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What Is Friendly Litigation in Florida Trust Administration?

Two men shaking hands and friendly litigation
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What Is Friendly Litigation in Florida Trust Administration?

By Adrian P. Thomas, LL.M., J.D. | Shareholder and Founding Partner, Adrian Philip Thomas, P.A. | Last reviewed June 2026

Quick answer. Friendly litigation in Florida trust administration is a non-contested court proceeding filed when the trustee and beneficiaries agree on the outcome but still need a binding judgment. Under Section 736.0201, Florida Statutes, a court cannot act on a trust matter unless an interested person invokes its jurisdiction by filing suit.

Key takeaways

  • Friendly litigation, also called non-contested litigation, resolves trust matters where every interested person agrees yet a court order is still required.
  • A Florida court has no authority over a trust administration until an interested person files a proceeding. See Section 736.0201, Florida Statutes.
  • The procedural steps mirror adversarial litigation because a friendly suit can turn adversarial at any point.

Why would aligned parties need to file a lawsuit?

Certain results cannot be achieved by agreement alone. Consider a trust that requires a corporate trustee while holding too few assets to justify a corporate fiduciary's fees. Every beneficiary may agree that an individual should serve, yet the trust forbids the substitution. Only a judicial modification accomplishes the change. The lawsuit is friendly in spirit and a lawsuit in form.

What makes a friendly suit different from adversarial litigation?

The difference is the posture of the parties, not the mechanics of the case. The complaint must state a cause of action, every indispensable party must be named and served, and a final judgment must be obtained. The cooperation of the parties removes resistance. It does not remove the requirements of proper practice.

Why treat a friendly matter with full procedural discipline?

A friendly suit can become contested without warning. A beneficiary who agreed in conversation may reconsider when served. A party assumed cooperative may retain counsel. A final judgment binds only those named, served, and afforded due process, so disciplined practice protects the durability of the judgment.

Frequently asked questions

Is friendly trust litigation a real lawsuit?

Yes. It proceeds through the same steps as any civil action, including a complaint, service or waivers, and a final judgment. The parties simply agree on the result.

Can a Florida court modify a trust without a lawsuit?

No. Under Section 736.0201, Florida Statutes, the court's jurisdiction must be invoked by an interested person who files a proceeding.

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.