§ 738.502, Fla. Stat. · Chapter 738. UNIFORM FIDUCIARY INCOME AND PRINCIPAL ACT
Disbursement from principal.
Text — 2026 Florida Statutes
(1) Subject to s. 738.505, and except as otherwise provided in s. 738.601(3)(b), a fiduciary shall disburse all of the following from principal:
(a) The balance of the disbursements described in s. 738.501(1) and (3), after application of s. 738.501(2).
(b) The fiduciary’s compensation calculated on principal as a fee for acceptance, distribution, or termination.
(c) A payment of an expense to prepare for or execute a sale or other disposition of property.
(d) A payment on the principal of a trust debt.
(e) A payment of an expense of an accounting, judicial or nonjudicial proceeding, or other matter that involves primarily principal, including a proceeding to construe the terms of the trust or protect property.
(f) A payment of a premium for insurance, including title insurance, not described in s. 738.501(4) of which the fiduciary is the owner and beneficiary.
(g) A payment of estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust.
(h) A payment related to environmental matters including:
1. Reclamation;
2. Assessing environmental conditions;
3. Remedying and removing environmental contamination;
4. Monitoring remedial activities and the release of substances;
5. Preventing future releases of substances;
6. Collecting amounts from persons liable or potentially liable for the costs of the activities described in subparagraphs 1.-5.;
7. Penalties imposed under environmental laws or regulations;
8. Other actions to comply with environmental laws or regulations;
9. Statutory or common law claims by third parties; and
10. Defending claims based on environmental matters.
(i) A payment of a premium for insurance for matters described in paragraph (h).
(2) If a principal asset is encumbered with an obligation that requires income from the asset to be paid directly to a creditor, the fiduciary must transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
Notes and commentary — not statutory text
History
s. 1, ch. 2002-42; s. 16, ch. 2012-49; s. 37, 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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- 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.
Cited by 4 provisions
Provisions in this library whose text cites § 738.502, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 738.404, Fla. Stat.Principal receipts.Printed as s. 738.502(1)
- § 738.504, Fla. Stat.Reimbursement of income from principal.Printed as s. 738.502(1)
- § 738.505, Fla. Stat.Reimbursement of principal from income.Printed as s. 738.502(1)
- § 738.601, Fla. Stat.Determination and distribution of net income.Printed as s. 738.502
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.