Where to File a Trust Lawsuit in Florida

A Florida trust dispute usually belongs in circuit court. The Florida Trust Code gives the circuit court power over these cases. The harder question is which county to choose. That turns on where the trust is run and where the parties live. This guide walks through each step.

Which Florida Court Hears a Trust Dispute?

The circuit court hears trust disputes in Florida. Under Fla. Stat. § 736.0203, the circuit court has original jurisdiction in this state of all proceedings arising under the Florida Trust Code.

That covers most trust fights. A beneficiary asking for answers, a trustee seeking direction, or a relative questioning a trust can all end up in circuit court.

If the real fight is over a decedent’s estate, the case may belong on the probate side instead. Our trust litigation overview explains how the two areas differ.

How Does Venue Pick the County?

Venue is the county where the case is filed. Florida law lists three options for trust actions. Under § 736.0204, a case can be filed in any county where venue is proper under chapter 47. It can also be filed where the beneficiary suing or being sued lives or has its principal place of business, or where the trust has its principal place of administration.

The principal place of administration is the option people miss most. Unless the trust instrument validly names another place, it is the trustee’s usual place of business where trust records are kept. If the trustee has no place of business, it is the trustee’s residence, under § 736.0108(2).

Estates follow their own rule. Under § 733.101(1), probate venue lies in the county where the decedent was domiciled. If there was no Florida domicile, venue lies where the decedent’s property is located. So the trust county and the estate county can be different.

A case filed in the wrong county can be transferred.

We serve clients in Fort Lauderdale and Boca Raton. Trust Counsel’s only office is in Coral Gables.

Which Proceeding Fits Each Trust Problem?

Each trust problem calls for a different filing, so name the problem first. Most disputes involve a challenge to the trust, a claim that a trustee broke a duty, a demand for information, or a question about what the trust terms mean.

A challenge to a trust is a contest. The person contesting carries the burden. Under § 736.0207(1), the contestant must establish the grounds for invalidity.

Under § 736.0207, in an action to contest the validity or revocation of all or part of a trust, the contestant has the burden of establishing the grounds for invalidity. Under § 736.0207(2), a contest can’t start until the trust becomes irrevocable by its terms or by the settlor’s death, or, if the whole trust was revoked, until after the settlor’s death, though a guardian of the property of an incapacitated settlor may bring such an action.

Can my revocable trust be sued? In some cases, yes, at least for estate obligations. Under § 736.05053(1), a trustee of a trust described in § 733.707(3) must pay to the settlor’s personal representative any amounts that the personal representative certifies in writing are required to pay the expenses of administration and obligations of the settlor’s estate. Those payments must be made from assets, property, or the proceeds of assets or property that are included in the settlor’s gross estate for federal estate tax purposes, and may not be made from assets that § 733.707(3) excludes or from death benefits described in § 733.808(4), unless the trust agreement, declaration of trust, or will expressly refers to § 733.808(4) and directs that it does not apply.

How Does a Florida Trust Case Start?

A trust case often starts with a written request for information. If the trustee doesn’t respond, a court filing may follow. Under § 736.0813(1)(c) and (e), on reasonable request a trustee must give a qualified beneficiary a complete copy of the trust instrument. The trustee must also share relevant information about assets, liabilities and administration.

Notice matters too. For an irrevocable trust, § 736.0813(1)(d) requires a trust accounting at least annually, subject to the statute’s exceptions.

When a case is filed, the papers must be served. Where only in rem or quasi in rem relief is sought, § 736.02025(2) allows service by commercial delivery or by mail that requires a signed receipt. Service is complete when the addressee, or any person authorized to receive service of a summons on behalf of the addressee, signs the receipt.

Florida’s court system also explains mediation rules in its ADR Resource Handbook. This outline is general. The statute and the court rules set the exact filing and service steps.

Which Deadlines Can End a Trust Claim Early?

Several deadlines can bar a trust claim before a judge hears it. Some clocks start on the day you receive a document, not the day you file.

An action to contest the validity of a trust that was revocable at the settlor’s death is barred, if not commenced within the earlier of: (1) The time as provided in chapter 95; or (2) Six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding. § 736.0604 The first is the chapter 95 time. The second is six months after the trustee sends a copy of the trust instrument and a notice of the trust’s existence, the trustee’s name and address, and the time allowed.

For breach-of-trust claims over a matter that was adequately disclosed in a trust disclosure document, § 736.1008(2) bars the claim unless it is commenced within six months after the beneficiary receives the disclosure document or a limitation notice that applies to it, whichever is received later.

Claims against a decedent’s estate follow a separate track. Under § 733.710(1), two years after death, neither the estate, the personal representative, nor the beneficiaries are liable for claims against the decedent, with exceptions. Keep that two-year bar apart from trust contest timing.

The deadline for your trust depends on the facts, including the documents you received and the claim you want to bring. Acting early helps you track these dates.

Talk With a Trust Litigation Attorney About Your Filing Options

If a trustee has refused your request for accounts or information, a short conversation can help you pick the right court and county. Consider a common case. You asked for the trust papers and an accounting, and you received nothing or only a partial report. You may not know whether circuit court fits, which county applies, or whether a deadline is already running.

Leslie V. Marenco is the responsible lawyer for this page. The firm advises and represents trustees, personal representatives and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative. A matter may be referred to another lawyer or law firm, and the firm will say so if it refers yours.

Call (305) 707-7126 or schedule online for a free first consultation, confidential and with no obligation to continue.