Quick answer. Venue for a Florida trust lawsuit is governed by Section 736.0204, Florida Statutes. It lies where venue is proper under chapter 47, where the beneficiary suing or being sued resides or has its principal place of business, or where the trust has its principal place of administration. File in the circuit court and plead venue facts in the complaint.
Key takeaways
- Section 736.0204 sets venue for trust actions, with three alternative bases.
- File in the circuit court, which holds subject matter jurisdiction over trust proceedings.
- Filing in the wrong division within a circuit is corrected by transfer, not dismissal.
What are the venue options?
Under Section 736.0204, venue lies in any county where venue is proper under chapter 47, the general venue statute; in any county where the beneficiary suing or being sued resides or maintains its principal place of business; or in the county where the trust has its principal place of administration. Plead the facts that establish the chosen county in the complaint.
Why do local rules matter before filing?
The circuit where you file may maintain specific divisions for trust and probate matters and may have procedures that govern them. Review and comply with the local rules. A complaint filed without regard to local procedure may meet resistance even when it satisfies the statewide rules.
What happens if you file in the wrong division?
Filing in the wrong division within a circuit is not grounds for dismissal. The proper remedy is for the court to transfer the case to the correct division. An error in division is correctable by transfer, while an error in venue is a more serious matter, so establish proper venue at the outset.
Frequently asked questions
Where is venue proper for a Florida trust action?
Under Section 736.0204, in a chapter 47 county, where the beneficiary party resides, or where the trust is principally administered.
Is filing in the wrong division fatal?
No. The court transfers the case to the correct division within the circuit.
Which court hears a trust lawsuit?
The circuit court, which holds subject matter jurisdiction over Florida Trust Code proceedings.
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.
