CS/HB 625 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to estates and trusts; amending s. 2
733.705, F.S.; providing that the requirement for a 3
claimant to file an independent action is satisfied if 4
specified actions are taken; specifying that 5
claimants, not creditors, are given certain priority 6
of claims; amending s. 736.0505, F.S.; providing that 7
certain trust assets are deemed to have been 8
contributed by a specified party upon death; amending 9
s. 736.0705, F.S.; providing that a trustee may resign 10
by specified procedure and with notice to certain 11
parties; providing an effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Subsection (5) of section 733.705, Flor ida 16
Statutes, is amended to read: 17
733.705 Payment of and objection to claims. — 18
(5) The claimant is limited to a period of 30 days from 19
the date of service of an objection within which to bring an 20
independent action upon the claim, or a declaratory acti on to 21
establish the validity and amount of an unmatured claim which is 22
not yet due but which is certain to become due in the future, or 23
a declaratory action to establish the validity of a contingent 24
claim upon which no cause of action has accrued on the da te of 25
CS/HB 625 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
service of an objection and that may or may not become due in 26
the future, unless an extension of this time is agreed to by the 27
personal representative in writing before it expires. 28
(a) For good cause, the court may extend the time for 29
filing an action or proceeding after objection is filed. No 30
action or proceeding on the claim may be brought against the 31
personal representative after the time limited above, and the 32
claim is barred without court order. 33
(b) If an action or proceeding by the claimant is pending 34
against the decedent at the time of the decedent's death, the 35
requirement to bring an independent action is satisfied if, 36
within 30 days after the filing of an objection to the claim: 37
1. A motion complying with all applicable rules of 38
procedure is filed, or a similar procedure is initiated, to 39
substitute the proper party; or 40
2. An order substituting the proper party is entered. 41
(c) If the decedent entered into a binding arbitration 42
agreement relating to the claim during his or her lifetime, or 43
if arbitration is required under s. 731.401, the requirement to 44
bring an independent action is satisfied if, within 30 days 45
after the filing of an objection to the claim, a motion to 46
compel arbitration against the proper party is initiated, as 47
provided for in s. 682.03. 48
(d) If arbitration was commenced before the decedent's 49
death, the requirement to bring an independent action is 50
CS/HB 625 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
satisfied if, within 30 days after the filing of an objection to 51
the claim, notice is given to the proper party. If the 52
arbitration was commenced by order of the court, the notice must 53
take the form of a timely filed motion, complying with all 54
applicable rules of procedure, to substitute the proper party. 55
(e) If an objection is filed to the claim of any claimant 56
creditor and the claimant creditor brings an action to establish 57
the claim, a judgment establishing the claim shall give it no 58
priority over claims of the same class to which it belongs. 59
Section 2. Subsection (3) of section 736.0505, Florida 60
Statutes, is amended t o read: 61
736.0505 Creditors' claims against settlor. — 62
(3) Subject to the provisions of s. 726.105, for purposes 63
of this section, the assets in: 64
(a)1. A trust described in s. 2523(e) of the Internal 65
Revenue Code of 1986, as amended ;, or 66
2. A trust for which the election described in s. 2523(f) 67
of the Internal Revenue Code of 1986, as amended, has been made; 68
or 69
3. An irrevocable trust in which: 70
a. The settlor's spouse is a qualified beneficiary as 71
defined in s. 736.0103(19)(a) for the l ifetime of the settlor's 72
spouse; 73
b. The settlor has never been a qualified beneficiary as 74
defined in s. 736.0103(19)(a) during the lifetime of the 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
settlor's spouse; and 76
c. Transfers to the trust by the settlor are completed 77
gifts under s. 2511 of the I nternal Revenue Code of 1986, as 78
amended; and 79
(b) Another trust, to the extent that the assets in the 80
other trust are attributable to a trust described in paragraph 81
(a), 82
83
shall, after the death of the settlor's spouse, be deemed to 84
have been contributed by the settlor's spouse and not by the 85
settlor. 86
Section 3. Subsection (1) of section 736.0705, Florida 87
Statutes, is amended to read: 88
736.0705 Resignation of trustee. — 89
(1) A trustee may resign in accordance with the procedure 90
set forth in the trust instrument and upon notice to the 91
cotrustees or, if none, to the successor trustee who has 92
accepted the appointment, or, if none, to the person or persons 93
who have the authority to appoint a successor trustee. 94
Notwithstanding any provision of the terms of the trust, a 95
trustee may also resign : 96
(a) Upon at least 30 days' notice to the qualified 97
beneficiaries, the settlor, if living, and all cotrustees; or 98
(b) With the approval of the court. 99
Section 4. This act shall take effect July 1, 2022. 100