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In Florida, is the administration of a Trust court supervised?

| Jan 31, 2014 | Probate |

In most instances, courts are not involved in the administration of a Trust.

As a general rule in Florida, unless the Trust instrument requires court supervision, the administration of a Trust is not court supervised. This is one of the benefits of having a Trust. Not having a court supervise the Trust administration usually allows for a smoother and less time-consuming process. In many instances, this also saves on the additional expense which is incurred when a court gets involved (as in the case of a probate). Avoiding court supervision also keeps Trust matters private rather than becoming part of the public record.

So when is a court involved in Trust administration in Florida? A court may intervene in the administration of a Trust to the extent the court’s jurisdiction is invoked by an interested person or as provided by law. In essence, this means that the court only gets involved with a Trust when an interested party, such as a beneficiary, brings a Trust issue before the court. In Florida, this is usually done by filing a petition raising a Trust related issue. A judicial proceeding involving a Trust may relate to the validity, administration, or distribution of the Trust.

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