Florida Trust Administration and Litigation Deadlines & Timelines
Download the Florida Trust Administration and Litigation Deadlines Guide
TYPE OF FILING | DEADLINES | AUTHORITY |
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Notice of proposed transfer of principal place of administration | 60 days before initiating proposed transfer | F.S. 736.0108 |
Motion for Attorney’s Fees | 30 days after judgment | F.S. 736.0201; Fl. R. Civ. P. 1.525 |
Notice of Trust | Upon death of a settlor of trust described in s. 733.707(3) | F.S. 736.05055 |
Action contesting the validity of the trust | Probably 4 years after trust becomes revocableor6 months after served with proper notice | F.S. 95.11(3); F.S. 95.031; F.S. 95.051; F.S. 736.0604 |
Notice of Resignation of Trustee | At least 30 days prior to resignation | F.S. 736.0705 |
Written request of eligible beneficiary to successor trustee to institute an action or file a claim against prior trustee | Within 6 months after date of the successor trustee’s acceptance of the trust if notice received in writing | F.S. 736.08125 |
Notice of acceptance of trust | Within 60 days of acceptance | F.S. 736.0813 |
Notice of trust’s existence, identity of settlor, right to copy of trust, right to accounting, application of fiduciary lawyer-client privilege | Within 60 days after acquiring knowledge of creation of irrevocable trust | F.S. 736.0813 |
Trust accounting | Annually (irrevocable trust) | F.S. 736.0813 |
Action seeking contribution | Within 1 year of judgment for breach of trust | F.S. 736.1002 |
Action for breach of trust | Probably 4 years from breachor6 months after receipt of limitations notice or trust disclosure document, whichever is received later and outside 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 facts | F.S. 95.11(3); F.S. 95.031; F.S. 95.051; 736.1008(2); 736.1008(6) |
Download the Florida Trust Administration and Litigation Deadlines Guide