And Trusts Code Section 733.307; Succession of administration.
  The personal representative of the estate of a deceased personal representative is not authorized to administer the estate of the first decedent. On the death ...
• Florida Estates And Trusts Code Section 733.308; Administrator ad litem.
  When an estate must be represented and the personal representative is unable to do so, the court shall appoint an administrator ad litem without bond ...
• Florida Estates And Trusts Code Section 733.309; Executor de son tort.
  No person shall be liable to a creditor of a decedent as executor de son tort, but any person taking, converting, or intermeddling with the ...
• Florida Estates And Trusts Code Section 733.3101; Personal representative not qualified.
  Any time a personal representative knows or should have known that he or she would not be qualified for appointment if application for appointment were ...
• Florida Estates And Trusts Code Section 733.402; Bond of fiduciary; when required; form.
  (1) Unless the bond requirement has been waived by the will or by the court, every fiduciary to whom letters are granted shall execute and ...
• Florida Estates And Trusts Code Section 733.403; Amount of bond.
  All bonds required by this part shall be in the penal sum that the court deems sufficient after consideration of the gross value of the ...
• Florida Estates And Trusts Code Section 733.404; Liability of surety.
  No surety for any personal representative or curator shall be charged beyond the value of the assets of an estate because of any omission or ...
• Florida Estates And Trusts Code Section 733.405; Release of surety.
  (1) Subject to the limitations of this section, on the petition of any interested person, the surety is entitled to be released from liability for ...
• Florida Estates And Trusts Code Section 733.406; Bond premium allowable as expense of administration.
  A personal representative or other fiduciary required to give bond shall pay the reasonable premium as an expense of ...
• Florida Estates And Trusts Code Section 733.501; Curators.
  (1) When it is necessary, the court may appoint a curator after formal notice to the person apparently entitled to letters of administration. The curator ...
• Florida Estates And Trusts Code Section 733.502; Resignation of personal representative.
  A personal representative may resign. After notice to all interested persons, the court may accept the resignation and then revoke the letters of the resigning ...
• Florida Estates And Trusts Code Section 733.503; Appointment of successor upon resignation.
  When the personal representative's resignation is accepted, the court shall appoint a personal representative or shall appoint a curator to serve until a successor ...
• Florida Estates And Trusts Code Section 733.5035; Surrender of assets after resignation.
  When the resignation has been accepted by the court, all estate assets, records, documents, papers, and other property of or concerning the estate in the ...
• Florida Estates And Trusts Code Section 733.5036; Accounting and discharge following resignation.
  (1) A resigning personal representative shall file and serve a final accounting of the personal representative's administration. (2) After determination and satisfaction of the ...
• Florida Estates And Trusts Code Section 733.504; Removal of personal representative; causes for removal.
  A personal representative may be removed and the letters revoked for any of the following causes, and the removal shall be in addition to any ...
• Florida Estates And Trusts Code Section 733.505; Jurisdiction in removal proceedings.
  A petition for removal shall be filed in the court having jurisdiction of the ...
• Florida Estates And Trusts Code Section 733.506; Proceedings for removal.
  Proceedings for removal of a personal representative may be commenced by the court or upon the petition of an interested person. The court shall revoke ...
• Florida Estates And Trusts Code Section 733.5061; Appointment of successor upon removal.
  When a personal representative is removed, the court shall appoint a personal representative or shall appoint a curator to serve until a successor personal representative ...
• Florida Estates And Trusts Code Section 733.508; Accounting and discharge of removed personal representatives upon removal.
  (1) A removed personal representative shall file and serve a final accounting of that personal representative's administration. (2) After determination and satisfaction of the ...
• Florida Estates And Trusts Code Section 733.509; Surrender of assets upon removal.
  Upon entry of an order removing a personal representative, the removed personal representative shall immediately deliver all estate assets, records, documents, papers, and other property ...
• Florida Estates And Trusts Code Section 733.601; Time of accrual of duties and powers.
  The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by ...
• Florida Estates And Trusts Code Section 733.602; General duties.
  1(1) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by s. 737.302. A ...
• Florida Estates And Trusts Code Section 733.603; Personal representative to proceed without court order.
  A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified by this code or ...
• Florida Estates And Trusts Code Section 733.604; Inventory.
  (1) Unless an inventory has been previously filed, a personal representative shall file a verified inventory of property of the estate, listing it with reasonable ...
• Florida Estates And Trusts Code Section 733.6065; Opening safe-deposit box.
  (1) Subject to the provisions of s. 655.936(2), the initial opening of a safe-deposit box that is leased or coleased by the ...
• Florida Estates And Trusts Code Section 733.607; Possession of estate.
  (1) Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the ...
• Florida Estates And Trusts Code Section 733.608; General power of the personal representative.
  (1) All real and personal property of the decedent, except the protected homestead, within this state and the rents, income, issues, and profits from it ...
• Florida Estates And Trusts Code Section 733.609; Improper exercise of power; breach of fiduciary duty.
  (1) A personal representative's fiduciary duty is the same as the fiduciary duty of a trustee of an express trust, and a personal representative ...
• Florida Estates And Trusts Code Section 733.610; Sale, encumbrance, or transaction involving conflict of interest.
  Any sale or encumbrance to the personal representative or the personal representative's spouse, agent, or attorney, or any corporation or trust in which the ...
• Florida Estates And Trusts Code Section 733.611; Persons dealing with the personal representative; protection.
  Except as provided in s. 733.613(1), a person who in good faith either assists or deals for value with a personal representative is ...
• Florida Estates And Trusts Code Section 733.612; Transactions authorized for the personal representative; exceptions.
  Except as otherwise provided by the will or court order, and subject to the priorities stated in s. 733.805, without court order, a personal ...
• Florida Estates And Trusts Code Section 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 court order, and subject to s. 733.805, the personal representative has, without court authorization, ...
• Florida Estates And Trusts Code Section 733.613; Personal representative's right to sell real property.
  (1) When a personal representative of an intestate estate, or whose testator has not conferred a power of sale or whose testator has granted a ...
• Florida Estates And Trusts Code Section 733.614; Powers and duties of successor personal representative.
  A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate as ...
• Florida Estates And Trusts Code Section 733.615; Joint personal representatives; when joint action required.
  (1) If two or more persons are appointed joint personal representatives, and unless the will provides otherwise, the concurrence of all joint personal representatives appointed ...
• Florida Estates And Trusts Code Section 733.616; Powers of surviving personal representatives.
  Unless otherwise provided by the terms of the will or a court order, every power exercisable by joint personal representatives may be exercised by the ...
• Florida Estates And Trusts Code Section 733.617; Compensation of personal representative.
  (1) A personal representative shall be entitled to a commission payable from the estate assets without court order as compensation for ordinary services. The commission ...
• Florida Estates And Trusts Code Section 733.6171; Compensation of attorney for the personal representative.
  (1) Attorneys for personal representatives shall be entitled to reasonable compensation payable from the estate assets without court order. (2) The attorney, the personal representative, ...
• Florida Estates And Trusts Code Section 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 of any person employed by the personal representative and the reasonableness of any compensation paid ...
• Florida Estates And Trusts Code Section 733.619; Individual liability of personal representative.
  (1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract, except a contract for attorney's fee, properly ...
• Florida Estates And Trusts Code Section 733.701; Notifying creditors.
  Unless creditors' claims are otherwise barred by s. 733.710, every personal representative shall cause notice to creditors to be published and served under s. ...
• Florida Estates And Trusts Code Section 733.702; Limitations on presentation of claims.
  (1) If not barred by s. 733.710, no claim or demand against the decedent's estate that arose before the death of the decedent, ...
• Florida Estates And Trusts Code Section 733.703; Form and manner of presenting claim.
  (1) A creditor shall file a written statement of the claim. No additional charge may be imposed by a claimant who files a claim against ...
• Florida Estates And Trusts Code Section 733.704; Amendment of claims.
  If a bona fide attempt to file a claim is made but the claim is defective as to form, the court may permit the amendment ...
• Florida Estates And Trusts Code Section 733.705; Payment of and objection to claims.
  (1) The personal representative shall pay all claims within 1 year from the date of first publication of notice to creditors, provided that the time ...
• Florida Estates And Trusts Code Section 733.706; Executions and levies.
  Except upon approval by the court, no execution or other process shall issue on or be levied against property of the estate. An order approving ...
• Florida Estates And Trusts Code Section 733.707; Order of payment of expenses and obligations.
  (1) The personal representative shall pay the expenses of the administration and obligations of the decedent's estate in the following order: (a) Class 1.--...
• Florida Estates And Trusts Code Section 733.708; Compromise.
  When a proposal is made to compromise any claim, whether in suit or not, by or against the estate of a decedent or to compromise ...
• Florida Estates And Trusts Code Section 733.710; Limitations on claims against estates.
  (1) Notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent's estate, the personal representative, if ...
• Florida Estates And Trusts Code Section 733.801; Delivery of devises and distributive shares.
  (1) No personal representative shall be required to pay or deliver any devise or distributive share or to surrender possession of any land to any ...
• Florida Estates And Trusts Code Section 733.802; Proceedings for compulsory payment of devises or distributive interest.
  (1) Before final distribution, no personal representative shall be compelled: (a) To pay a devise in money before the final settlement of the personal representative'...
• Florida Estates And Trusts Code Section 733.803; Encumbered property; liability for payment.
  The specific devisee of any encumbered property shall be entitled to have the encumbrance on devised property paid at the expense of the residue of ...
• Florida Estates And Trusts Code Section 733.805; Order in which assets abate.
  (1) Funds or property designated by the will shall be used to pay debts, family allowance, exempt property, elective share charges, expenses of administration, and ...
• Florida Estates And Trusts Code Section 733.806; Advancement.
  If a person dies intestate, property that the decedent gave during lifetime to an heir is treated as an advancement against the heir's share ...
• Florida Estates And Trusts Code Section 733.808; Death benefits; disposition of proceeds.
  (1) Death benefits of any kind, including, but not limited to, proceeds of: (a) An individual life insurance policy; (b) A group life insurance policy; (...
• Florida Estates And Trusts Code Section 733.809; Right of retainer.
  The amount of a noncontingent indebtedness due from a beneficiary to the estate or its present value, if not due, may be offset against that ...
• Florida Estates And Trusts Code Section 733.810; Distribution in kind; valuation.
  (1) Assets shall be distributed in kind unless: (a) A general power of sale is conferred; (b) A contrary intention is indicated by the will ...
• Florida Estates And Trusts Code Section 733.811; Distribution; right or title of distributee.
  If a distributee receives from a fiduciary an instrument transferring assets in kind, payment in distribution, or possession of specific property, the distributee has succeeded ...
• Florida Estates And Trusts Code Section 733.812; Improper distribution or payment; liability of distributee or payee.
  A distributee or a claimant who was paid improperly must return the assets or funds received, and the income from those assets or interest on ...
• Florida Estates And Trusts Code Section 733.813; Purchasers from distributees protected.
  If property distributed in kind, or a security interest in that property, is acquired by a purchaser or lender for value from a distributee, the ...
• Florida Estates And Trusts Code Section 733.814; Partition for purpose of distribution.
  When two or more beneficiaries are entitled to distribution of undivided interests in any property, the personal representative or any beneficiary may petition the court ...
• Florida Estates And Trusts Code Section 733.815; Private contracts among interested persons.
  Subject to the rights of creditors and taxing authorities, interested persons may agree among themselves to alter the interests, shares, or amounts to which they ...
• Florida Estates And Trusts Code Section 733.816; Disposition of unclaimed property held by personal representatives.
  (1) In all cases in which there is unclaimed property in the hands of a personal representative that cannot be distributed or paid because of ...
• Florida Estates And Trusts Code Section 733.817; Apportionment of estate taxes.
  (1) For purposes of this section: (a) "Fiduciary" means a person other than the personal representative in possession of property included in the measure of ...
• Florida Estates And Trusts Code Section 733.901; Final discharge.
  (1) After administration has been completed, the personal representative shall be discharged. (2) The discharge of the personal representative shall release the personal representative and ...
• Florida Estates And Trusts Code Section 733.903; Subsequent administration.
  The final settlement of an estate and the discharge of the personal representative shall not prevent further administration. The order of discharge may not be ...
• Florida Estates And Trusts Code Section 734.101; Foreign personal representative.
  (1) Personal representatives who produce authenticated copies of probated wills or letters of administration duly obtained in any state or territory of the United States ...
• Florida Estates And Trusts Code Section 734.102; Ancillary administration.
  (1) If a nonresident of this state dies leaving assets in this state, credits due from residents in this state, or liens on property in ...
• Florida Estates And Trusts Code Section 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 subject to administration in this state the gross value of which does not exceed $50,...
• Florida Estates And Trusts Code Section 734.104; Foreign wills; admission to record; effect on title.
  (1) An authenticated copy of the will of a nonresident that devises real property in this state, or any right, title, or interest in the ...
• Florida Estates And Trusts Code Section 734.201; Jurisdiction by act of foreign personal representative.
  A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding concerning the estate by: (1) Filing authenticated ...
• Florida Estates And Trusts Code Section 734.202; Jurisdiction by act of decedent.
  In addition to jurisdiction conferred by s. 734.201, a foreign personal representative is subject to the jurisdiction of the courts of this state to ...
• Florida Estates And Trusts Code Section 735.201; Summary administration; nature of proceedings.
  Summary administration may be had in the administration of either a resident or nonresident decedent's estate, when it appears: (1) In a testate estate, ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 735.206; Summary administration distribution.
  (1) Upon the filing of the petition for summary administration, the will, if any, shall be proved in accordance with chapter 733 and be admitted ...
• Florida Estates And Trusts Code Section 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....
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 "...
• Florida Estates And Trusts Code Section 736.0102; Scope.
  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 ...
• Florida Estates And Trusts Code Section 736.0103; Definitions.
  Unless the context otherwise requires, in this code: (1) "Action," with respect to an act of a trustee, includes a failure to act. (2) "Affiliate" ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 736.0105; Default and mandatory rules.
  (1) Except as otherwise provided in the terms of the trust, this code governs the duties and powers of a trustee, relations among trustees, and ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 736.0108; Principal place of administration.
  (1) Terms of a trust designating the principal place of administration of the trust are valid only if there is a sufficient connection with the ...
• Florida Estates And Trusts Code Section 736.0109; Methods and waiver of notice.
  (1) Notice to a person under this code or the sending of a document to a person under this code must be accomplished in a ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 736.0201; Role of court in trust proceedings.
  (1) Except as provided in subsection (5) and s. 736.0206, proceedings concerning trusts shall be commenced by filing a complaint and shall be governed ...
• Florida Estates And Trusts Code Section 736.0202; Jurisdiction over trustee and beneficiary.
  (1) By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration ...
• Florida Estates And Trusts Code Section 736.0203; Subject matter jurisdiction.
  The circuit court has original jurisdiction in this state of all proceedings arising under this ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 736.0205; Trust proceedings; dismissal of matters relating to foreign trusts.
  Over the objection of a party, the court shall not entertain proceedings under s. 736.0201 for a trust registered, or having its principal place ...
• Florida Estates And Trusts Code Section 736.0206; Proceedings for review of employment of agents and review of compensation of trustee and employees of trust.
  (1) After notice to all interested persons, the court may review the propriety of the employment by a trustee of any person, including any attorney, ...
• Florida Estates And Trusts Code Section 736.0207; Trust contests.
  An action to contest the validity of all or part of a trust may not be commenced until the trust becomes irrevocable, except this section ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 736.0306; Designated representative.
  (1) If authorized in the trust instrument, one or more persons may be designated to represent and bind a beneficiary and receive any notice, information, ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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. ...
• Florida Estates And Trusts Code Section 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, ...
• Florida Estates And Trusts Code Section 736.0406; Effect of fraud, duress, mistake, or undue influence.
  A trust is void if the creation of the trust is procured by fraud, duress, mistake, or undue influence. Any part of the trust is ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 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 ...
• Florida Estates And Trusts Code Section 736.0412; Nonjudicial modification of irrevocable trust.
  (1) After the settlor's death, a trust may be modified at any time as provided in s. 736.04113(2) upon the unanimous agreement ...
• Florida Estates And Trusts Code Section 736.0413; Cy pres.
  (1) If a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful, the court may apply the doctrine of cy pres to modify ...
• Florida Estates And Trusts Code Section 736.0414; Modification or termination of uneconomic trust.
  (1) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $50,000 may ...
• Florida Estates And Trusts Code Section 736.0415; Reformation to correct mistakes.
  Upon application of a settlor or any interested person, the court may reform the terms of a trust, even if unambiguous, to conform the terms ...
• Florida Estates And Trusts Code Section 736.0416; Modification to achieve settlor's tax objectives.
  Upon application of any interested person, to achieve the settlor's tax objectives the court may modify the terms of a trust in a manner ...
• Florida Estates And Trusts Code Section 736.0417; Combination and division of trusts.
  (1) After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two ...
• Florida Estates And Trusts Code Section 736.0501; Rights of beneficiary's creditor or assignee.
  To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary ...
• Florida Estates And Trusts Code Section 736.0502; Spendthrift provision.
  (1) A spendthrift provision is valid only if the provision restrains both voluntary and involuntary transfer of a beneficiary's interest. This subsection does not ...
• Florida Estates And Trusts Code Section 736.0503; Exceptions to spendthrift provision.
  (1) As used in this section, the term "child" includes any person for whom an order or judgment for child support has been entered in ...
• Florida Estates And Trusts Code Section 736.0504; Discretionary trusts; effect of standard.
  (1) Whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the ...
• Florida Estates And Trusts Code Section 736.0505; Creditors' claims against settlor.
  (1) Whether or not the terms of a trust contain a spendthrift provision, the following rules apply: (a) The property of a revocable trust is ...
• Florida Estates And Trusts Code Section 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) shall pay to the personal representative of a settlor's estate any amounts ...
• Florida Estates And Trusts Code Section 736.05055; Notice of trust.
  (1) Upon the death of a settlor of a trust described in s. 733.707(3), the trustee must file a notice of trust with ...
• Florida Estates And Trusts Code Section 736.0506; Overdue distribution.
  (1) As used in this section, the term "mandatory distribution" means a distribution of income or principal the trustee is required to make to a ...
• Florida Estates And Trusts Code Section 736.0507; Personal obligations of trustee.
  Except to the extent of the trustee's interest in the trust other than as a trustee, trust property is not subject to personal obligations ...
• Florida Estates And Trusts Code Section 736.0601; Capacity of settlor of revocable trust.
  The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable ...
• Florida Estates And Trusts Code Section 736.0602; Revocation or amendment of revocable trust.
  (1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does ...
• Florida Estates And Trusts Code Section 736.0603; Settlor's powers; powers of withdrawal.
  (1) While a trust is revocable, the duties of the trustee are owed exclusively to the settlor. (2) During the period the power may be ...
• Florida Estates And Trusts Code Section 736.0604; Limitation on action contesting validity of revocable trust.
  An action to contest the validity of a trust that was revocable at the settlor's death is barred, if not commenced within the earlier ...
• Florida Estates And Trusts Code Section 736.0701; Accepting or declining trusteeship.
  (1) Except as otherwise provided in subsection (3), a person designated as trustee accepts the trusteeship: (a) By substantially complying with a method of acceptance ...
• Florida Estates And Trusts Code Section 736.0702; Trustee's bond.
  (1) A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to ...
• Florida Estates And Trusts Code Section 736.0703; Cotrustees.
  (1) Cotrustees who are unable to reach a unanimous decision may act by majority decision. (2) If a vacancy occurs in a cotrusteeship, the remaining ...
• Florida Estates And Trusts Code Section 736.0704; Vacancy in trusteeship; appointment of successor.
  (1) A vacancy in a trusteeship occurs if: (a) A person designated as trustee declines the trusteeship; (b) A person designated as trustee cannot be ...
• Florida Estates And Trusts Code Section 736.0705; Resignation of trustee.
  (1) A trustee may resign: (a) Upon at least 30 days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or (b) ...
• Florida Estates And Trusts Code Section 736.0706; Removal of trustee.
  (1) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court ...
• Florida Estates And Trusts Code Section 736.0707; Delivery of property by former trustee.
  (1) Unless a cotrustee remains in office or the court otherwise orders and until the trust property is delivered to a successor trustee or other ...
• Florida Estates And Trusts Code Section 736.0708; Compensation of trustee.
  (1) If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the ...
• Florida Estates And Trusts Code Section 736.0709; Reimbursement of expenses.
  (1) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for reasonable expenses that were properly incurred in ...
• Florida Estates And Trusts Code Section 736.0801; Duty to administer trust.
  Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of ...
• Florida Estates And Trusts Code Section 736.0802; Duty of loyalty.
  (1) As between a trustee and the beneficiaries, a trustee shall administer the trust solely in the interests of the beneficiaries. (2) Subject to the ...
• Florida Estates And Trusts Code Section 736.0803; Impartiality.
  If a trust has two or more beneficiaries, the trustee shall act impartially in administering the trust property, giving due regard to the beneficiaries' respective ...
• Florida Estates And Trusts Code Section 736.0804; Prudent administration.
  A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In ...
• Florida Estates And Trusts Code Section 736.0805; Expenses of administration.
  In administering a trust, the trustee shall only incur expenses that are reasonable in relation to the trust property, the purposes of the trust, and ...
• Florida Estates And Trusts Code Section 736.0806; Trustee's skills.
  A trustee who has special skills or expertise, or is named trustee in reliance on the trustee's representation that the trustee has special skills ...
• Florida Estates And Trusts Code Section 736.0807; Delegation by trustee.
  (1) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise ...
• Florida Estates And Trusts Code Section 736.0808; Powers to direct.
  (1) Subject to ss. 736.0403(2) and 736.0602(3)(a), the trustee may follow a direction of the settlor that is contrary to ...
• Florida Estates And Trusts Code Section 736.0809; Control and protection of trust property.
  A trustee shall take reasonable steps to take control of and protect the trust ...
• Florida Estates And Trusts Code Section 736.0810; Recordkeeping and identification of trust property.
  (1) A trustee shall keep clear, distinct, and accurate records of the administration of the trust. (2) A trustee shall keep trust property separate from ...
• Florida Estates And Trusts Code Section 736.08105; Duty to ascertain marketable title of trust real property.
  A trustee holding title to real property received from a settlor or estate shall not be required to obtain title insurance or proof of marketable ...
• Florida Estates And Trusts Code Section 736.0811; Enforcement and defense of claims.
  A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the ...
• Florida Estates And Trusts Code Section 736.0812; Collecting trust property.
  A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee and, except as provided ...
• Florida Estates And Trusts Code Section 736.08125; Protection of successor trustees.
  (1) A successor trustee is not personally liable for actions taken by any prior trustee, nor does any successor trustee have a duty to institute ...
• Florida Estates And Trusts Code Section 736.0813; Duty to inform and account.
  The trustee shall keep the qualified beneficiaries of the trust reasonably informed of the trust and its administration. (1) The trustee's duty to inform ...
• Florida Estates And Trusts Code Section 736.08135; Trust accountings.
  (1) A trust accounting must be a reasonably understandable report from the date of the last accounting or, if none, from the date on which ...
• Florida Estates And Trusts Code Section 736.0814; Discretionary powers; tax savings.
  (1) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute," "sole," ...
• Florida Estates And Trusts Code Section 736.08147; Duty to distribute trust income.
  If a will or trust instrument granting income to the settlor's or testator's spouse for life is silent as to the time of ...
• Florida Estates And Trusts Code Section 736.0815; General powers of trustee.
  (1) A trustee, without authorization by the court, may, except as limited or restricted by this code, exercise: (a) Powers conferred by the terms of ...
• Florida Estates And Trusts Code Section 736.0816; Specific powers of trustee.
  Except as limited or restricted by this code, a trustee may: (1) Collect trust property and accept or reject additions to the trust property from ...
• Florida Estates And Trusts Code Section 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 of the assets from the trust, the trustee has, without court authorization, the powers specified ...
• Florida Estates And Trusts Code Section 736.08165; Administration pending outcome of contest or other proceeding.
  (1) Pending the outcome of a proceeding filed to determine the validity of all or part of a trust or the beneficiaries of all or ...
• Florida Estates And Trusts Code Section 736.0817; Distribution on termination.
  Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons ...
• Florida Estates And Trusts Code Section 736.0901; Applicability of chapter 518.
  A trustee shall invest trust property in accordance with chapter ...
• Florida Estates And Trusts Code Section 736.1001; Remedies for breach of trust.
  (1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. (2) To remedy a breach ...
• Florida Estates And Trusts Code Section 736.1002; Damages for breach of trust.
  (1) A trustee who commits a breach of trust is liable for the greater of: (a) The amount required to restore the value of the ...
• Florida Estates And Trusts Code Section 736.1003; Damages in absence of breach.
  Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or ...
• Florida Estates And Trusts Code Section 736.1004; Attorney's fees and costs.
  (1)(a) In all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee's powers; and (b) ...
• Florida Estates And Trusts Code Section 736.1005; Attorney's fees for services to the trust.
  (1) Any attorney who has rendered services to a trust may be awarded reasonable compensation from the trust. The attorney may apply to the court ...
• Florida Estates And Trusts Code Section 736.1006; Costs in trust proceedings.
  (1) In all trust proceedings, costs may be awarded as in chancery actions. (2) Whenever costs are to be paid out of the trust, the ...
• Florida Estates And Trusts Code Section 736.1007; Trustee's attorney's fees.
  (1) If the trustee of a revocable trust retains an attorney to render legal services in connection with the initial administration of the trust, the ...
• Florida Estates And Trusts Code Section 736.1008; Limitations on proceedings against trustees.
  (1) Except as provided in subsection (2), all claims by a beneficiary against a trustee for breach of trust are barred as provided in chapter ...
• Florida Estates And Trusts Code Section 736.1009; Reliance on trust instrument.
  A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary ...
• Florida Estates And Trusts Code Section 736.1010; Event affecting administration or distribution.
  If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee ...
• Florida Estates And Trusts Code Section 736.1011; Exculpation of trustee.
  (1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term: (a) Relieves ...
• Florida Estates And Trusts Code Section 736.1012; Beneficiary's consent, release, or ratification.
  A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee ...
• Florida Estates And Trusts Code Section 736.1013; Limitation on personal liability of trustee.
  (1) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary ...
• Florida Estates And Trusts Code Section 736.1014; Limitations on actions against certain trusts.
  (1) After the death of a settlor, no creditor of the settlor may bring, maintain, or continue any direct action against a trust described in ...
• Florida Estates And Trusts Code Section 736.1015; Interest as general partner.
  (1) Unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership ...
• Florida Estates And Trusts Code Section 736.1016; Protection of person dealing with trustee.
  (1) A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with a ...
• Florida Estates And Trusts Code Section 736.1017; Certification of trust.
  (1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a ...
• Florida Estates And Trusts Code Section 736.1018; Improper distribution or payment; liability of distributee.
  Any person who received a distribution or was paid improperly from a trust shall return the assets or funds received and the income from those ...
• Florida Estates And Trusts Code Section 736.1101; Rules of construction; general provisions.
  Except as provided in s. 736.0105(2): (1) The intent of the settlor as expressed in the terms of the trust controls the legal ...
• Florida Estates And Trusts Code Section 736.1102; Construction of generic terms.
  Adopted persons and persons born out of wedlock are included in class gift terminology and terms of relationship, in accordance with rules for determining relationships ...
• Florida Estates And Trusts Code Section 736.1103; Gifts to multigeneration classes to be per stirpes.
  Class gifts to descendants, issue, and other multigeneration classes shall be per ...
• Florida Estates And Trusts Code Section 736.1104; Killer not entitled to receive property or other benefits by reason of victim's death.
  (1) A beneficiary of a trust who unlawfully and intentionally kills or unlawfully and intentionally participates in procuring the death of the settlor or another ...
• Florida Estates And Trusts Code Section 736.1105; Dissolution of marriage; effect on revocable trust.
  Unless the trust instrument or the judgment for dissolution of marriage or divorce expressly provides otherwise, if a revocable trust is executed by a husband ...
• Florida Estates And Trusts Code Section 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" means the beneficiary of a future interest and includes a class member if the future ...
• Florida Estates And Trusts Code Section 736.1107; Change in securities; accessions; nonademption.
  A gift of specific securities, rather than their equivalent value, entitles the beneficiary only to: (1) As much of the gifted securities of the same ...
• Florida Estates And Trusts Code Section 736.1108; Penalty clause for contest.
  (1) A provision in a trust instrument purporting to penalize any interested person for contesting the trust instrument or instituting other proceedings relating to a ...
• Florida Estates And Trusts Code Section 736.1201; Definitions.
  As used in this part: (1) "Charitable organization" means an organization described in s. 501(c)(3) of the Internal Revenue Code and exempt from ...
• Florida Estates And Trusts Code Section 736.1202; Application of this part.
  Except as otherwise provided in the trust, the provisions of this part apply to all private foundation trusts and split interest trusts, whether created or ...
• Florida Estates And Trusts Code Section 736.1203; Trustee of a private foundation trust or a split interest trust.
  Except as provided in s. 736.1205, the trustee of a private foundation trust or a split interest trust has the duties and powers conferred ...
• Florida Estates And Trusts Code Section 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 powers granted by this part, a trustee has a duty to act with due ...
• Florida Estates And Trusts Code Section 736.1205; Notice that this part does not apply.
  In the case of a power to make distributions, if the trustee determines that the governing instrument contains provisions that are more restrictive than s. ...
• Florida Estates And Trusts Code Section 736.1206; Power to amend trust instrument.
  (1) In the case of a trust that is solely for a named charitable organization or organizations and for which the trustee does not possess ...
• Florida Estates And Trusts Code Section 736.1207; Power of court to permit deviation.
  This part does not affect the power of a court to relieve a trustee from any restrictions on the powers and duties that are placed ...
• Florida Estates And Trusts Code Section 736.1208; Release; property and persons affected; manner of effecting.
  (1) The trustee of a trust, all of the unexpired interests in which are devoted to one or more charitable purposes, may release a power ...
• Florida Estates And Trusts Code Section 736.1209; Election to come under this part.
  With the consent of that organization or organizations, a trustee of a trust for the benefit of a public charitable organization or organizations may come ...
• Florida Estates And Trusts Code Section 736.1210; Interpretation.
  This part shall be interpreted to effectuate the intent of the state to preserve, foster, and encourage gifts to, or for the benefit of, charitable ...
• Florida Estates And Trusts Code Section 736.1301; Electronic records and signatures.
  Any provisions of this code governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with ...
• Florida Estates And Trusts Code Section 736.1302; Severability clause.
  If any provision of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or ...
• Florida Estates And Trusts Code Section 736.1303; Application to existing relationships.
  (1) Except as otherwise provided in this code, on July 1, 2007: (a) This code applies to all trusts created before, on, or after such ...
• Florida Estates And Trusts Code Section 737.101; Principal place of administration of trust.
  (1) Unless otherwise designated in the trust agreement, the principal place of administration of a trust is the trustee's usual place of business where ...
• Florida Estates And Trusts Code Section 737.105; Qualification of foreign trustee.
  Unless otherwise doing business in this state, local qualification by a foreign trustee is not required in order for the trustee to receive distribution from ...
• Florida Estates And Trusts Code Section 737.106; Revocable trust prior to dissolution of marriage.
  Unless the trust instrument or the judgment for dissolution of marriage or divorce expressly provides otherwise, if a revocable trust is executed by a husband ...
• Florida Estates And Trusts Code Section 737.111; Execution requirements for express trusts.
  (1) The testamentary aspects of a trust defined in s. 731.201(34), are invalid unless the trust instrument is executed by the grantor with ...
• Florida Estates And Trusts Code Section 737.115; Notice of trustee duties.
  (1) A trust described in s. 733.707(3) must contain a notice that the trustee may have duties and responsibilities in addition to those ...
• Florida Estates And Trusts Code Section 737.116; Trust for care of animal.
  (1) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the ...
• Florida Estates And Trusts Code Section 737.201; Court powers over trusts.
  (1) The proceedings that may be maintained under this section are those concerning the administration and distribution of trusts, the declaration of rights, and the ...
• Florida Estates And Trusts Code Section 737.202; Trust proceedings; venue.
  Venue for actions and proceedings concerning trusts, including those under s. 737.201, may be laid in: (1) Any county where the venue is proper ...
• Florida Estates And Trusts Code Section 737.203; Trust proceedings; dismissal of matters relating to foreign trusts.
  Over the objection of a party, the court shall not entertain proceedings under s. 737.201 for a trust registered, or having its principal place ...
• Florida Estates And Trusts Code Section 737.2035; Costs and attorney's fees in trust proceedings.
  (1) In all trust proceedings, costs may be awarded as in chancery actions. (2) Any attorney who has rendered services to a trust may be ...
• Florida Estates And Trusts Code Section 737.204; Proceedings for review of employment of agents and review of compensation of trustee and employees of trust.
  (1) After notice to all interested persons, the court may review the propriety of the employment by a trustee of any person, including any attorney, ...
• Florida Estates And Trusts Code Section 737.2041; Trustee's attorney's fees.
  (1) If the trustee of a trust described in s. 733.707(3) retains an attorney to render legal services in connection with the initial ...
• Florida Estates And Trusts Code Section 737.205; Trust proceedings; commencement.
  Proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil ...
• Florida Estates And Trusts Code Section 737.206; Effect of fraud, duress, mistake, and undue influence.
  A trust is void if the execution is procured by fraud, duress, mistake, or undue influence. Any part of the trust is void if so ...
• Florida Estates And Trusts Code Section 737.2065; Trust contests.
  An action to contest the validity of all or part of a trust may not be commenced until the trust becomes irrevocable, except this section ...
• Florida Estates And Trusts Code Section 737.207; Penalty clause for contest.
  A provision in a trust instrument purporting to penalize any interested person for contesting the trust instrument or instituting other proceedings relating to a trust ...
• Florida Estates And Trusts Code Section 737.208; Administration pending outcome of contest or other proceeding.
  (1) Pending the outcome of a proceeding filed to determine the validity of all or part of a trust or the beneficiaries of all or ...
• Florida Estates And Trusts Code Section 737.209; Improper distribution or payment; liability of distributee.
  A distributee who was paid improperly must return the assets or funds received and the income from those assets or interest on the funds since ...
• Florida Estates And Trusts Code Section 737.301; General duties not limited.
  Except as specifically provided, the general duty of the trustee to administer a trust diligently for the benefit of the beneficiaries is not altered by ...
• Florida Estates And Trusts Code Section 737.302; Trustee's standard of care and performance.
  Except as otherwise provided by the trust instrument, the trustee shall observe the standards in s. 518.11 regarding investments by fiduciaries when dealing with ...
• Florida Estates And Trusts Code Section 737.303; Duty to inform and account to beneficiaries.
  The trustee shall keep the beneficiaries of the trust reasonably informed of the trust and its administration. The trustee's duty to inform and account ...
• Florida Estates And Trusts Code Section 737.3035; Trust accountings.
  (1) A trust accounting must be a reasonably understandable report from the date of the last accounting or, if none, from the date upon which ...
• Florida Estates And Trusts Code Section 737.304; Duty to provide bond.
  A trustee need not provide bond to secure performance of his or her duties unless this is required by the trust instrument, reasonably requested by ...
• Florida Estates And Trusts Code Section 737.305; Trustee's duty concerning location of trust.
  A trustee is under a continuing duty to administer the trust at a place appropriate to the purposes of the trust and its sound, efficient ...
• Florida Estates And Trusts Code Section 737.3053; Trustee's duty to distribute trust income.
  If a will or trust instrument granting income to the grantor's or testator's spouse for life is silent as to the time of ...
• Florida Estates And Trusts Code Section 737.3054; Trustee's duty to pay expenses and obligations of grantor's estate.
  (1) A trustee of a trust described in s. 733.707(3) shall pay to the personal representative of a grantor's estate any amounts ...
• Florida Estates And Trusts Code Section 737.3055; Trustee's duty to ascertain marketable title of trust real property.
  A trustee holding title to real property received from a settlor or estate shall not be required to obtain title insurance or proof of marketable ...
• Florida Estates And Trusts Code Section 737.306; Personal liability of trustee.
  (1)(a) Unless otherwise provided in the contract, a trustee is not personally liable on contracts, except contracts for attorneys' fees, properly entered into in ...
• Florida Estates And Trusts Code Section 737.3061; Limitations on actions against certain trusts.
  (1) After the death of a grantor, no creditor of the grantor may bring, maintain, or continue any direct action against a trust described in ...
• Florida Estates And Trusts Code Section 737.307; Limitations on proceedings against trustees after beneficiary receives trust disclosure documents.
  (1) Unless previously barred by adjudication, consent, or limitations, an action against a trustee for breach of trust is barred for any beneficiary who has ...
• Florida Estates And Trusts Code Section 737.308; Notice of trust.
  (1) Upon the death of a grantor of a trust described in s. 733.707(3), the trustee must file a notice of trust with ...
• Florida Estates And Trusts Code Section 737.309; Resignation of trustee.
  (1) A trustee may resign: (a) Upon at least 30 days' written notice to the settlor, if living, all cotrustees, and all persons entitled to ...
• Florida Estates And Trusts Code Section 737.401; Powers of trustee conferred by trust or by law.
  The trustee has all powers conferred upon him or her by this part, unless limited in the trust ...
• Florida Estates And Trusts Code Section 737.402; Powers of trustees conferred by this part.
  (1) From the creation of the trust until final distribution of the assets from the trust, a trustee has the power to perform every act ...
• Florida Estates And Trusts Code Section 737.4025; Powers of trustees conferred by this part in relation to environmental or human health laws affecting trust property or to trust property contaminated with hazardous or toxic substances; liability.
  (1) From the creation of a trust until final distribution of the assets from the trust, the trustee has, without court authorization, the powers specified ...
• Florida Estates And Trusts Code Section 737.403; Power of court to permit deviation or to approve transactions involving conflict of interest.
  (1) This part does not affect the power of the court to relieve a trustee for cause from any restrictions on the trustee's power ...
• Florida Estates And Trusts Code Section 737.4031; Judicial modification of trusts.
  (1) If the purposes of a trust have been fulfilled or have become illegal or impossible to fulfill or, if because of circumstances not known ...
• Florida Estates And Trusts Code Section 737.4032; Nonjudicial modification of trusts.
  (1) A trust which is not revocable may be modified at any time after the settlor's death, upon the unanimous agreement of the trustee ...
• Florida Estates And Trusts Code Section 737.4033; Costs and attorney's fees.
  In all proceedings under s. 737.4031 or s. 737.4032, the court shall award taxable costs as in chancery actions, including attorney's fees ...
• Florida Estates And Trusts Code Section 737.404; Powers exercisable by joint trustees; liability.
  (1) Any power vested in three or more trustees may be exercised by a majority, but a trustee who has not joined in exercising a ...
• Florida Estates And Trusts Code Section 737.405; Third persons protected.
  With respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, the existence of trust powers ...
• Florida Estates And Trusts Code Section 737.406; Application of this part.
  Except as specifically provided in the trust, the provisions of this part apply to any trust established before or after the effective date of this ...
• Florida Estates And Trusts Code Section 737.501; Definitions.
  As used in this part: (1) Unless otherwise indicated, section references relate to the Internal Revenue Code of 1954, in effect on January 1, 1971, ...
• Florida Estates And Trusts Code Section 737.502; Application of this part.
  Except as otherwise provided in the trust, the provisions of this part apply to all private foundation trusts and split interest trusts, whether created or ...
• Florida Estates And Trusts Code Section 737.503; Trustee of a private foundation trust or a split interest trust.
  Except as provided in s. 737.505, the trustee of a private foundation trust or a split interest trust has the duties and powers conferred ...
• Florida Estates And Trusts Code Section 737.504; Powers and duties of trustee of a private foundation trust or a split interest trust.
  (1) In the exercise of his or her powers, including the powers granted by this part, a trustee has a duty to act with due ...
• Florida Estates And Trusts Code Section 737.505; Notice that this part does not apply.
  In the case of a power to make distributions, if the trustee determines that the governing instrument contains provisions that are more restrictive than s. ...
• Florida Estates And Trusts Code Section 737.506; Power to amend trust instrument.
  (1) In the case of a trust that is solely for a named charitable organization or organizations and for which the trustee does not possess ...
• Florida Estates And Trusts Code Section 737.507; Power of court to permit deviation.
  This part does not affect the power of a court to relieve a trustee from any restrictions on his or her powers and duties that ...
• Florida Estates And Trusts Code Section 737.508; Release; property and persons affected; manner of effecting.
  (1) The trustee of a trust, all of the unexpired interests in which are devoted to one or more charitable purposes, may release a power ...
• Florida Estates And Trusts Code Section 737.509; Election to come under this part.
  With the consent of that organization or organizations, a trustee of a trust for the benefit of a public charitable organization or organizations may come ...
• Florida Estates And Trusts Code Section 737.510; Supervision by public charitable organization.
  (1) The trustee of a trust subject to the supervision by a specified public charitable organization or organizations, as provided in s. 737.508(5) ...
• Florida Estates And Trusts Code Section 737.511; Interpretation.
  This part shall be interpreted to effectuate the intent of the state to preserve, foster, and encourage gifts to, or for the benefit of, charitable ...
• Florida Estates And Trusts Code Section 737.512; Inapplicability to certain trusts.
  This part shall not apply to any trust to the extent that a court shall determine, in a proceeding initiated before November 1, 1971, that ...
• Florida Estates And Trusts Code Section 737.6035; Antilapse; deceased trust beneficiary; class gifts.
  Unless a contrary intention appears in the inter vivos trust: (1) If a beneficiary of an inter vivos trust who is a grandparent, or a ...
• Florida Estates And Trusts Code Section 737.621; Rules of construction; general provisions.
  The intention of the grantor as expressed in the trust controls the legal effect of the dispositions therein made. The rules of construction as expressed ...
• Florida Estates And Trusts Code Section 737.622; Change in securities; accessions; nonademption.
  A gift of specific securities, rather than their equivalent value, shall entitle the beneficiary only to: (1) As much of the gifted securities of the ...
• Florida Estates And Trusts Code Section 737.623; Construction of generic terms.
  Adopted persons and persons born out of wedlock are included in class gift terminology and terms of relationship, in accordance with rules for determining relationships ...
• Florida Estates And Trusts Code Section 737.624; Gifts to be per stirpes.
  Unless the trust instrument provides otherwise, all class gifts shall be per ...
• Florida Estates And Trusts Code Section 737.625; Killer not entitled to receive property or other benefits by reason of victim's death.
  (1) A beneficiary of a trust who unlawfully and intentionally kills or unlawfully and intentionally participates in procuring the death of the grantor or another ...
• Florida Estates And Trusts Code Section 737.626; Evidence as to death or status.
  In proceedings concerning trusts, this section relating to determination of death and status is applicable: (1) An authenticated copy of a death certificate issued by ...
• Florida Estates And Trusts Code Section 737.627; Costs and attorney's fees.
  (1) In all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee's powers, the court shall ...
• Florida Estates And Trusts Code Section 738.101; Short title.
  This chapter may be cited as the "Florida Uniform Principal and Income ...
• Florida Estates And Trusts Code Section 738.102; Definitions.
  As used in this chapter, the term: (1) "Accounting period" means a calendar year unless another 12-month period is selected by a fiduciary. The ...
• Florida Estates And Trusts Code Section 738.103; Fiduciary duties; general principles.
  (1) In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of ss. 738.201 ...
• Florida Estates And Trusts Code Section 738.104; Trustee's power to adjust.
  (1) A trustee may adjust between principal and income to the extent the trustee considers necessary if the trustee invests and manages trust assets as ...
• Florida Estates And Trusts Code Section 738.1041; Total return unitrust.
  (1) For purposes of this section, the term: (a) "Disinterested person" means a person who is not a "related or subordinate party" as defined in ...
• Florida Estates And Trusts Code Section 738.105; Judicial control of discretionary powers.
  (1) A court shall not change a fiduciary's decision to exercise or not to exercise a discretionary power conferred by this chapter unless the ...
• Florida Estates And Trusts Code Section 738.201; Determination and distribution of net income.
  After a decedent dies, in the case of an estate, or after an income interest in a trust ends, the following rules apply: (1) A ...
• Florida Estates And Trusts Code Section 738.202; Distribution to residuary and remainder beneficiaries.
  (1) Each beneficiary described in s. 738.201(4) is entitled to receive a portion of the net income equal to the beneficiary's fractional ...
• Florida Estates And Trusts Code Section 738.301; When right to income begins and ends.
  An income beneficiary is entitled to net income from the date on which the income interest begins. (1) An income interest begins on the date ...
• Florida Estates And Trusts Code Section 738.302; Apportionment of receipts and disbursements when decedent dies or income interest begins.
  (1) A trustee shall allocate an income receipt or disbursement other than one to which s. 738.201(1) applies to principal if the due ...
• Florida Estates And Trusts Code Section 738.303; Apportionment when income interest ends.
  (1) For purposes of this section, "undistributed income" means net income received on or before the date on which an income interest ends. The term ...
• Florida Estates And Trusts Code Section 738.401; Character of receipts.
  (1) For purposes of this section, "entity" means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund, or ...
• Florida Estates And Trusts Code Section 738.402; Distribution from trust or estate.
  A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has ...
• Florida Estates And Trusts Code Section 738.403; Business and other activities conducted by trustee.
  (1) If a trustee who conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account ...
• Florida Estates And Trusts Code Section 738.501; Principal receipts.
  A trustee shall allocate to principal: (1) To the extent not allocated to income under this chapter, assets received from a transferor during the transferor'...
• Florida Estates And Trusts Code Section 738.502; Rental property.
  To the extent a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as ...
• Florida Estates And Trusts Code Section 738.503; Obligation to pay money.
  (1) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the trustee, including ...
• Florida Estates And Trusts Code Section 738.504; Insurance policies and similar contracts.
  (1) Except as otherwise provided in subsection (2), a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in ...
• Florida Estates And Trusts Code Section 738.601; Insubstantial allocations not required.
  If a trustee determines that an allocation between principal and income required by s. 738.602, s. 738.603, s. 738.604, s. 738.605, ...
• Florida Estates And Trusts Code Section 738.602; Deferred compensation, annuities, and similar payments.
  (1) For purposes of this section, "payment" means a payment that a trustee may receive over a fixed number of years or during the life ...
• Florida Estates And Trusts Code Section 738.603; Liquidating asset.
  (1) For purposes of this section, "liquidating asset" means an asset the value of which will diminish or terminate because the asset is expected to ...
• Florida Estates And Trusts Code Section 738.604; Minerals, water, and other natural resources.
  (1) To the extent a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee shall ...
• Florida Estates And Trusts Code Section 738.605; Timber.
  (1) To the extent a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate ...
• Florida Estates And Trusts Code Section 738.606; Property not productive of income.
  (1) If a marital deduction is allowed for all or part of a trust the income of which is required to be distributed to the ...
• Florida Estates And Trusts Code Section 738.607; Derivatives and options.
  (1) For purposes of this section, "derivative" means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust ...
• Florida Estates And Trusts Code Section 738.608; Asset-backed securities.
  (1) For purposes of this section, "asset-backed security" means an asset the value of which is based upon the right given the owner to ...
• Florida Estates And Trusts Code Section 738.701; Disbursements from income.
  A trustee shall make the following disbursements from income to the extent they are not disbursements to which s. 738.201(2)(a) or (c) ...
• Florida Estates And Trusts Code Section 738.702; Disbursements from principal.
  (1) A trustee shall make the following disbursements from principal: (a) The remaining one-half of the disbursements described in s. 738.701(1) and (...
• Florida Estates And Trusts Code Section 738.703; Transfers from income to principal for depreciation.
  (1) For purposes of this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed asset ...
• Florida Estates And Trusts Code Section 738.704; Transfers from income to reimburse principal.
  (1) If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income ...
• Florida Estates And Trusts Code Section 738.705; Income taxes.
  (1) A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income. (2) A tax required ...
• Florida Estates And Trusts Code Section 738.706; Adjustments between principal and income because of taxes.
  (1) A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder ...
• Florida Estates And Trusts Code Section 738.801; Application with respect to apportionment of expenses; improvements.
  (1) The provisions of ss. 738.701-738.705, so far as applicable and excepting those dealing with costs of, or assessments for, improvements to ...
• Florida Estates And Trusts Code Section 738.802; Uniformity of application and construction.
  In applying and construing this act, consideration shall be given to the need to promote uniformity of the law with respect to the act's ...
• Florida Estates And Trusts Code Section 738.803; Severability.
  If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or ...
• Florida Estates And Trusts Code Section 738.804; Application.
  Except as provided in the trust instrument, the will, or this chapter, this chapter shall apply to any receipt or expense received or incurred and ...
• Florida Estates And Trusts Code Section 739.101; Short title.
  This chapter may be cited as the "Florida Uniform Disclaimer of Property Interests ...
• Florida Estates And Trusts Code Section 739.102; Definitions.
  As used in this chapter, the term: (1) "Benefactor" means the creator of the interest that is subject to a disclaimer. (2) "Beneficiary designation" means ...
• Florida Estates And Trusts Code Section 739.103; Scope.
  This chapter applies to disclaimers of any interest in or power over property, whenever created. Except as provided in s. 739.701, this chapter is ...
• Florida Estates And Trusts Code Section 739.104; Power to disclaim; general requirements; when irrevocable.
  (1) A person may disclaim, in whole or in part, conditionally or unconditionally, any interest in or power over property, including a power of appointment. ...
• Florida Estates And Trusts Code Section 739.201; Disclaimer of interest in property.
  Except for a disclaimer governed by s. 739.202, s. 739.203, or s. 739.204, the following rules apply to a disclaimer of an ...
• Florida Estates And Trusts Code Section 739.202; Disclaimer of rights of survivorship in jointly held property.
  (1) Upon the death of a holder of jointly held property: (a) If, during the deceased holder's lifetime, the deceased holder could have unilaterally ...
• Florida Estates And Trusts Code Section 739.203; Disclaimer of property held as tenancy by the entirety.
  (1) The survivorship interest in property held as a tenancy by the entirety to which the survivor succeeds by operation of law upon the death ...
• Florida Estates And Trusts Code Section 739.204; Disclaimer of interest by trustee.
  If a trustee having the power to disclaim under the instrument creating the fiduciary relationship or pursuant to court order disclaims an interest in property ...
• Florida Estates And Trusts Code Section 739.205; Disclaimer of power of appointment or other power not held in a fiduciary capacity.
  If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: (1) If the holder ...
• Florida Estates And Trusts Code Section 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 appointee of a power of appointment takes effect as of the time the instrument by ...
• Florida Estates And Trusts Code Section 739.207; Disclaimer of power held in fiduciary capacity.
  (1) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time ...
• Florida Estates And Trusts Code Section 739.301; Delivery or filing.
  (1) Subject to subsections (2) through (12), delivery of a disclaimer may be effected by personal delivery, first-class mail, or any other method that ...
• Florida Estates And Trusts Code Section 739.401; When disclaimer is permitted.
  A disclaimer may be made at any time unless barred under s. 739....
• Florida Estates And Trusts Code Section 739.402; When disclaimer is barred or limited.
  (1) A disclaimer is barred by a written waiver of the right to disclaim. (2) A disclaimer of an interest in property is barred if ...
• Florida Estates And Trusts Code Section 739.501; Tax-qualified disclaimer.
  Notwithstanding any other provision of this chapter, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated pursuant to ...
• Florida Estates And Trusts Code Section 739.601; Recording of disclaimer relating to real estate.
  (1) A disclaimer of an interest in or relating to real estate does not provide constructive notice to all persons unless the disclaimer contains a ...
• Florida Estates And Trusts Code Section 739.701; Application to existing relationships.
  Except as otherwise provided in s. 739.402, an interest in or power over property existing on July 1, 2005, as to which the time ...

Last modified: November 21, 2006