Trusts Lawyers in Florida

The Florida Trust Code and Circuit Court Equity Jurisdiction

Trust creation, management, and litigation across Florida are regulated by the Florida Trust Code, codified in Chapter 736 of the Florida Statutes (Fla. Stat. § 736.0101 et seq.). Trusts serve as an essential cornerstone for wealth preservation in high-population regions such as Miami, Fort Lauderdale, West Palm Beach, Tampa, Orlando, and Naples. Contested trust actions, accounting disputes, and fiduciary removal proceedings fall under the equitable jurisdiction of the Probate and Chancery Divisions of the Florida Circuit Courts.

A critical statutory distinction under Florida law concerns the formal execution of revocable trusts. Pursuant to Fla. Stat. § 736.0403(2)(b), the testamentary aspects of a revocable trust-provisions controlling the disposition of trust property upon the settlor's death-are invalid unless the trust agreement is executed with the exact same formalities required for the execution of a will. The settlor must sign the trust agreement in the presence of two subscribing witnesses and a notary public. Failure to adhere strictly to these execution formalities renders post-death distributions legally unenforceable.

Beyond avoiding the expenses, public records disclosures, and administrative delays of Florida probate court administration, trusts provide robust tax-planning and asset-protection benefits. Florida has modern trust statutes that authorize Dynasty Trusts lasting up to 1,000 years for trusts created on or after December 31, 2022, under Fla. Stat. § 689.225. Retaining an attorney admitted to The Florida Bar ensures your trust maintains compliance with state laws and includes tailored spendthrift clauses under Fla. Stat. § 736.0502 to shield beneficiary distributions from creditors.

Florida Trusts Creation & Administration Fee Guide

Critical Legal Deadlines & Statutes in Florida

Trust disputes and administrative duties in Florida are controlled by statutory timetables. Following the settlor's death, the acting trustee must file a formal Notice of Trust with the clerk of the circuit court in the county where the settlor resided under Fla. Stat. § 736.05055. This notice alerts creditors and beneficiaries to the existence of the trust and its potential liability for estate claims.

Challenging the validity of a revocable trust is subject to a strict statutory contest window. Under Fla. Stat. § 736.0604, an action to contest the validity of a trust that was revocable at the settlor's death must be filed within the earlier of the time provided in Chapter 95 or six months after the trustee sends the person formal notice of the trust and a copy of the trust instrument. For beneficiaries seeking to hold a trustee liable for breach of fiduciary duty, Fla. Stat. § 736.1008 provides that a claim is barred six months after receipt of a trust accounting that contains an adequate disclosure limitation notice. Additionally, trustees must provide comprehensive annual accountings to all qualified beneficiaries under Fla. Stat. § 736.0813.

Small Claims Limitations and Trust Administration Realities

Florida Small Claims Courts operate under a strict jurisdictional limit of $8,000 pursuant to Florida Small Claims Rule 7.010. Small claims courts have no equitable authority to interpret trust documents, modify irrevocable trust agreements, or adjudicate breaches of fiduciary duties. All trust controversies belong exclusively within the Probate and Chancery Divisions of the Florida Circuit Court.

A widespread issue with self-prepared or online DIY trusts is the failure to properly fund the trust entity. Simply signing a trust agreement does not transfer real estate, bank accounts, or investments into the trust. If Florida real estate is not formally transferred via recorded deed, the property remains subject to formal circuit court probate. An experienced Florida trusts attorney oversees deed preparation, assists with account retitling, and ensures trustee actions adhere to statutory standards under Fla. Stat. § 736.0801.

Red Flags When Selecting a Florida Trusts Attorney

• Failure to Supervise Real Estate Deed Funding: A trust that is not funded with your assets fails its core objective; ensure your attorney drafts and records the deeds conveying real property into the trust.
• Overlooking Execution Formalities Under Fla. Stat. § 736.0403(2)(b): A revocable trust disposing of assets at death must be signed in the physical presence of two witnesses and a notary, or the testamentary provisions are invalid.
• Failure to Coordinate Florida Homestead Protections: Transferring Florida homestead real estate into an improperly drafted trust can jeopardize constitutional creditor protections and property tax valuation caps.
• Vague Administrative Fee Structures: Beware of law firms that charge percentage fees of total trust assets for administrative post-death distributions rather than clear hourly or agreed flat rates.

Frequently Asked Questions