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Chapter 736 — The Florida Trust Code

Florida Statute 736.0704

“Vacancy in trusteeship; appointment of successor.”

What it means

A vacancy in a trusteeship occurs if a person designated as trustee declines the trusteeship or cannot be identified or does not exist, or if a trustee resigns, is disqualified or removed, dies, or is adjudicated incapacitated (subsection (1)). If one or more cotrustees remain in office, the vacancy need not be filled; if the trust has no remaining trustee, it must be filled (subsection (2)).

For a noncharitable trust, a vacancy that must be filled is filled in this order: a person named or designated in the trust as successor; a person appointed by unanimous agreement of the qualified beneficiaries; a person appointed by the court (subsection (3)). For a charitable trust, the second step is a person selected by unanimous agreement of the charitable organizations expressly designated to receive distributions (subsection (4)). The court may appoint an additional trustee or special fiduciary whenever it considers the appointment necessary for administration, whether or not a vacancy exists (subsection (5)).

— What it says
  • A vacancy occurs on declination, a designee who cannot be identified or does not exist, resignation, disqualification or removal, death, or adjudicated incapacity. (§ 736.0704(1))
  • If a cotrustee remains in office, a vacancy need not be filled; with no remaining trustee, it must be filled. (§ 736.0704(2))
  • Noncharitable trust priority: trust-designated successor, then unanimous agreement of the qualified beneficiaries, then the court. (§ 736.0704(3))
  • Charitable trust priority: trust-designated successor, then unanimous agreement of the designated charitable organizations, then the court. (§ 736.0704(4))
  • The court may appoint an additional trustee or special fiduciary whenever necessary for administration, with or without a vacancy. (§ 736.0704(5))

Text of the statute (2026)

§ 736.0704(1)
(1) A vacancy in a trusteeship occurs if: (a) A person designated as trustee declines the trusteeship; (b) A person designated as trustee cannot be identified or does not exist; (c) A trustee resigns; (d) A trustee is disqualified or removed; (e) A trustee dies; or (f) A trustee is adjudicated to be incapacitated.
§ 736.0704(2)
(2) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.
§ 736.0704(3)
(3) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority: (a) By a person named or designated pursuant to the terms of the trust to act as successor trustee. (b) By a person appointed by unanimous agreement of the qualified beneficiaries. (c) By a person appointed by the court.
§ 736.0704(5)
(5) The court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust, whether or not a vacancy in a trusteeship exists or is required to be filled.

Excerpts are the subsections the summary relies on. Read the full official text of § 736.0704.

History. s. 7, ch. 2006-217.

— In a Florida probate

How it applies

A vacancy must be filled only when no trustee remains. The statutory order then applies: first the successor named or designated in the trust, then a person the qualified beneficiaries appoint by unanimous agreement, then a court appointment. Because the second step requires unanimity, disagreement among qualified beneficiaries leads to the third step. The court's authority to appoint an additional trustee or special fiduciary under subsection (5) does not depend on a vacancy.

Where this shows up

Pages on this site where § 736.0704 does real work:

Questions people ask

Who becomes successor trustee in Florida if the trust does not name one?
For a noncharitable trust whose vacancy must be filled, § 736.0704(3) gives priority to a person named or designated in the trust, then a person appointed by unanimous agreement of the qualified beneficiaries, then a person appointed by the court. If a cotrustee remains in office, subsection (2) says the vacancy need not be filled.

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 § 736.0704

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

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