§ 738.305, Fla. Stat. · Chapter 738. UNIFORM FIDUCIARY INCOME AND PRINCIPAL ACT
Unitrust policy.
Text — 2026 Florida Statutes
(1) In administering a unitrust under ss. 738.301-738.310, a fiduciary shall follow a unitrust policy adopted under s. 738.303(1)(a) or (b) or amended or replaced under s. 738.303(1)(b).
(2) A unitrust policy must provide all of the following:
(a) The unitrust rate or method for determining the unitrust rate under s. 738.306.
(b) The method for determining the applicable value under s. 738.307.
(c) The rules described in ss. 738.306-738.310 which apply in the administration of the unitrust, whether the rules are:
1. Mandatory as provided in ss. 738.307(1) and (3), 738.308(1), and 738.310; or
2. Optional as provided in ss. 738.306, 738.307(2), and 738.308(2), to the extent that the fiduciary elects to adopt those rules.
(3) A unitrust policy may do any of the following:
(a) Provide methods and standards for:
1. Determining the timing of the distributions;
2. Making distributions in cash or in kind or partly in cash and partly in kind; or
3. Correcting an underpayment or overpayment to a beneficiary based on the unitrust amount if there is an error in calculating the unitrust amount.
(b) Specify sources and the order of sources, including categories of income for federal income tax purposes, from which distributions of a unitrust amount are paid.
(c) Provide other standards and rules that the fiduciary determines serve the interests of the beneficiaries.
Notes and commentary — not statutory text
History
s. 14, 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
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- sha256 90dc8a913fc2b80e21ac31f1a26d3bfaf8dc62d0a00b27ac68f6b77306c5937c
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- 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
- § 738.301, Fla. Stat.Definitions.Printed as ss. 738.301-738.310
- § 738.303, Fla. Stat.Authority of fiduciary.Printed as s. 738.303(1)(a); s. 738.303(1)(b)
- § 738.306, Fla. Stat.Unitrust rate.Printed as s. 738.306; ss. 738.306, 738.307(2), and 738.308(2); ss. 738.306-738.310
- § 738.307, Fla. Stat.Applicable value.Printed as s. 738.307; ss. 738.306, 738.307(2), and 738.308(2); ss. 738.307(1)
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.