PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options. 

Lins Law Group, P.A.

Get Out Ahead Of Your Issue
— Call Us Today

813-280-0082

Planning. Preparation. And Acting With Purposeful Intent.

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

On Behalf of | 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.

Archives

FindLaw Network