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2010 Florida Statutes
Role of court in trust proceedings.
Role of court in trust proceedings.
—Except as provided in subsection (5) and s. 736.0206, proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure.
The court may intervene in the administration of a trust to the extent the court’s jurisdiction is invoked by an interested person or as provided by law.
A trust is not subject to continuing judicial supervision unless ordered by the court.
A judicial proceeding involving a trust may relate to the validity, administration, or distribution of a trust, including proceedings to:
Determine the validity of all or part of a trust;
Appoint or remove a trustee;
Review trustees’ fees;
Review and settle interim or final accounts;
Ascertain beneficiaries; determine any question arising in the administration or distribution of any trust, including questions of construction of trust instruments; instruct trustees; and determine the existence or nonexistence of any immunity, power, privilege, duty, or right;
Obtain a declaration of rights; or
Determine any other matters involving trustees and beneficiaries.
A proceeding for the construction of a testamentary trust may be filed in the probate proceeding for the testator’s estate. The proceeding shall be governed by the Florida Probate Rules.
s. 2, ch. 2006-217.