Florida Trust Administration and Litigation Deadlines and Timelines

Author: Jeffrey Skatoff
Date: May 18, 2024

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.

TYPE OF FILING	DEADLINES	AUTHORITY

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)

What is the deadline for notifying beneficiaries of a trust in Florida?

In Florida, trustees must notify beneficiaries within 60 days of their acceptance of the trustee role or after becoming aware of the trusts existence.

Are there specific deadlines for filing a trust in probate court in Florida?

While trusts do not typically need to be filed in probate court, if a trust becomes part of a probate estate, any related filings must adhere to standard probate deadlinesâusually within 10 days of death.

How long does a trustee have to provide an accounting to beneficiaries?

A trustee should provide an accounting to beneficiaries at least annually or upon termination of the trust. However, reasonable timelines may vary based on the terms set forth in the trust document.

What is the statute of limitations for contesting a trust in Florida?

The statute of limitations for contesting a trust in Florida is generally 90 days from when the interested party receives actual notice of the trustees actions or decisions regarding the trust.

When must tax returns be filed for irrevocable trusts in Florida?

Irrevocable trusts must file Form 1041 (U.S. Income Tax Return for Estates and Trusts) by April 15th following the close of its tax year; extensions can be requested but are only temporary.

Originally Published: May 18, 2024
Last Modified: May 18, 2024