Which Court Handles Trust Disputes in Florida?

The Short Answer: Florida Circuit Court

Most Florida trust disputes are heard in the circuit court, the trial court with general authority over these cases. Many circuit courts assign trust matters to a probate division. Fla. Stat. § 736.0203 says the circuit court has original jurisdiction over all proceedings arising under the Florida Trust Code.

Which county and which division apply depends on the facts. This page walks through each layer. It was written by Leslie V. Marenco, the responsible lawyer for Trust Counsel, PL, whose only office is in Coral Gables, Florida.

Why Florida Circuit Courts Hear Trust Disputes

Circuit courts hear trust disputes because the Florida Trust Code, Chapter 736 of the Florida Statutes, places them there. The code governs how trusts are run and when a court gets involved. Under Fla. Stat. § 736.0201, a court may step in when an interested person asks it to, or as the law provides. A trust isn’t under ongoing court supervision unless a judge orders it.

A trust case starts the way most civil suits do. Under s. 736.0206, the court may review the propriety of a trustee’s employment of any person and the reasonableness of compensation paid; the general rule that trust proceedings are commenced by filing a complaint under the Florida Rules of Civil Procedure is in s. 736.0201.

Most disputes that reach court involve a few common problems. A beneficiary may want a trustee removed. Another may demand an accounting. Someone may question whether the trust is valid at all. A serious breach of trust is one ground for removal (Fla. Stat. § 736.0706). To remedy a breach of trust that has occurred or may occur, a court can also order a trustee to pay money back or restore property (Fla. Stat. § 736.1001).

The Probate Division Within Circuit Court

Many circuit courts place probate matters, and often trust disputes, in a probate division. Assignment practice varies by county. The same kind of case may land in different divisions across Florida. Probate divisions also hear estate administration, guardianship and related petitions. A trust matter can sit right next to an estate file.

Some counties route trust-only disputes to a civil division. Others keep them with estate files. The clerk of court can show how your county assigns these cases.

Florida law also links some trust questions to the probate case. Under Fla. Stat. § 736.0201, a proceeding to construe a testamentary trust may be filed in the probate proceeding for the testator’s estate. That proceeding follows the Florida Probate Rules. The trust question and the estate question can end up in one file.

Choosing the Right County and Venue

Venue asks which county may hear the case. The trust statute gives several options. A case may be filed in any county where venue is proper under chapter 47. It may also be filed where the suing or sued beneficiary lives or has its principal place of business. Or it may be filed in the county where the trust has its principal place of administration (Fla. Stat. § 736.0204).

The principal place of administration is often the key. Unless the trust names one, it’s the trustee’s usual place of business where trust records are kept. If the trustee has no business location, it’s the trustee’s residence (Fla. Stat. § 736.0108). Keep that question in mind when you think about where to file.

A common mistake is assuming the county where a parent lived is automatically the right one. Venue for a trust case looks at where the trust is run and where the parties live. Venue for a will is in the Florida county where the decedent was domiciled; if the decedent had no Florida domicile, venue is in any county where the decedent’s property is located, and if the decedent had no Florida domicile and no Florida property, in the county where any debtor of the decedent resides (Fla. Stat. § 733.101).

Our only office is in Coral Gables, Florida. We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne, and Aventura. The right county depends on where the trust is administered and who the parties are.

When Estate and Guardianship Matters Land in the Same Court

A trust dispute often arrives with an estate case, a guardianship, or a claim against a personal representative. These matters can proceed in the same circuit court, though usually in separate case files. A personal representative, often called an executor, handles a probate estate. A trustee manages the assets held in a trust.

Which role is challenged shapes which rules and which filing route apply. A guardianship asks a court to make decisions for a person who can no longer make them. That is a different question from a trustee’s duty to account.

Keep every case number in one place. A petition for removal in an estate must be filed in the court that has jurisdiction over the administration (Fla. Stat. § 733.505). A missed link between two files can waste time.

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries.

When Federal Court May Be Involved

Questions about whether a state or federal court has jurisdiction should be reviewed before anything is filed, because a case filed in the wrong court can lose time. Raise the federal question early, while the documents are still being gathered.

Information to Gather Before Deciding Where to File

Collect the trust document and every amendment. Get the will if there is one. Gather account statements and letters or emails with the trustee. The trust instrument shows who the trustee is, what powers the trustee has, and how the trust must be run.

Dates matter. A challenge to a revocable trust cannot start until the trust becomes irrevocable by its terms or by the settlor’s death; if the whole trust has been revoked, a challenge to the revocation waits until after the settlor’s death. A guardian of the property of an incapacitated settlor may still bring such an action (Fla. Stat. § 736.0207). Write down when the trust became irrevocable and when the trustee’s conduct occurred.

In a contest, the person who challenges the trust carries the burden. That person must establish the grounds for invalidity (Fla. Stat. § 736.0207). Good records make that burden easier to meet.

Accounting records matter too. A trust accounting must show all significant transactions, including compensation paid to the trustee (Fla. Stat. § 736.08135). Save every statement you receive.

The clerk of court in the relevant county can confirm the case type, filing fees, and division assignment. Those details vary by county, so confirm them locally.

Talk With Trust Counsel About Your Situation

You may be reading this because a trust was handed to you. Maybe a trustee’s accounting doesn’t add up. Maybe a parent’s decline has raised the question of who should act. Those situations are stressful, and the court question can feel like one more hurdle.

If you’re trying to work out which court fits your facts, call (305) 707-7126 or schedule online. The first consultation is free, confidential, and carries no obligation to continue (consulta inicial gratuita, confidencial y sin compromiso).

Frequently Asked Questions

Trust disputes in Miami-Dade and Broward counties