Florida Statutes
Fla. Stat. § 736.0401 (2025)
Methods of creating trust.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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736.0401 Methods of creating trust.—A trust may be created by:
(1) Transfer of property to another person as trustee during the settlor’s lifetime or by will or other disposition taking effect on the settlor’s death;
(2) Declaration by the owner of property that the owner holds identifiable property as trustee; or
(3) Exercise of a power of appointment in favor of a trustee.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2021–2022 · leading case: Richardson v. Douglass (Bankr. S.D. Florida 2021).
Richardson v. Douglass (Bankr. S.D. Florida 2021). “3 See Fla. Stat. §§ 736.0401 & 736.0402; see, e.”
J. Scott Lanford, Tr. of the Kirk Fam. Found. Vs Robin Phemister, Pers. Rep. of the Est. of Mary L. Dillard & as Tr. of the Testamentary Trust of Mary L. Dillard (Fla. 5th DCA 2022). “; see also § 736.0401(1), Fla. Stat. (2016). Therefore, a testamentary trust is created if the property owner only intends to transfer the property to a trust after death.”
— 736.0401(1) — 1 case
J. Scott Lanford, Tr. of the Kirk Fam. Found. Vs Robin Phemister, Pers. Rep. of the Est. of Mary L. Dillard & as Tr. of the Testamentary Trust of Mary L. Dillard (Fla. 5th DCA 2022). “; see also § 736.0401(1), Fla. Stat. (2016). Therefore, a testamentary trust is created if the property owner only intends to transfer the property to a trust after death.”
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