Fla. Stat. 738.701
When right to income begins and ends


(1)

An income beneficiary is entitled to net income in accordance with the terms of the trust from the date an income interest begins. The income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to:The trust for the current income beneficiary; orA successive interest for a successor beneficiary.

(a)

The trust for the current income beneficiary; or

(b)

A successive interest for a successor beneficiary.

(2)

An asset becomes subject to a trust under paragraph (1)(a):For an asset that is transferred to the trust during the settlor’s life, on the date the asset is transferred;For an asset that becomes subject to the trust because of a decedent’s death, on the date of the decedent’s death, even if there is an intervening period of administration of the decedent’s estate; orFor an asset that is transferred to a fiduciary by a third party because of a decedent’s death, on the date of the decedent’s death.

(a)

For an asset that is transferred to the trust during the settlor’s life, on the date the asset is transferred;

(b)

For an asset that becomes subject to the trust because of a decedent’s death, on the date of the decedent’s death, even if there is an intervening period of administration of the decedent’s estate; or

(c)

For an asset that is transferred to a fiduciary by a third party because of a decedent’s death, on the date of the decedent’s death.

(3)

An asset becomes subject to a successive interest under paragraph (1)(b) on the day after the preceding income interest ends, as determined under subsection (4), even if there is an intervening period of administration to wind up the preceding income interest.

(4)

An income interest ends on the day before an income beneficiary dies or another terminating event occurs, or on the last day of a period during which there is no beneficiary to which a fiduciary may or must distribute income.

Source: Section 738.701 — When right to income begins and ends, https://www.­flsenate.­gov/Laws/Statutes/2024/0738.­701 (accessed Aug. 7, 2025).

738.101
Short title
738.102
Definitions
738.103
Scope
738.104
Governing law
738.201
Fiduciary duties
738.202
Judicial review of exercise of discretionary power
738.203
Fiduciary’s power to adjust
738.301
Definitions
738.302
Applications
738.303
Authority of fiduciary
738.304
Notice
738.305
Unitrust policy
738.306
Unitrust rate
738.307
Applicable value
738.308
Period
738.309
Express unitrust
738.310
Other rules
738.401
Character of receipts from entity
738.402
Distribution from trust or estate
738.403
Business or other activity conducted by fiduciary
738.404
Principal receipts
738.405
Rental property
738.406
Receipt on obligation to be paid in money
738.407
Insurance policy or contract
738.408
Insubstantial allocation not required
738.409
Deferred compensation, annuity, or similar payment
738.410
Liquidating asset
738.411
Minerals, water, and other natural resources
738.412
Timber
738.413
Marital deduction property not productive of income
738.414
Derivatives or options
738.415
Asset-backed securities
738.416
Other financial instrument or arrangement
738.501
Disbursement from income
738.502
Disbursement from principal
738.503
Transfers from income to principal for depreciation
738.504
Reimbursement of income from principal
738.505
Reimbursement of principal from income
738.506
Income taxes
738.507
Adjustment between income and principal because of taxes
738.508
Apportionment of property expenses between tenant and remainderman
738.601
Determination and distribution of net income
738.602
Distribution to successor beneficiary
738.701
When right to income begins and ends
738.702
Apportionment of receipts and disbursements when decedent dies or income interest begins
738.703
Apportionment when income interest ends
738.801
Uniformity of application and construction
738.802
Relation to Electronic Signatures in Global and National Commerce Act
738.803
Severability
738.804
Application

Current through Fall 2025

§ 738.701. When right to income begins & ends's source at flsenate​.gov