Florida Probate, Trust & Guardianship Litigation

Florida Trust Administration and Litigation Deadlines and Timelines

Florida trust administration and litigation has deadlines that are essential to meet, whether one is the trustee or a beneficiary.  A trustee’s failure to meet some of these deadlines can give rise to a breach claim.  A beneficiary’s failure to meet some of the deadlines can result in the loss of significant rights.

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 revocable or 6 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 breach or 6 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)


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