In short: Florida enforces an arbitration clause in a will or trust for disputes between beneficiaries and a fiduciary, and presumes it means binding arbitration under Chapter 682 (§ 731.401). It does not reach contests over whether the will or trust is valid. Arbitration clauses in LLC or management agreements raise their own fights in estate litigation.
I like arbitration for the right case. Trust administration disputes are often technical: valuations, investment decisions, accounting entries. A subject-matter expert as arbitrator can understand them faster than a generalist judge with a crowded docket. Florida’s probate code allows it.
The Statute
"A provision in a will or trust requiring the arbitration of disputes, other than disputes of the validity of all or a part of a will or trust, between or among the beneficiaries and a fiduciary under the will or trust, or any combination of such persons or entities, is enforceable." (§ 731.401(1))
Unless the document says otherwise, the clause is presumed to require binding arbitration under the Revised Florida Arbitration Code, Chapter 682, and is treated as an arbitration agreement for that purpose (§ 731.401(2)).
What It Covers, and What It Doesn’t
Covered: disputes between beneficiaries and a fiduciary, or among them. Accountings, distributions, investment decisions, compensation, interpretation of terms.
Not covered: disputes over the validity of all or part of the will or trust. A claim that the trust amendment was procured by undue influence, or that the settlor lacked capacity, stays in court.
The Business Entity Problem
Family wealth is often held in LLCs and partnerships with their own operating agreements, and those agreements often have their own arbitration clauses. In estate litigation, one side wants everything in probate court; the other wants the business dispute in arbitration. Courts have to sort out whether the business claims are really part of the estate or trust case, and whether the person invoking arbitration is bound by the agreement. The arguments below show how those fights play out.
Should You Put One in Your Trust?
Consider it if:
- The trust will hold complex assets: a business, real estate portfolios, concentrated stock.
- Privacy matters. Arbitration is generally private; probate court files are public.
- You want a decision-maker with specific expertise.
Be careful about cost (arbitrators are paid by the hour), limited appeal rights, and drafting. Specify the rules, the number of arbitrators, the qualifications, the seat, and who pays.
Watch: the videos behind this article
Five Probate Cases and One LLC Arbitration Clause the Judge Refused to Enforce
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments over arbitration in estate, trust, and fiduciary disputes, posted on the channel. An argument is not a ruling: read the written opinion before relying on any outcome.
Compelled to Arbitrate Under a Management Agreement — and a Fiduciary Duty Claim
Lost Its Fee Claim in Arbitration Against the Trustee — Can It Sue the Noteholders Instead?
DECEIT in Arbitration? LLC Interest Dispute & Trust Claimant CHALLENGED at Florida Appeal
Go Deeper
- Florida Trustee Duties and Beneficiary Rights
- Probate Is Paperwork… Until It’s a Lawsuit (Rule 5.025)
- Probate Is Public Record, and Yes, Everyone Can See It
Frequently Asked Questions
Are arbitration clauses in Florida trusts enforceable?
Yes, for disputes between or among beneficiaries and a fiduciary. Section 731.401 makes them enforceable and presumes binding arbitration under Chapter 682 unless the document says otherwise.
Can a will contest be sent to arbitration in Florida?
No. Section 731.401 excludes disputes over the validity of all or part of a will or trust, so capacity and undue influence challenges stay in court.
Is trust arbitration private?
Arbitration proceedings are generally private, unlike probate and trust court files, which are public records. Confidentiality terms should still be spelled out in the clause.
What happens when an LLC agreement requires arbitration in an estate dispute?
Courts must decide whether the business claims are part of the estate or trust case and whether the party invoking arbitration is bound by the agreement. Results depend heavily on the agreement’s wording.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a trust litigation lawyer for a trust or estate dispute that may belong in arbitration, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
