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Florida Trustee powers

A Florida Trustee has broad statutory powers to manage Trust property — but those powers are always bounded by the Trust instrument and by fiduciary duties of loyalty, prudence, and impartiality. A power being permitted by statute does not mean exercising it is appropriate in your situation.

Want to understand the powers and limits that apply to your Trust?

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Powers under the Florida Trust Code

  • Trustee's power to invade principal in trust (decanting)

    § 736.04117 ↗

    Clear, simple explanation pending Florida attorney review. See the official statute via the link above.

  • General powers of trustee

    § 736.0815 ↗

    A trustee may exercise powers granted by the trust and those appropriate to manage trust property — always subject to fiduciary duties.

  • Specific powers of trustee

    § 736.0816 ↗

    Lists specific powers: collect/sell property, deposit funds, borrow, operate a business, manage real estate, lease, insure, pay claims and taxes, hire professionals, make distributions, and wind up the trust.

Powers are constrained by your duties. Before acting on a power — selling property, making a distribution, hiring agents — confirm it's consistent with the Trust terms and your fiduciary obligations. When in doubt, ask an attorney first.

Related reading

  • Florida Trustee duties overview
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    • TrusteeClear. General information about Florida Trustee duties, not legal advice. Using these tools does not create an attorney-client relationship. AI organizes and drafts; TrusteeClear never files or sends anything on your behalf. Where attorney review happens, it is your firm's attorney or an independent attorney you engage directly. AI observations and chat are informational only — not legal advice, and not attorney-reviewed.