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Chapter 736 — The Florida Trust Code

Florida Statute 736.0110

“Others treated as qualified beneficiaries”

What it means

Most trust rights in Florida belong to “qualified beneficiaries” — the people close enough to the money to receive notices, accountings, and a seat in court. §736.0110 extends those rights to watchers who are not beneficiaries in the ordinary sense.

A charitable organization expressly designated to receive distributions from a charitable trust is treated as a qualified beneficiary. So is the person appointed to enforce a pet trust (§736.0408) or a noncharitable purpose trust (§736.0409). And the Florida Attorney General may assert a qualified beneficiary's rights over any charitable trust with its principal place of administration in this state.

— What it says
  • A charity expressly designated to receive distributions under a charitable trust holds qualified-beneficiary rights — notice, accountings, standing.
  • The charity qualifies if it is a current distributee, next in line when current interests end, or would take if the trust terminated on the date its status is determined.
  • The enforcer of an animal trust (§736.0408) or purpose trust (§736.0409) also has the rights of a qualified beneficiary.
  • The Attorney General may assert a qualified beneficiary's rights as to any charitable trust with its principal place of administration in Florida, with standing in any judicial proceeding.
  • When the Attorney General acts, the office has exclusive authority to represent the general public and unnamed charitable beneficiaries — other states' officials have no standing.
— In a real probate

How it plays out

A charitable trust has no individual beneficiary watching the trustee, so this section builds the audience. When our office administers a trust with a charitable share, we treat the named charity as a qualified beneficiary from day one — notices, annual accountings, consents — because under §736.0110 that is exactly what it is. Charities do read those accountings, and the Attorney General's standing means even a trust with no named charity at all is not unpoliced.

Questions people ask

Who can enforce a charitable trust in Florida?
The settlor (§736.0405), any charity expressly designated to receive distributions — treated as a qualified beneficiary by Florida Statute 736.0110 — and the Attorney General, who may assert a qualified beneficiary's rights over any charitable trust principally administered in Florida.
The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 736.0110
Rachel Brannan Schadt, Esq.
Written by
Rachel Brannan Schadt, Esq.

Florida probate and estate attorney. Florida Bar #127500, admitted 2017. Third-generation Florida attorney and Sarasota native. Florida State University; Western Michigan University Cooley Law School. Admitted to the U.S. District Courts for the Northern, Middle and Southern Districts of Florida.

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