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Fla. Stat. § 736.0206 (2025)

Proceedings for review of employment of agents and review of compensation of trustee and employees of trust.

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736.0206 Proceedings for review of employment of agents and review of compensation of trustee and employees of trust.—
(1) The court may review the propriety of the employment by a trustee of any person, including any attorney, auditor, investment adviser, or other specialized agent or assistant, and the reasonableness of any compensation paid to that person or to the trustee.
(2) If the settlor’s estate is being probated, and the settlor’s trust or the trustee of the settlor’s trust is a beneficiary under the settlor’s will, the trustee, any person employed by the trustee, or any interested person may have the propriety of employment and the reasonableness of the compensation of the trustee or any person employed by the trustee determined in the probate proceeding.
(3) The burden of proof of the propriety of the employment and the reasonableness of the compensation shall be on the trustee and the person employed by the trustee. Any person who is determined to have received excessive compensation from a trust for services rendered may be ordered to make appropriate refunds.
(4) Court proceedings to determine reasonable compensation of a trustee or any person employed by a trustee, if required, are a part of the trust administration process. The costs, including attorney’s fees, of the person assuming the burden of proof of propriety of the employment and reasonableness of the compensation shall be determined by the court and paid from the assets of the trust unless the court finds the compensation paid or requested to be substantially unreasonable. The court shall direct from which part of the trust assets the compensation shall be paid.
(5) The court may determine reasonable compensation for a trustee or any person employed by a trustee without receiving expert testimony. Any party may offer expert testimony after notice to interested persons. If expert testimony is offered, a reasonable expert witness fee may be awarded by the court and paid from the assets of the trust unless the court finds that the expert testimony did not assist the court. The court shall direct from which part of the trust assets the fee shall be paid.
(6) In a proceeding pursuant to subsection (2), the petitioner may serve formal notice as provided in the Florida Probate Rules, and such notice shall be sufficient for the court to acquire jurisdiction over the person receiving the notice to the extent of the person’s interest in the trust.
History.—s. 2, ch. 2006-217; s. 3, ch. 2010-122.
Notes of Decisions
Cited in 4 cases, 2014–2018 · leading case: Kathleen G. Kozinski, etc. v. Amy Stabenow & Nora Faul, 152 So. 3d 650 (Fla. 4th DCA 2014).
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Kathleen G. Kozinski, etc. v. Amy Stabenow & Nora Faul, 152 So. 3d 650 (Fla. 4th DCA 2014). · cites it 10× “§§ 736.0206, 733.6175, Fla. Stat. Both statutes provide that “[a]ny person who is determined to have received excessive compensation [from a trust or estate] for services rendered may be ordered to make appropriate refunds.”
Baden v. Baden, 260 So. 3d 1108 (Fla. 2d DCA 2018). · cites it 3× “Thus, the legislature has set forth in no uncertain terms that, absent the exceptions found in subsections (5) and (6) and section 736.0206, the judicial proceedings shall be bound by the Florida Rules of Civil Procedure.”
Baden v. Baden, 260 So. 3d 1108 (Fla. 2d DCA 2018). · cites it 3× “Thus, the legislature has set forth in no uncertain terms that, absent the exceptions found in subsections (5) and (6) and section 736.0206, the judicial proceedings shall be bound by the Florida Rules of Civil Procedure.”
H. Ray Baden v. Steven Christopher Baden (Fla. 2d DCA 2018). · cites it 2× “0201(5) and (6) and section 736.0206, are wholly irrelevant to what we have here.”
— 736.0206(1) — 1 case
Kathleen G. Kozinski, etc. v. Amy Stabenow & Nora Faul, 152 So. 3d 650 (Fla. 4th DCA 2014). “§§ 736.0206, 733.6175, Fla. Stat. Both statutes provide that “[a]ny person who is determined to have received excessive compensation [from a trust or estate] for services rendered may be ordered to make appropriate refunds.”
— 736.0206(2) — 1 case
Kathleen G. Kozinski, etc. v. Amy Stabenow & Nora Faul, 152 So. 3d 650 (Fla. 4th DCA 2014). “§§ 736.0206, 733.6175, Fla. Stat. Both statutes provide that “[a]ny person who is determined to have received excessive compensation [from a trust or estate] for services rendered may be ordered to make appropriate refunds.”
— 736.0206(6) — 1 case
Kathleen G. Kozinski, etc. v. Amy Stabenow & Nora Faul, 152 So. 3d 650 (Fla. 4th DCA 2014). “§§ 736.0206, 733.6175, Fla. Stat. Both statutes provide that “[a]ny person who is determined to have received excessive compensation [from a trust or estate] for services rendered may be ordered to make appropriate refunds.”
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