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© 2026 BenchPath · Florida V1 · Built on official public court sources

Fla. Stat. ch. 736 — FLORIDA TRUST CODE · BenchPath

The Florida Statutes

Chapter 736. FLORIDA TRUST CODE

2026 Florida Statutes. Published by The Florida Legislature (Online Sunshine).

Florida
Law Library
The Florida Statutes
Title XLII
Chapter 736

Search the text

Words from the text, or a citation such as § 90.803 or Fla. R. Civ. P. 1.510

Part I. GENERAL PROVISIONS AND DEFINITIONS

§ 736.0101Short title.
§ 736.0102Scope.
§ 736.0103Definitions.
§ 736.0104Knowledge.
§ 736.0105Default and mandatory rules.
§ 736.0106Common law of trusts; principles of equity.
§ 736.0107Governing law.
§ 736.0108Principal place of administration.
§ 736.0109Methods and waiver of notice.
§ 736.0110Others treated as qualified beneficiaries.
§ 736.0111Nonjudicial settlement agreements.
§ 736.0112Qualification of foreign trustee.

Part II. JUDICIAL PROCEEDINGS

§ 736.0201Role of court in trust proceedings.
§ 736.0202Jurisdiction over trustee and beneficiary.
§ 736.02025Service of process.
§ 736.0203Subject matter jurisdiction.
§ 736.0204Venue.
§ 736.0206Proceedings for review of employment of agents and review of compensation of trustee and employees of trust.
§ 736.0207Trust contests.

Part III. REPRESENTATION

§ 736.0301Representation; basic effect.
§ 736.0302Representation by holder of power of appointment.
§ 736.0303Representation by fiduciaries and parents.
§ 736.0304Representation by person having substantially identical interest.
§ 736.0305Appointment of representative.
§ 736.0306Designated representative.

Part IV. CREATION, VALIDITY, MODIFICATION,AND TERMINATION

§ 736.0401Methods of creating trust.
§ 736.0402Requirements for creation.
§ 736.0403Trusts created in other jurisdictions; formalities required for revocable trusts.
§ 736.0404Trust purposes.
§ 736.0405Charitable purposes; enforcement.
§ 736.0406Effect of fraud, duress, mistake, or undue influence.
§ 736.0407Evidence of oral trust.
§ 736.0408Trust for care of an animal.

Part V. CREDITORS’ CLAIMS; SPENDTHRIFTAND DISCRETIONARY TRUSTS

§ 736.0501Rights of beneficiary’s creditor or assignee.
§ 736.0502Spendthrift provision.
§ 736.0503Exceptions to spendthrift provision.
§ 736.0504Discretionary trusts; effect of standard.
§ 736.0505Creditors’ claims against settlor.
§ 736.05053Trustee’s duty to pay expenses and obligations of settlor’s estate.
§ 736.05055Notice of trust.
§ 736.0506Overdue distribution.

Part VI. REVOCABLE TRUSTS

§ 736.0601Capacity of settlor of revocable trust.
§ 736.0602Revocation or amendment of revocable trust.
§ 736.0603Settlor’s powers; powers of withdrawal.
§ 736.0604Limitation on action contesting validity of revocable trust.

Part VII. OFFICE OF TRUSTEE

§ 736.0701Accepting or declining trusteeship.
§ 736.0702Trustee’s bond.
§ 736.0703Cotrustees.
§ 736.0704Vacancy in trusteeship; appointment of successor.
§ 736.0705Resignation of trustee.
§ 736.0706Removal of trustee.
§ 736.0707Delivery of property by former trustee.
§ 736.0708Compensation of trustee.
§ 736.0709

Part VIII. DUTIES AND POWERS OF TRUSTEE

§ 736.0801Duty to administer trust.
§ 736.0802Duty of loyalty.
§ 736.0803Impartiality.
§ 736.0804Prudent administration.
§ 736.0805Expenses of administration.
§ 736.0806Trustee’s skills.
§ 736.0807Delegation by trustee.
§ 736.0809Control and protection of trust property.
§ 736.0810

Part IX. TRUST INVESTMENTS

§ 736.0901Applicability of chapter 518.
§ 736.0902Nonapplication of prudent investor rule.

Part X. LIABILITY OF TRUSTEE ANDRIGHTS OF PERSONS DEALING WITH TRUSTEE

§ 736.1001Remedies for breach of trust.
§ 736.1002Damages for breach of trust.
§ 736.1003Damages in absence of breach.
§ 736.1004Attorney’s fees and costs.
§ 736.1005Attorney fees for services to the trust.
§ 736.1006Costs in trust proceedings.
§ 736.1007Trustee’s attorney fees.
§ 736.1008Limitations on proceedings against trustees.

Part XI. RULES OF CONSTRUCTION

§ 736.1101Rules of construction; general provisions.
§ 736.1102Construction of terms.
§ 736.1103Gifts to multigeneration classes to be per stirpes.
§ 736.1104Person not entitled to receive property or other benefits by reason of victim’s death.
§ 736.1105Effect of subsequent marriage, birth, adoption, or dissolution of marriage.
§ 736.1106Antilapse; survivorship with respect to future interests under terms of inter vivos and testamentary trusts; substitute takers.
§ 736.1107Change in securities; accessions; nonademption.
§ 736.1108Penalty clause for contest.

Part XII. CHARITABLE TRUSTS

§ 736.1201Definitions.
§ 736.1202Application of this part.
§ 736.1203Trustee of a private foundation trust or a split interest trust.
§ 736.1204Powers and duties of trustee of a private foundation trust or a split interest trust.
§ 736.1205Notice that this part does not apply.
§ 736.1206Power to amend trust instrument.
§ 736.1207Power of court to permit deviation.
§ 736.1208Release; property and persons affected; manner of effecting.

Part XIII. MISCELLANEOUS

§ 736.1301Electronic records and signatures.
§ 736.1302Severability clause.
§ 736.1303Application to existing relationships.

Part XIV. FLORIDA UNIFORM DIRECTED TRUST ACT

§ 736.1401Short title.
§ 736.1403Application; principal place of administration.
§ 736.1405Exclusions.
§ 736.1406Power of trust director.
§ 736.1407Limitations on trust director.
§ 736.1408Duty and liability of trust director.
§ 736.1409Duty and liability of directed trustee.
§ 736.141Duty to provide information.

Part XV. COMMUNITY PROPERTY TRUST ACT

§ 736.1501Short title.
§ 736.1502Definitions.
§ 736.1503Requirements for community property trust.
§ 736.1504Agreement establishing community property trust; amendments and revocation.
§ 736.1505Classification of property as community property; enforcement; duration; management and control; effect of distributions.
§ 736.1506Satisfaction of obligations.
§ 736.1507Death of a spouse.
§ 736.1508Dissolution of marriage.

Cited by 9 provisions

Provisions in this library whose text cites Fla. Stat. ch. 736. Each shows the citation as that text prints it.

Florida Probate Rules

Fla. Prob. R. 5.015GENERAL DEFINITIONSPrinted as chapters 731, 732, 733, 734, 735, 736, 738, 739, and 744

The Florida Statutes

§ 660.25, Fla. Stat.Definitions.Printed as chapter 736
§ 660.46, Fla. Stat.Substitution of fiduciaries.Printed as chapter 736
§ 662.130, Fla. Stat.Powers of family trust companies, licensed family trust companies, and foreign licensed family trust companies.Printed as chapter 736

← Chapter 735 Chapter 738 →

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.

§ 736.0409

Noncharitable trust without ascertainable beneficiary.

§ 736.0410Modification or termination of trust; proceedings for disapproval of nonjudicial acts.

§ 736.04113Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose.

§ 736.04114Limited judicial construction of irrevocable trust with federal tax provisions.

§ 736.04115Judicial modification of irrevocable trust when modification is in best interests of beneficiaries.

§ 736.04117Trustee’s power to invade principal in trust.

§ 736.0412Nonjudicial modification of irrevocable trust.

§ 736.0413Cy pres.

§ 736.0414Modification or termination of uneconomic trust.

§ 736.0415Reformation to correct mistakes.

§ 736.0416Modification to achieve settlor’s tax objectives.

§ 736.0417Combination and division of trusts.

§ 736.0507

Personal obligations of trustee.

Reimbursement of expenses.

Recordkeeping and identification of trust property.

§ 736.08105Duty to ascertain marketable title of trust real property.

§ 736.0811Enforcement and defense of claims.

§ 736.0812Collecting trust property.

§ 736.08125Protection of successor trustees.

§ 736.0813Duty to inform and account.

§ 736.08135Trust accountings.

§ 736.0814Discretionary powers; tax savings.

§ 736.08145Grantor trust reimbursement.

§ 736.08147Duty to distribute trust income.

§ 736.0815General powers of trustee.

§ 736.0816Specific powers of trustee.

§ 736.08163Powers of trustees relating to environmental or human health laws or to trust property contaminated with hazardous or toxic substances; liability.

§ 736.08165Administration pending outcome of contest or other proceeding.

§ 736.0817Distribution on termination.

§ 736.10081

Nonjudicial settlement and discharge of a trustee; disclosure; objections.

§ 736.10085Claims against former trustees.

§ 736.1009Reliance on trust instrument.

§ 736.1010Event affecting administration or distribution.

§ 736.1011Exculpation of trustee.

§ 736.1012Beneficiary’s consent, release, or ratification.

§ 736.1013Limitation on personal liability of trustee.

§ 736.1014Limitations on actions against certain trusts.

§ 736.1015Interest as general partner.

§ 736.1016Protection of person dealing with trustee.

§ 736.1017Certification of trust.

§ 736.1018Improper distribution or payment; liability of distributee.

§ 736.1109Testamentary and revocable trusts; homestead protections.

§ 736.1110Ademption by satisfaction.

§ 736.1209

Election to come under this part.

§ 736.1210Interpretation.

§ 736.1211Protections afforded to certain charitable trusts and organizations.

§ 736.1411

No duty to monitor, inform, or advise.

§ 736.1412Application to cotrustee.

§ 736.1413Limitation of action against trust director.

§ 736.1414Defenses in action against trust director.

§ 736.1415Jurisdiction over trust director.

§ 736.1416Office of trust director.

§ 736.1509

Right of child to support.

§ 736.151Homestead property.

§ 736.1511Application of Internal Revenue Code; community property classified by another jurisdiction.

§ 736.1512Unenforceable trusts.

§ 662.1465, Fla. Stat.Family trust company proceedings; public records exemption.Printed as chapter 736

§ 689.071, Fla. Stat.Florida Land Trust Act.Printed as chapter 736

§ 731.103, Fla. Stat.Evidence as to death or status.Printed as chapter 736

§ 731.201, Fla. Stat.General definitions.Printed as chapters 736, 738, 739, and 744

§ 825.103, Fla. Stat.Exploitation of an elderly person or disabled adult; penalties.Printed as chapter 736