Chapter 736 — The Florida Trust Code

Florida Statute 736.1004

“Attorney’s fees and costs”

What it means

In two kinds of trust cases the court shall award taxable costs as in chancery actions, including attorney fees and guardian ad litem fees: (a) all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee's powers, and (b) proceedings arising under ss. 736.0410-736.0417 (§ 736.1004(1)).

The text does not say which party receives or owes the award. Subsection (2) addresses collection: the court, in its discretion, may direct payment from a party's interest in the trust, enter a judgment that may be satisfied from other property of the party, or both (§ 736.1004(2)).

— What it says

Applies to all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee's powers (§ 736.1004(1)(a)).
Also applies to proceedings arising under ss. 736.0410-736.0417 (§ 736.1004(1)(b)).
The court shall award taxable costs as in chancery actions, including attorney fees and guardian ad litem fees (§ 736.1004(1)).
The court, in its discretion, may direct payment from a party's interest in the trust (§ 736.1004(2)).
The court may instead, or also, enter a judgment satisfied from the party's other property (§ 736.1004(2)).

Text of the statute (2026)

§ 736.1004(1)

(1)(a) In all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers; and (b) In proceedings arising under ss. 736.0410-736.0417, the court shall award taxable costs as in chancery actions, including attorney fees and guardian ad litem fees.

§ 736.1004(2)

(2) When awarding taxable costs under this section, including attorney fees and guardian ad litem fees, the court, in its discretion, may direct payment from a party’s interest, if any, in the trust or enter a judgment that may be satisfied from other property of the party, or both.

Excerpts are the subsections the summary relies on. Read the full official text of § 736.1004.

History. s. 10, ch. 2006-217.

— In a Florida probate

How it applies

Section 736.1004 applies by subject matter: a claim that a trustee breached a fiduciary duty, a challenge to how a trustee used or failed to use a power, or a proceeding under ss. 736.0410-736.0417. In those cases, taxable costs, attorney fees, and guardian ad litem fees are part of what the court awards. Subsection (2) lists the collection options: a charge against the paying party's share of the trust, a judgment against the party's other property, or both. A party with no interest in the trust can be reached only by judgment.

Where this shows up

Pages on this site where § 736.1004 does real work:

Related sections

§ 736.1001Remedies for breach of trust § 736.1002Damages for breach of trust § 733.106Costs and attorney fees § 733.6171Compensation of attorney for the personal representative § 736.04113Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose

Questions people ask

Who pays attorney fees in Florida trust litigation?

Florida Statute 736.1004 requires the court to award taxable costs as in chancery actions, including attorney fees, in breach of fiduciary duty actions and in proceedings under ss. 736.0410-736.0417. The court may direct payment from a party's interest in the trust, enter a judgment against the party's other property, or both.

Can attorney fees be taken from a beneficiary's share of a Florida trust?

Yes. Under section 736.1004(2), the court in its discretion may direct payment of taxable costs, including attorney fees, from a party's interest in the trust.

Sources

Fla. Stat. § 736.1004, 2026 Florida Statutes (The Florida Senate) (Official text of the section. "the court shall award taxable costs as in chancery actions, including attorney fees and guardian ad litem fees.")

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 § 736.1004

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