Florida § 736.0704 - Vacancy in trusteeship; appointment of successor.
Full text of Florida Florida Statutes § 736.0704 — Vacancy in trusteeship; appointment of successor., with citation guidance and answers to common questions.
§ 736.0704. Vacancy in trusteeship; appointment of successor.
(1) A vacancy in a trusteeship occurs if: (a) A person designated as trustee declines the trusteeship; (b) A person designated as trustee cannot be identified or does not exist; (c) A trustee resigns; (d) A trustee is disqualified or removed; (e) A trustee dies; or (f) A trustee is adjudicated to be incapacitated. (2) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee. (3) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority: (a) By a person named or designated pursuant to the terms of the trust to act as successor trustee. (b) By a person appointed by unanimous agreement of the qualified beneficiaries. (c) By a person appointed by the court. (4) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority: (a) By a person named or designated pursuant to the terms of the trust to act as successor trustee. (b) By a person selected by unanimous agreement of the charitable organizations expressly designated to receive distributions under the terms of the trust. (c) By a person appointed by the court. (5) The court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust, whether or not a vacancy in a trusteeship exists or is required to be filled.
Source: official Florida text · Last verified 2026-08-27
Frequently Asked Questions About Florida § 736.0704
What does Florida Statutes § 736.0704 cover?
Section 736.0704 ("Vacancy in trusteeship; appointment of successor.") is part of the Florida Statutes, the codified statutory law of Florida. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Florida § 736.0704?
A common citation format is "Florida Statutes § 736.0704" (Florida). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Florida law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Florida official source linked on this page or consult a licensed Florida attorney.
How does Florida § 736.0704 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Florida can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Florida.