Florida Statutes
Fla. Stat. § 736.0202 (2025)
Jurisdiction over trustee and beneficiary.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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736.0202 Jurisdiction over trustee and beneficiary.—
(1) IN REM JURISDICTION.—Any beneficiary of a trust having its principal place of administration in this state is subject to the jurisdiction of the courts of this state to the extent of the beneficiary’s interest in the trust.
(2) PERSONAL JURISDICTION.—
(a) Any trustee, trust beneficiary, or other person, whether or not a citizen or resident of this state, who personally or through an agent does any of the following acts related to a trust, submits to the jurisdiction of the courts of this state involving that trust:
1. Accepts trusteeship of a trust having its principal place of administration in this state at the time of acceptance.
2. Moves the principal place of administration of a trust to this state.
3. Serves as trustee of a trust created by a settlor who was a resident of this state at the time of creation of the trust or serves as trustee of a trust having its principal place of administration in this state.
4. Accepts or exercises a delegation of powers or duties from the trustee of a trust having its principal place of administration in this state.
5. Commits a breach of trust in this state, or commits a breach of trust with respect to a trust having its principal place of administration in this state at the time of the breach.
6. Accepts compensation from a trust having its principal place of administration in this state.
7. Performs any act or service for a trust having its principal place of administration in this state.
8. Accepts a distribution from a trust having its principal place of administration in this state with respect to any matter involving the distribution.
(b) A court of this state may exercise personal jurisdiction over a trustee, trust beneficiary, or other person, whether found within or outside the state, to the maximum extent permitted by the State Constitution or the Federal Constitution.
Notes of Decisions
Cited in 7
cases (4 in the last 5 years), 2012–2026 · leading case: Newman v. William L. Gunlicks Irrevocable Trust, 897 F. Supp. 2d 1270 (M.D. Fla. 2012).
Newman v. William L. Gunlicks Irrevocable Trust, 897 F. Supp. 2d 1270 (M.D. Fla. 2012). “In addition, the Court notes that at oral argument the counsel for the Receiver argued that personal jurisdiction was appropriate pursuant to Fla. Stat. § 736.0202 . This statute provides in relevant part that “[b]y accepting a distribution from [ ] a trust, the recipient…”
Burgauer v. Premier Trust, Inc. (M.D. Fla. 2024). “Fla. Stat. § 736.0202 ; (Docs. 1-1 at ¶ 8; 23 at 3–4).”
McEwen v. Strickland (M.D. Fla. 2020). “Aside from the principal place of business, Everett does not seriously challenge that Fla. Stat. § 736.0202 extends jurisdiction to this case.”
Brian Giller v. Anita Grossman, Etc. (Fla. 3d DCA 2021). “201(1)(a) [now § 736.0202, Fla. Stat.] unequivocally confers upon this Court the discretion and authority to remove a trustee where appropriate.”
David Miller, as Co-Tr., etc. v. Leah Marissa Moore (Fla. 4th DCA 2024). “In that event, the trial court should conduct further proceedings to determine whether a basis for long-arm jurisdiction exists against Miller in his individual capacity, and whether Miller has sufficient contacts with Florida to comport with due process.”
Mc Trust v. Cohen De Mishaan, 273 So. 3d 1065 (Fla. 3d DCA 2019). “After an evidentiary hearing, the trial court determined that it did not have personal jurisdiction over Solita because she is not a resident of Florida and because Steven failed to meet his burden of establishing that she had the requisite minimum contacts with the State of…”
Dunham Trust Co. v. Ruth Surrey (Fla. 4th DCA 2026). “DTC conceded that the complaint sufficiently alleged a basis for jurisdiction under section 736.0202(2)(a)3., Florida Statutes (2024), because Mildred was a Florida resident when the trust was created.”
— 736.0202(2) — 1 case
Mc Trust v. Cohen De Mishaan, 273 So. 3d 1065 (Fla. 3d DCA 2019). “After an evidentiary hearing, the trial court determined that it did not have personal jurisdiction over Solita because she is not a resident of Florida and because Steven failed to meet his burden of establishing that she had the requisite minimum contacts with the State of…”
— 736.0202(2)(a) — 2 cases
Burgauer v. Premier Trust, Inc. (M.D. Fla. 2024). “Fla. Stat. § 736.0202 ; (Docs. 1-1 at ¶ 8; 23 at 3–4).”
Dunham Trust Co. v. Ruth Surrey (Fla. 4th DCA 2026). “DTC conceded that the complaint sufficiently alleged a basis for jurisdiction under section 736.0202(2)(a)3., Florida Statutes (2024), because Mildred was a Florida resident when the trust was created.”
— 736.0202(2)(b) — 1 case
McEwen v. Strickland (M.D. Fla. 2020). “Aside from the principal place of business, Everett does not seriously challenge that Fla. Stat. § 736.0202 extends jurisdiction to this case.”
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