Florida Statutes § 736.0804

Prudent administration

2026 Florida Statutes.

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A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.

History

History.—s. 8, ch. 2006-217.

Commentary from Matt Weidner

Probate attorney, Weidner Law, St. Petersburg. Videos open in a player; articles open on WeidnerLaw.com.

Did Your Florida Trustee Hand Your Inheritance to a Financial Advisor and Walk Away?

§ 736.0804 requires trustees to administer the trust as a prudent person would. Delegating to an advisor without monitoring is a breach. Attorney Weidner explains what the statute actually requires.

The Markets Are Unstable — But the Florida Trust Code Doesn’t Change With the Economy

Florida trustees face the same Prudent Investor Rule in a bear market as in a bull market. Attorney Weidner explains trustee duties, personal liability exposure, and required documentation.

The Florida Trust Code Doesn’t Require You to Ride a Market Crash

Under Florida’s Prudent Investor Rule, trustees have both the authority and sometimes the duty to reassess allocations during volatile markets. Learn what the law actually requires.

Should Trustees Get Out of the Stock Market? What Florida Law Requires

Florida fiduciaries must manage trust investments with reasonable care — even when markets crash. Attorney Weidner explains what the Prudent Investor Rule requires from trustees and personal representatives.

Your Revocable Trust Won't Avoid Probate Unless You Do This

Most revocable trusts fail because they were never funded. Florida probate attorney Weidner reveals the unfunded trust epidemic, how to check if yours is funded, and when trusts actually work.