Florida Statute 736.1109 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

View Entire Chapter

736.1109 Testamentary and revocable trusts; homestead protections.—

(1) If a devise of homestead under a trust violates the limitations on the devise of homestead in s. 4(c), Art. X of the State Constitution, title shall pass as provided in s. 732.401 at the moment of death.

(2) A power of sale or general direction to pay debts, expenses, and claims within the trust instrument does not subject an interest in the protected homestead to the claims of decedent’s creditors, expenses of administration, and obligations of the decedent’s estate as provided in s. 736.05053.

(3) If a trust directs the sale of property that would otherwise qualify as protected homestead, and the property is not subject to the constitutional limitations on the devise of homestead under the State Constitution, title shall remain vested in the trustee and subject to the provisions of the trust.

(4) This section applies only to trusts described in s. 733.707(3) and to testamentary trusts.

(5) This section is intended to clarify existing law and applies to the administration of trusts and estates of decedents who die before, on, or after July 1, 2021.

History.—s. 12, ch. 2021-183.

F.S. 736.1109 on Google Scholar

F.S. 736.1109 on CourtListener

Amendments to 736.1109

Annotations, Discussions, Cases:

Cases Citing Statute 736.1109

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

Copy

In Re: Amendments to the Florida Prob. Rules - 2021 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

...added to require that a petition filed pursuant to rule 5.405 state “how the real property was owned at the time of the decedent’s -3- death.” See ch. 2021-183, §§ 5, 12, Laws of Fla. (enacting §§ 736.0201(7) and 736.1109, Fla....

...Possession of estate. § 733.608, Fla. Stat. General power of the personal representative. § 733.707(3), Fla. Stat. Order of payment of expenses and obligations. § 736.0201(7), Fla. Stat. Role of court in trust proceedings. § 736.1109, Fla....

Copy

Jonathan Stirberg & Jessica Stirberg v. Henry H. Fein, in His Capacity of Successor Co-Tr. of the Nat Stirberg Revocable Residence Trust (Fla. 4th DCA 2023).

Published | Florida 4th District Court of Appeal

...Homestead property rights vest immediately upon the death of a testator or settlor. See Aronson v. Aronson, 81 So. 3d 515, 519 (Fla. 3d DCA 2012) (“At the moment of Hillard’s death, his homestead property passed outside of probate.” (citations omitted)); § 736.1109(1), Fla....

Copy

In Re: Amendments to Florida Prob. Rules (Fla. 2024).

Published | Supreme Court of Florida

Copy

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).

Published | Florida 5th District Court of Appeal

...See § 733.608(1)(c). Similarly, a general directive in a testamentary trust instrument—such as Decedent’s will—to pay “debts, claims, or expenses” does not subject protected homestead to estate obligations or administrative estate expenses. See § 736.1109(2), (4), Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.