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Florida Trust Administration and Litigation Deadlines & Timelines

Florida Trust Administration and Litigation Deadlines & Timelines

Download the Florida Trust Administration and Litigation Deadlines Guide

TYPE OF FILINGDEADLINESAUTHORITY
   
Notice of proposed transfer of principal place of administration60 days before initiating proposed transferF.S. 736.0108
Motion for Attorney’s Fees30 days after judgmentF.S. 736.0201; Fl. R. Civ. P. 1.525
Notice of TrustUpon death of a settlor of trust described in s. 733.707(3)F.S. 736.05055
Action contesting the validity of the trustProbably 4 years after trust becomes revocableor6 months after served with proper noticeF.S. 95.11(3); F.S. 95.031; F.S. 95.051; F.S. 736.0604
Notice of Resignation of TrusteeAt least 30 days prior to resignationF.S. 736.0705
Written request of eligible beneficiary to successor trustee to institute an action or file a claim against prior trusteeWithin 6 months after date of the successor trustee’s acceptance of the trust if notice received in writingF.S. 736.08125
Notice of acceptance of trustWithin 60 days of acceptanceF.S. 736.0813
Notice of trust’s existence, identity of settlor, right to copy of trust, right to accounting, application of fiduciary lawyer-client privilegeWithin 60 days after acquiring knowledge of creation of irrevocable trustF.S. 736.0813
Trust accountingAnnually (irrevocable trust)F.S. 736.0813
Action seeking contributionWithin 1 year of judgment for breach of trustF.S. 736.1002
Action for breach of trustProbably 4 years from breachor6 months after receipt of limitations notice or trust disclosure document, whichever is received laterandoutside bars on actions against trustees are 10 years to 40 years, with a possible 30 years added, depending on the beneficiary’s knowledge and whether trustee concealed factsF.S. 95.11(3); F.S. 95.031; F.S. 95.051; 736.1008(2); 736.1008(6)

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