What Is a Nonjudicial Settlement Agreement in Florida?
By Adrian P. Thomas, LL.M., J.D. | Shareholder and Founding Partner, Adrian Philip Thomas, P.A. | Last reviewed June 2026
Quick answer. A nonjudicial settlement agreement under Section 736.0111, Florida Statutes, lets interested persons enter a binding agreement on virtually any matter involving a trust, at any time, including before the settlor's death. It is valid only to the extent a court could properly approve its terms, and all interested persons must join.
Key takeaways
- Section 736.0111 is the most flexible out-of-court tool in the Florida Trust Code and is not limited to the period after the settlor's death.
- An agreement is valid only to the extent its terms could be properly approved by a court.
- An interested person is anyone whose interest would be affected, a broader class than the trustee and qualified beneficiaries. See Section 736.0111(1).
What can a nonjudicial settlement agreement resolve?
The statute supplies a non-exclusive list, including interpretation or construction of the trust's terms, approval of a trustee's accounting, and transfer of the trust's principal place of administration. Because the list is non-exclusive, the parties may resolve other matters as well, subject to one limit.
What is the limit on nonjudicial settlement agreements?
An agreement is valid only to the extent that its terms and conditions could be properly approved by a court. The parties cannot accomplish through settlement what a court could not order. This boundary channels their freedom while preserving broad flexibility.
Who must sign a nonjudicial settlement agreement?
Every interested person, meaning anyone whose interest would be affected. Section 736.0111(1) defines the term broadly. The practitioner must evaluate who needs to sign and must account for every capacity in which a person participates. A single individual may sign as trustee in one role and as a beneficiary in another. The signature blocks should reflect each capacity.
Frequently asked questions
Can you use a nonjudicial settlement agreement before the settlor dies?
Yes. Unlike Section 736.0412, Section 736.0111 carries no requirement that the settlor be deceased.
Who is an interested person under Section 736.0111?
Anyone whose interest would be affected by the agreement, which is broader than the trustee and qualified beneficiaries alone.
Can a nonjudicial settlement agreement do anything the parties want?
No. It is valid only to the extent a court could properly approve the terms.
About the author
Attorney Adrian Philip Thomas is a shareholder and founding partner of Adrian Philip Thomas, P.A., a boutique attorney law firm located in Fort Lauderdale, Florida. He has practiced law for the past 30 years, maintaining an office in Fort Lauderdale, Broward County, Florida. Mr. Thomas is "AV" rated by Martindale-Hubbell and has been selected on multiple occasions as one of Florida's Legal Elite by Florida Trend Magazine and selected as a Super Lawyer. Mr. Thomas concentrates his practice in estate and trust litigation, both prosecuting and defending, which includes matters involving estates, trusts, and probate. He represents clients with disputes throughout the State of Florida. Attorney Adrian Philip Thomas has a Master of Laws from the University of Miami, a Juris Doctor from Nova Southeastern University, and a Bachelor of Science from the University of Florida. Attorney Adrian Philip Thomas has lectured at continuing legal education seminars on various probate topics.
This article is general legal information about Florida law, not legal advice, and does not create an attorney-client relationship. Consult a Florida-licensed attorney about your specific situation.
