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) |