Florida § 736.1109 Testamentary and revocable trusts; homestead protections

Florida Statutes

§ 736.1109 — Testamentary and revocable trusts; homestead protections

Florida § 736.1109

TitleXLII

Ch. 736FLORIDA TRUST CODE

This text of Florida § 736.1109 (Testamentary and revocable trusts; homestead protections) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fla. Stat. § 736.1109 (2026).

Text

(1)If a devise of homestead under a trust violates the limitations on the devise of homestead in s. 4(c), Art. X of the State Constitution, title shall pass as provided in s. 732.401 at the moment of death.

(2)A power of sale or general direction to pay debts, expenses, and claims within the trust instrument does not subject an interest in the protected homestead to the claims of decedent’s creditors, expenses of administration, and obligations of the decedent’s estate as provided in s. 736.05053.

(3)If a trust directs the sale of property that would otherwise qualify as protected homestead, and the property is not subject to the constitutional limitations on the devise of homestead under the State Constitution, title shall remain vested in the trustee and subject to the provisions of

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(1) If a devise of homestead under a trust violates the limitations on the devise of homestead in s. 4(c), Art. X of the State Constitution, title shall pass as provided in s. 732.401 at the moment of death.

(2) A power of sale or general direction to pay debts, expenses, and claims within the trust instrument does not subject an interest in the protected homestead to the claims of decedent’s creditors, expenses of administration, and obligations of the decedent’s estate as provided in s. 736.05053.

(3) If a trust directs the sale of property that would otherwise qualify as protected homestead, and the property is not subject to the constitutional limitations on the devise of homestead under the State Constitution, title shall remain vested in the trustee and subject to the provisions of the trust.

(4) This section applies only to trusts described in s. 733.707(3) and to testamentary trusts.

(5) This section is intended to clarify existing law and applies to the administration of trusts and estates of decedents who die before, on, or after July 1, 2021.