The Florida Senate

736.0201  Role of court in trust proceedings.--

(1)  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.

(2)  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.

(3)  A trust is not subject to continuing judicial supervision unless ordered by the court.

(4)  A judicial proceeding involving a trust may relate to the validity, administration, or distribution of a trust, including proceedings to:

(a)  Determine the validity of all or part of a trust;

(b)  Appoint or remove a trustee;

(c)  Review trustees' fees;

(d)  Review and settle interim or final accounts;

(e)  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;

(f)  Obtain a declaration of rights; or

(g)  Determine any other matters involving trustees and beneficiaries.

(5)  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.

History.--s. 2, ch. 2006-217.