Florida Statute 736.0202 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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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.

History.—s. 2, ch. 2006-217; s. 10, ch. 2013-172.

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Amendments to 736.0202

Annotations, Discussions, Cases:

Cases Citing Statute 736.0202

Total Results: 4 | Sort by: Relevance | Newest First

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Newman v. William L. Gunlicks Irrevocable Trust, 897 F. Supp. 2d 1270 (M.D. Fla. 2012).

Cited 1 times | Published | District Court, M.D. Florida | 2012 WL 4369602, 2012 U.S. Dist. LEXIS 136962

...neficiaries of their respective trusts. This is separate and apart from their role as investors. 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 ....

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Brian Giller v. Anita Grossman, Etc. (Fla. 3d DCA 2021).

Published | Florida 3rd District Court of Appeal

...Stats.; McCormick v. Cox, 118 So. 3d 980, 988 (Fla. 3d DCA 2013) (“The court's power to remove a trustee and to appoint a special trustee is well settled.”); Aiello v. Hyland, 793 So. 2d 1150, 1151 (Fla. 4th DCA 2001) (“Section 737.201(1)(a) [now § 736.0202, Fla....

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David Miller, as Co-Tr., etc. v. Leah Marissa Moore (Fla. 4th DCA 2024).

Published | Florida 4th District Court of Appeal

...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. See § 736.0202, Fla....

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Mc Trust v. Cohen De Mishaan, 273 So. 3d 1065 (Fla. 3d DCA 2019).

Published | Florida 3rd District Court of Appeal

...the requisite minimum contacts with the State of Florida or that the alleged actionable tort was committed in Florida. Upon our review of the evidentiary hearing transcript and the record on appeal, we agree. See § 48.193(2), Fla. Stat. (2017); § 736.0202(2), Fla....

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