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The Florida Senate

2005 Florida Statutes

Section 737.308, Florida Statutes 2005

737.308  Notice of trust.--

(1)  Upon the death of a grantor of a trust described in s. 733.707(3), the trustee must file a notice of trust with the court of the county of the grantor's domicile and the court having jurisdiction of the grantor's estate.

(2)  The notice of trust must contain the name of the grantor, the grantor's date of death, the title of the trust, if any, the date of the trust, and the name and address of the trustee.

(3)  If the grantor's probate proceeding has been commenced, the clerk must notify the trustee in writing of the date of the commencement of the probate proceeding and the file number.

(4)  The clerk shall file and index the notice of trust in the same manner as a caveat, unless there exists a probate proceeding for the grantor's estate in which case the notice of trust must be filed in the probate proceeding and the clerk shall send a copy to the personal representative.

(5)  The clerk shall send a copy of any caveat filed regarding the grantor to the trustee, and the notice of trust to any caveator, unless there is a probate proceeding pending and the personal representative and the trustee are the same.

(6)  Any proceeding affecting the expenses of the administration or obligations of the grantor's estate prior to the trustee filing a notice of trust are binding upon the trustee.

(7)  The trustee's failure to file the notice of trust does not affect the trustee's obligation to pay expenses of administration and obligations of the grantor's estate as provided in s. 733.607(2).

History.--s. 14, ch. 95-401; s. 7, ch. 97-240; s. 190, ch. 2001-226.