Not taking new clients until late October 2026Mon–Fri 8a–6p67 FL counties
Florida Bar member · 9 years
probate.helpEST · SARASOTA · FLprobate.helpEST · SARASOTA · FL
Office line · current clients
941 · 352 · 1006
Text usJoin the waitlist
← All statutes
Chapter 736 — The Florida Trust Code

Florida Statute 736.0201

“Role of court in trust proceedings”

What it means

Section 736.0201 sets how courts handle trusts. Judicial proceedings concerning trusts are commenced by filing a complaint and are governed by the Florida Rules of Civil Procedure, except as provided in subsections (5), (6), and (7) and s. 736.0206. The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.

A trust is not subject to continuing judicial supervision unless the court orders it. A proceeding may relate to the validity, administration, or distribution of a trust, including proceedings to determine validity, appoint or remove a trustee, review trustees' fees, settle accounts, ascertain beneficiaries, construe the instrument, instruct trustees, or obtain a declaration of rights.

A proceeding to construe a testamentary trust may be filed in the testator's probate case under the Florida Probate Rules. A proceeding to determine the homestead status of real property owned by a trust may be filed in the settlor's probate case if the settlor was treated as the owner of the trust interest under § 732.4015.

— What it says
  • Trust proceedings are commenced by complaint under the Florida Rules of Civil Procedure, subject to the listed exceptions (§ 736.0201(1)).
  • A court may intervene only to the extent its jurisdiction is invoked by an interested person or as provided by law (§ 736.0201(2)).
  • A trust is not subject to continuing judicial supervision unless the court orders it (§ 736.0201(3)).
  • Proceedings may determine validity, appoint or remove a trustee, review fees, settle accounts, ascertain beneficiaries, construe the instrument, and declare rights (§ 736.0201(4)(a)-(g)).
  • A proceeding to construe a testamentary trust may be filed in the testator's probate case (§ 736.0201(5)).
  • A proceeding to decide the homestead status of trust-owned real property may be filed in the settlor's probate case if the settlor was treated as owner of the trust interest under § 732.4015 (§ 736.0201(7)).
  • Rule 1.525, Florida Rules of Civil Procedure, applies to trust proceedings, with two stated exceptions for trust-paid fees and cost allocation (§ 736.0201(6)).

Text of the statute (2026)

§ 736.0201(1)
Except as provided in subsections (5), (6), and (7) and s. 736.0206, judicial proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure.
§ 736.0201(2)
The 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.
§ 736.0201(3)
A trust is not subject to continuing judicial supervision unless ordered by the court.
§ 736.0201(4)
A judicial proceeding involving a trust may relate to the validity, administration, or distribution of a trust, including proceedings to: (a) Determine the validity of all or part of a trust; (b) Appoint or remove a trustee; (c) Review trustees’ fees; (d) Review and settle interim or final accounts; (e) Ascertain beneficiaries; determine any question arising in the administration or distribution of any trust, including questions of construction of trust instruments; instruct trustees; and determine the existence or nonexistence of any immunity, power, privilege, duty, or right; (f) Obtain a declaration of rights; or (g) Determine any other matters involving trustees and beneficiaries.
§ 736.0201(5)
A proceeding for the construction of a testamentary trust may be filed in the probate proceeding for the testator’s estate. The proceeding shall be governed by the Florida Probate Rules.
§ 736.0201(7)
A proceeding to determine the homestead status of real property owned by a trust may be filed in the probate proceeding for the settlor’s estate if the settlor was treated as the owner of the interest held in the trust under s. 732.4015. The proceeding shall be governed by the Florida Probate Rules.

Excerpts are the subsections the summary relies on. Read the full official text of § 736.0201.

History. s. 2, ch. 2006-217; s. 13, ch. 2011-183; s. 5, ch. 2021-183.

— In a Florida probate

How it applies

Because a trust is not under continuing judicial supervision, this section does not require a court filing for ordinary trust administration. A court becomes involved when someone files a proceeding, for example to remove a trustee, settle an accounting, or construe the instrument. That proceeding is a civil action started by complaint, except that a question about a testamentary trust may be raised in the testator's probate case, and a question about the homestead status of trust real property in the settlor's probate case, under the Florida Probate Rules.

Questions people ask

Does a trust go through probate court in Florida?
Not as a matter of course. § 736.0201(3) provides that a trust is not subject to continuing judicial supervision unless the court orders it. A court becomes involved when someone files a proceeding, such as one to remove a trustee, settle an accounting, or construe the trust.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 736.0201

Published by the Probate.Help editorial team.How these pages are written and checked.

Intake paused · reopens late October 2026

You're going to get through this.

Rachel is not accepting new clients until late October 2026. Every guide, calculator, county page, and statute page here stays free. Leave your details and we'll call when intake reopens — or, if your matter can't wait, The Florida Bar Lawyer Referral Service refers you to another Florida attorney taking cases now.

Florida Bar #127500RPPTL SectionSarasota Bar AssociationFL Assoc. Women Lawyers