Fla. Stat. § 736.0112 - Commentary to Florida Trust Code

Legal Commentary on Fla. Stat. § 736.0112

Fla. Stat. § 736.0112 eliminates local qualifications for foreign trustees who receive distributions from an estate in Florida, unless the trustee otherwise does business in the state of Florida. Generally, a foreign business must register with the state of Florida before conducting business in the state. This is required by Fla. Stat. § 607.1501. The business then obtains a certificate of authority to conduct business. However, no such certificate or qualification is required in order for a foreign business, acting as a trustee of trust, to simply receive a distribution from a probate estate is Florida.

Text of Fla. Stat. § 736.0112

Qualification of foreign trustee.—Unless otherwise doing business in this state, local qualification by a foreign trustee is not required for the trustee to receive distribution from a local estate. Nothing in this chapter shall affect the provisions of s. 660.41.

History of Fla. Stat. § 736.0112

Fla. Stat. § 736.0112 became law on July 1, 2007 as part of the Florida Trust Code. It has not been amended or revised since that date. The statute section was copied word-for-word from Fla. Stat. § 737.105 as part of the former Chapter 737 of the Florida Statutes.

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