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ARTICLE · 07 OCTOBER 2026

Navigating Florida’s New Trust, Probate And Series LLC Statutes

Withers LLP
Withers LLP
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Florida has enacted significant statutory changes affecting trust administration, probate procedures, and business entity formation. These reforms introduce streamlined nonjudicial processes for trustee discharge, expand access to simplified probate administration, and establish a new framework for protected series LLCs that offers enhanced asset protection and operational flexibility for estate planners and business owners.

United StatesWealth Management

Published in the New York State Bar Association's Trusts and Estates Law Section Journal (August 2026, Vol. 59, No. 3 edition), this article by Brett Rosecan summarizes recent statutory developments in Florida affecting trust administration, probate administration, and entity structuring.

The update examines a new nonjudicial trustee discharge process that reduces the need for court involvement, expanded eligibility for simplified probate procedures, and the adoption of protected series LLC legislation. It also highlights Florida’s broader policy shift toward administrative efficiency while cautioning practitioners, particularly those outside Florida, to carefully consider disclosure requirements, statutory compliance, and cross-jurisdictional limitations.

Read the full article here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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