Florida Statutes
Fla. Stat. § 86.041 (2025)
Actions by executors, administrators, trustees, etc.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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86.041 Actions by executors, administrators, trustees, etc.—Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, a guardianship, or the estate of a decedent, an infant, a mental incompetent, or insolvent may have a declaration of rights or equitable or legal relations to:
(1) Ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
(2) Direct the executor, administrator, or trustee to refrain from doing any particular act in his or her fiduciary capacity; or
(3) Determine any question relating to the administration of the guardianship, estate, or trust, including questions of construction of wills and other writings.
For the purpose of this section, a “mental incompetent” is one who, because of mental illness, intellectual disability, senility, excessive use of drugs or alcohol, or other mental incapacity, is incapable of managing his or her property or caring for himself or herself or both.
History.—s. 4, ch. 21820, 1943; s. 38, ch. 67-254; s. 1, ch. 88-33; s. 459, ch. 95-147; s. 3, ch. 2013-162.
Note.—Former s. 87.04.
Notes of Decisions
Cited in 8
cases, 1976–2009 · leading case: Wolf Sanitary Wiping Cloth, Inc. v. Wolf, 526 So. 2d 702 (Fla. 3d DCA 1988).
Wolf Sanitary Wiping Cloth, Inc. v. Wolf, 526 So. 2d 702 (Fla. 3d DCA 1988). “§ 86.041, Fla. Stat. (1985). [3] The statute provides in pertinent part: 731.”
Wells v. Wells, 24 So. 3d 579 (Fla. 4th DCA 2009). “Section 86.041, Florida Statutes (2007) provides, in part: Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, a guardianship,…”
Dent v. Belin, 483 So. 2d 61 (Fla. 1st DCA 1986). “Section 86.041 provides that any person interested as a trustee in the administration of a trust may have a declaration of rights to determine any question arising in the administration of the trust (emphasis supplied).”
Scott v. Reyes, 913 So. 2d 13 (Fla. 2d DCA 2005). “Invoking section 86.041, Florida Statutes (2003), Mrs.”
King v. Pinellas Cent. Bank & Trust Co., 339 So. 2d 712 (Fla. 2d DCA 1976). “However, it has overlooked § 86.041, Fla.Stat.1975, which states: “Any person interested as or through [a] .”
First Nat'l Bank in Palm Beach v. Underwood, 499 So. 2d 60 (Fla. 4th DCA 1986). “3d DCA 1962); § 86.041(3), Florida Statutes (1985). Affirmed.”
Backus v. Howard W. Backus Towing, Inc., 391 So. 2d 378 (Fla. 3d DCA 1980). “Further, as the personal representative of the estate of Howard, Mary may also seek declaratory relief under Section 86.041(1) & (3), Florida Statutes (1977), “.”
Adelsperger v. Midlantic Nat'l Bank & Trust Co., 567 So. 2d 444 (Fla. 4th DCA 1990). “Section 86.041 provides that any person interested as a trustee in the administration of a trust may have a declaration of rights to determine any question arising in the administration of the trust (emphasis supplied).”
— 86.041(1) — 1 case
Backus v. Howard W. Backus Towing, Inc., 391 So. 2d 378 (Fla. 3d DCA 1980). “Further, as the personal representative of the estate of Howard, Mary may also seek declaratory relief under Section 86.041(1) & (3), Florida Statutes (1977), “.”
— 86.041(3) — 2 cases
First Nat'l Bank in Palm Beach v. Underwood, 499 So. 2d 60 (Fla. 4th DCA 1986). “3d DCA 1962); § 86.041(3), Florida Statutes (1985). Affirmed.”
Adelsperger v. Midlantic Nat'l Bank & Trust Co., 567 So. 2d 444 (Fla. 4th DCA 1990). “Section 86.041 provides that any person interested as a trustee in the administration of a trust may have a declaration of rights to determine any question arising in the administration of the trust (emphasis supplied).”
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