§ 736.1013, Fla. Stat. · Part X. LIABILITY OF TRUSTEE ANDRIGHTS OF PERSONS DEALING WITH TRUSTEE
Limitation on personal liability of trustee.
Text — 2026 Florida Statutes
(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 capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.
(2) A trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property only if the trustee is personally at fault.
(3) A claim based on a contract entered into by a trustee in the trustee’s fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust may be asserted in a judicial proceeding against the trustee in the trustee’s fiduciary capacity, whether or not the trustee is personally liable for the claim.
(4) Issues of liability between the trust estate and the trustee individually may be determined in a proceeding for accounting, surcharge, or indemnification or in any other appropriate proceeding.
Notes and commentary — not statutory text
History
s. 10, ch. 2006-217.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html
- Text hash
- sha256 72b085f59b6743db8de9e2b971994b1b79ea917305adb9cd95af00cfe688e22c
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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Cited by 3 provisions
Provisions in this library whose text cites § 736.1013, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 689.071, Fla. Stat.Florida Land Trust Act.Printed as ss. 736.08125 and 736.1013
- § 721.08, Fla. Stat.Escrow accounts; nondisturbance instruments; alternate security arrangements; transfer of legal title.Printed as ss. 736.08125, 736.08163, 736.1013, and 736.1015
- § 721.53, Fla. Stat.Subordination instruments; alternate security arrangements.Printed as ss. 736.08125, 736.08163, 736.1013, and 736.1015
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.