736.0201 Role of court in trust proceedings. - Florida Statutes

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 by the Florida Rules of Civil Procedure.

   (2) The court may intervene in the administration of a trust to the extent the court’s jurisdiction is invoked by an interested person or as provided by law.

   (3) A trust is not subject to continuing judicial supervision unless ordered by the court.

   (4) A judicial proceeding involving a trust may relate to the validity, administration, or distribution of a trust, including proceedings to:

   (a) Determine the validity of all or part of a trust;

   (b) Appoint or remove a trustee;

   (c) Review trustees’ fees;

   (d) Review and settle interim or final accounts;

   (e) Ascertain beneficiaries; determine any question arising in the administration or distribution of any trust, including questions of construction of trust instruments; instruct trustees; and determine the existence or nonexistence of any immunity, power, privilege, duty, or right;

   (f) Obtain a declaration of rights; or

   (g) Determine any other matters involving trustees and beneficiaries.

   (5) A proceeding for the construction of a testamentary trust may be filed in the probate proceeding for the testator’s estate. The proceeding shall be governed by the Florida Probate Rules.

History. s. 2, ch. 2006-217.