Fla. Stat. » 736

736.0201

Role of court in trust proceedings.

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736.0201 Role of court in trust proceedings.—
(1) Except as provided in subsections (5), (6), and (7) and s. 736.0206, judicial 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.
(6) Rule 1.525, Florida Rules of Civil Procedure, shall apply to judicial proceedings concerning trusts, except that the following do not constitute taxation of costs or attorney fees even if the payment is for services rendered or costs incurred in a judicial proceeding:
(a) A trustee’s payment of compensation or reimbursement of costs to persons employed by the trustee from assets of the trust.
(b) A determination by the court directing from what part of the trust fees or costs shall be paid, unless the determination is made under s. 736.1004 in an action for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers.
(7) A proceeding to determine the homestead status of real property owned by a trust may be filed in the probate proceeding for the settlor’s estate if the settlor was treated as the owner of the interest held in the trust under s. 732.4015. The proceeding shall be governed by the Florida Probate Rules.
History.—s. 2, ch. 2006-217; s. 13, ch. 2011-183; s. 5, ch. 2021-183.
Notes of Decisions
Cited in 18 cases (8 in the last 5 years), 2010–2025 · leading case: Baden v. Baden
Sort: Relevance Newest Treatment
Baden v. Baden (2018) fladistctapp · cites it 16× “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
Doe v. SUNTRUST BANK (2010) fladistctapp · cites it 4× “See § 736.0201(1), Fla. Stat. (2007). Rule 1.”
Covenant Trust Co. v. Guardianship of Ihrman (2010) fladistctapp · cites it 2× “Section 736.0201(1), Florida Statutes (2009), provides that trust proceedings *502 “shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure.”
Kathleen G. Kozinski, etc. v. Amy Stabenow and Nora Faul (2014) fladistctapp “See §§ 736.0201(1), 736.02025, Fla. Stat. (2014).”
Baden v. Baden (2018) fladistctapp · cites it 16× “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
H. RAY BADEN v. STEVEN CHRISTOPHER BADEN (2018) fladistctapp · cites it 13× “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
WILLIAM GUNDLACH, III v. JON ERIK GUNDLACH (2022) fladistctapp · cites it 5× “§ 736.0201(4)(a), (e)–(f), Fla. Stat. (2021).”
Great West Life & Annuity Insurance Company v. Brown (2022) flmd · cites it 3× “Fla. Stat. § 736.0201 (4)(e). Read naturally, this provision indicates courts may ascertain beneficiaries of a trust (not some separate contract).”
In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report (2021) fla · cites it 2× “§ 736.0201(7), Fla. Stat. Role of court in trust proceedings.”
IN RE: TRUST OF ADEAN E. WINES vs (2023) fladistctapp · cites it 2× “Analysis Section 736.0201(1), Florida Statutes (2022), provides that “judicial proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure.”
Saul Cimbler, etc. v. Rebecca Greemberg, etc. (2024) fladistctapp · cites it 2× “See § 736.0201(4)(e), Fla. Stat. (“A judicial proceeding involving a trust may relate to the validity, administration, or distribution of a trust, including proceedings to .”
Lisa Johnson, individually and as beneficiary of the Harold Marcus Trust Agreement, etc. v. David Marcus (2024) fladistctapp · cites it 2× “§ 736.0201(1), Fla. Stat. (2023) (“Except as provided in subsections (5), (6), and (7) and s.”
Show all 18 citing cases →
— 736.0201(1) — 8 cases
Baden v. Baden (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
Doe v. SUNTRUST BANK (2010) fladistctapp “See § 736.0201(1), Fla. Stat. (2007). Rule 1.”
Covenant Trust Co. v. Guardianship of Ihrman (2010) fladistctapp “Section 736.0201(1), Florida Statutes (2009), provides that trust proceedings *502 “shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure.”
Kathleen G. Kozinski, etc. v. Amy Stabenow and Nora Faul (2014) fladistctapp “See §§ 736.0201(1), 736.02025, Fla. Stat. (2014).”
Baden v. Baden (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
— 736.0201(2) — 1 case
Roger v. Cooper Technica, Inc. (2020) ilnd
— 736.0201(3) — 3 cases
Baden v. Baden (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
Baden v. Baden (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
H. RAY BADEN v. STEVEN CHRISTOPHER BADEN (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
— 736.0201(4) — 3 cases
Baden v. Baden (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
H. RAY BADEN v. STEVEN CHRISTOPHER BADEN (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
Baden v. Baden (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
— 736.0201(4)(a) — 2 cases
WILLIAM GUNDLACH, III v. JON ERIK GUNDLACH (2022) fladistctapp “§ 736.0201(4)(a), (e)–(f), Fla. Stat. (2021).”
Roger v. Cooper Technica, Inc. (2020) ilnd
— 736.0201(4)(e) — 4 cases
Baden v. Baden (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
Saul Cimbler, etc. v. Rebecca Greemberg, etc. (2024) fladistctapp “See § 736.0201(4)(e), Fla. Stat. (“A judicial proceeding involving a trust may relate to the validity, administration, or distribution of a trust, including proceedings to .”
H. RAY BADEN v. STEVEN CHRISTOPHER BADEN (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
Baden v. Baden (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
— 736.0201(5) — 3 cases
Baden v. Baden (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
H. RAY BADEN v. STEVEN CHRISTOPHER BADEN (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
Baden v. Baden (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
— 736.0201(6) — 3 cases
Baden v. Baden (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
H. RAY BADEN v. STEVEN CHRISTOPHER BADEN (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
Baden v. Baden (2018) fladistctapp “Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related…”
— 736.0201(6)(a) — 1 case
Luke Johnson, as Trustee of the Doris Linda Trapnell Living Trust Dated October 15, 2013 v. Jessica Wolter, as Benificia (2025) fladistctapp
— 736.0201(7) — 2 cases
In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report (2021) fla “§ 736.0201(7), Fla. Stat. Role of court in trust proceedings.”
In Re: Amendments to Florida Probate Rules (2024) fla
— 736.0201(i) — 1 case
Rene v. Sykes-Kennedy (2015) fladistctapp
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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