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The 2025 Florida Statutes
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F.S. 86.04186.041 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 86.041
Total Results: 9
835 F.2d 830, 1988 U.S. App. LEXIS 388, 1988 WL 44
Court of Appeals for the Eleventh Circuit | Filed: Jan 15, 1988 | Docket: 812951
Cited 26 times | Published
constitutionality of a statute was at issue. Fla.Stat. § 86.041; U.S.Dist.Ct.S.D.Fla. Rule 9(B). The magistrate
526 So. 2d 702, 13 Fla. L. Weekly 1152, 1988 Fla. App. LEXIS 1916, 1988 WL 44489
District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 1679828
Cited 4 times | Published
section 733.607, Florida Statutes (1985). Section 86.041 specifically permits a declaratory action to
483 So. 2d 61, 11 Fla. L. Weekly 297
District Court of Appeal of Florida | Filed: Jan 30, 1986 | Docket: 455830
Cited 3 times | Published
construed. Section 86.101, Florida Statutes (1983). Section 86.041 provides that any person interested as a trustee
24 So. 3d 579, 2009 Fla. App. LEXIS 13755, 2009 WL 2949277
District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 1648520
Cited 1 times | Published
988 So.2d 1157, 1158-59 (Fla. 3d DCA 2008).
Section 86.041, Florida Statutes (2007) provides, in part:
913 So. 2d 13, 2005 Fla. App. LEXIS 14265, 2005 WL 2172231
District Court of Appeal of Florida | Filed: Sep 9, 2005 | Docket: 64840713
Published
estate administration proceeding. Invoking section 86.041, Florida Statutes (2003), Mrs. Scott’s individual
567 So. 2d 444, 1990 Fla. App. LEXIS 4551, 1990 WL 151219
District Court of Appeal of Florida | Filed: May 23, 1990 | Docket: 64653372
Published
Section 86.101, Florida Statutes, (1983). Section 86.041 provides that any person interested as a trustee
499 So. 2d 60, 12 Fla. L. Weekly 79, 1986 Fla. App. LEXIS 11066
District Court of Appeal of Florida | Filed: Dec 24, 1986 | Docket: 64623804
Published
v. McDowell, 148 So.2d 36 (Fla. 3d DCA 1962); § 86.041(3), Florida Statutes (1985).
Affirmed.
WALDEN
391 So. 2d 378, 1980 Fla. App. LEXIS 18254
District Court of Appeal of Florida | Filed: Dec 23, 1980 | Docket: 64579283
Published
Mary may also seek declaratory relief under Section 86.041(1) & (3), Florida Statutes (1977), “... (1)
339 So. 2d 712, 1976 Fla. App. LEXIS 15681
District Court of Appeal of Florida | Filed: Dec 1, 1976 | Docket: 64556026
Published
interpretation of May, supra. However, it has overlooked § 86.041, Fla.Stat.1975, which states:
“Any person interested
