§ 738.301, Fla. Stat. · Chapter 738. UNIFORM FIDUCIARY INCOME AND PRINCIPAL ACT
Definitions.
Text — 2026 Florida Statutes
For purposes of this section and ss. 738.302-738.310:
(1) “Applicable value” means the amount of the net fair market value of a trust taken into account under s. 738.307.
(2) “Express unitrust” means a trust for which, under the terms of the trust without regard to this section and ss. 738.302-738.310, net income must be calculated as a unitrust amount.
(3) “Income trust” means a trust, created by an inter vivos or testamentary instrument, that directs or permits the trustee to distribute the net income of the trust to one or more persons, in fixed proportions or in amounts or proportions determined by the trustee and regardless of whether the trust directs or permits the trustee to distribute the principal of the trust to one or more such persons.
(4) “Net fair market value of a trust” means the fair market value of the assets of the trust, less the reasonably known noncontingent liabilities of the trust.
(5) “Unitrust” means a trust for which net income is a unitrust amount. The term includes an express unitrust.
(6) “Unitrust amount” means an amount computed by multiplying a determined value of a trust by a determined percentage. For a unitrust administered under a unitrust policy, the term means the applicable value multiplied by the unitrust rate.
(7) “Unitrust policy” means a policy described in ss. 738.301-738.310 and adopted under s. 738.303.
(8) “Unitrust rate” means the rate used to compute the unitrust amount for a unitrust administered under a unitrust policy.
Notes and commentary — not statutory text
History
s. 1, ch. 2002-42; s. 9, ch. 2012-49; s. 10, ch. 2024-216.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0738/0738.html
- Text hash
- sha256 35d45cd051d57dd15205e646147d8cee8df8f0eb49825a829970b768e88aea34
- 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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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
Cited by 10 provisions
Provisions in this library whose text cites § 738.301, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 738.102, Fla. Stat.Definitions.Printed as ss. 738.301-738.310
- § 738.201, Fla. Stat.Fiduciary duties; general principles.Printed as ss. 738.301-738.310; ss. 738.301-738.416
- § 738.202, Fla. Stat.Judicial review of exercise of discretionary power; request for instruction.Printed as ss. 738.301-738.310
- § 738.203, Fla. Stat.Fiduciary’s power to adjust.Printed as ss. 738.301-738.310
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.