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Florida Statute 736.0813 - Full Text and Legal Analysis
Florida Statute 736.0813 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 736
FLORIDA TRUST CODE
View Entire Chapter
F.S. 736.0813
736.0813 Duty to inform and account.The trustee shall keep the qualified beneficiaries of the trust reasonably informed of the trust and its administration.
(1) The trustee’s duty to inform and account includes, but is not limited to, the following:
(a) Within 60 days after acceptance of the trust, the trustee shall give notice to the qualified beneficiaries of the acceptance of the trust, the full name and address of the trustee, and that the fiduciary lawyer-client privilege in s. 90.5021 applies with respect to the trustee and any attorney employed by the trustee.
(b) Within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, the trustee shall give notice to the qualified beneficiaries of the trust’s existence, the identity of the settlor or settlors, the right to request a copy of the trust instrument, the right to accountings under this section, and that the fiduciary lawyer-client privilege in s. 90.5021 applies with respect to the trustee and any attorney employed by the trustee.
(c) Upon reasonable request, the trustee shall provide a qualified beneficiary with a complete copy of the trust instrument.
(d) A trustee of an irrevocable trust shall provide a trust accounting, as set forth in s. 736.08135, from the date of the last accounting or, if none, from the date on which the trustee became accountable, to each qualified beneficiary at least annually and on termination of the trust or on change of the trustee. Notwithstanding s. 736.0105(2)(s) or the duties under this paragraph, if a family trust company, licensed family trust company, or foreign licensed family trust company, as defined in s. 662.111, is a trustee of an irrevocable trust, the terms of the trust may permit for accounting to the qualified beneficiaries only at the termination of the trust; upon the removal, resignation, or other event resulting in a trustee ceasing to serve as a trustee; or upon demand of a qualified beneficiary or the representative of a qualified beneficiary. This paragraph may not be construed to prohibit a trustee that is a family trust company, licensed family trust company, or foreign licensed family trust company from voluntarily accounting to the qualified beneficiaries annually or at other times selected by such trustee.
(e) Upon reasonable request, the trustee shall provide a qualified beneficiary with relevant information about the assets and liabilities of the trust and the particulars relating to administration.

Paragraphs (a) and (b) do not apply to an irrevocable trust created before the effective date of this code, or to a revocable trust that becomes irrevocable before the effective date of this code. Paragraph (a) does not apply to a trustee who accepts a trusteeship before the effective date of this code.

(2) A qualified beneficiary may waive the trustee’s duty to account under paragraph (1)(d). A qualified beneficiary may withdraw a waiver previously given. Waivers and withdrawals of prior waivers under this subsection must be in writing. Withdrawals of prior waivers are effective only with respect to accountings for future periods.
(3) The representation provisions of part III apply with respect to all rights of a qualified beneficiary under this section.
(4) As provided in s. 736.0603(1), the trustee’s duties under this section extend only to the settlor while a trust is revocable.
(5) This section applies to trust accountings rendered for accounting periods beginning on or after July 1, 2007.
History.s. 8, ch. 2006-217; s. 15, ch. 2007-153; s. 11, ch. 2011-183; s. 14, ch. 2013-172; s. 8, ch. 2022-96.

F.S. 736.0813 on Google Scholar

F.S. 736.0813 on CourtListener

Amendments to 736.0813


Annotations, Discussions, Cases:

Cases Citing Statute 736.0813

Total Results: 8

Hilgendorf v. Estate of Coleman

201 So. 3d 1262, 2016 Fla. App. LEXIS 15934

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 60256959

Cited 1 times | Published

required by the trust or any statute. In fact, section 736.0813, Florida Statutes (2012),1 which *1265provides

Donna D. Gnaegy v. Debra D. Morris

District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68084201

Published

of the Trust at any time, in violation of section 736.0813(a), Florida Statutes (2022); file any tax

Hadassah v. Melcer

268 So. 3d 759

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 64711762

Published

account" to a trust's qualified beneficiaries. § 736.0813, Fla. Stat. (2017). Whether a charitable organization

Hadassah v. Melcer

268 So. 3d 759

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 64711761

Published

account" to a trust's qualified beneficiaries. § 736.0813, Fla. Stat. (2017). Whether a charitable organization

HADASSAH, THE WOMEN'S ZIONIST ORGANIZATION OF AMERICA, INC. v. STEPHEN G. MELCER, TRUSTEE

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485200

Published

account” to a trust’s qualified beneficiaries. § 736.0813, Fla. Stat. (2017). Whether a charitable organization

Doris Rich Corya, etc. v. Roy Sanders

155 So. 3d 1279, 2015 Fla. App. LEXIS 1846

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633414

Published

as of July 1, 2007, the effective date of section 736.0813(1)(d), Florida Statutes (2007), which provides:

Doris Rich Corya, etc. and Paul J. Rich Sanders, etc. v. Roy Sanders

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592852

Published

as of July 1, 2007, the effective date of section 736.0813(1)(d), Florida Statutes (2007), which provides:

Corya v. Sanders

76 So. 3d 31, 2011 Fla. App. LEXIS 19532, 2011 WL 6057899

District Court of Appeal of Florida | Filed: Dec 7, 2011 | Docket: 60304488

Published

the requirement of an annual accounting in section 736.0813(l)(d), Florida Statutes, now overrides a trust