Florida Statutes

Fla. Stat. § 736.1109 (2025)

Testamentary and revocable trusts; homestead protections.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 3 cases (3 in the last 5 years), 2021–2024 · leading case: In Re: Amendments to the Florida Prob. Rules - 2021 Fast-Track Report (Fla. 2021).

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In Re: Amendments to the Florida Prob. Rules - 2021 Fast-Track Report (Fla. 2021). · cites it 2× “§ 736.1109, Fla. Stat. Testamentary and revocable trusts; homestead protections.”

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). · cites it 2× “” (citations omitted)); § 736.1109(1), Fla. Stat. (2022) (“If a devise of homestead under a trust violates the limitations on the devise of homestead in s.”

In Re: Amendments to Florida Prob. Rules (Fla. 2024). · cites it 2× “§ 736.1109, Fla. Stat. Testamentary and revocable trusts; homestead protections.”

— 736.1109(1) — 1 case

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). “” (citations omitted)); § 736.1109(1), Fla. Stat. (2022) (“If a devise of homestead under a trust violates the limitations on the devise of homestead in s.”

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