Substitution of Trustee in Florida
FL substitution of trustee (Chapter 736): replaces current trustee. Methods: per trust document, resignation (Section 736.0705: notice to beneficiaries), removal (Section 736.0706: breach, unfitness, hostility), and death/incapacity. Successor: named in trust, beneficiary agreement (Section 736.0704(3)), or court appointment (736.0704(4)). Outgoing: final accounting (Section 736.0813), deliver assets, cooperate, file returns. Remains liable for tenure breaches.
Methods
- Per trust document
- Resignation (Section 736.0705)
- Removal (Section 736.0706)
Successor Appointment
- Named in trust (most common)
- Beneficiary agreement
- Court appointment
Outgoing Duties
- Final accounting (Section 736.0813)
- Deliver assets and records
- Liable for tenure breaches
Related Terms
- Trust — Estate planning
Barnes Walker Estate Planning
Barnes Walker’s attorneys handle trustee substitution in Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 736 (Florida Trust Code)
The Florida Trust Code governs the creation, modification, and administration of trusts, including trustee duties, beneficiary rights, and trust termination.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC