The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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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 Casetext

Amendments to 736.0813

Arrestable Offenses / Crimes under Fla. Stat. 736.0813

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0813.

Annotations, Discussions, Cases:

Cases from cite.case.law:

HADASSAH, s v. G. MELCER, E., 268 So. 3d 759 (Fla. App. Ct. 2019)

. . . . § 736.0813, Fla. Stat. (2017). . . .

J. LANDAU, TRUSTEE OF FLOIS N. LANDAU TRUST DATED JANUARY v. L. LANDAU,, 230 So. 3d 127 (Fla. Dist. Ct. App. 2017)

. . . requested information regarding the assets and copies of the annual trust accountings required by sections 736.0813 . . .

IN RE GUARDIANSHIP OF BLOOM, v. B. M. u a d, 227 So. 3d 165 (Fla. Dist. Ct. App. 2017)

. . . and, after notice and service on the trustee and all beneficiaries entitled to an accounting under s. 736.0813 . . .

HILGENDORF, v. ESTATE OF COLEMAN K., 201 So. 3d 1262 (Fla. Dist. Ct. App. 2016)

. . . In fact, section 736.0813, Florida Statutes (2012), which provides for the duty of the trustee to provide . . . Finally, Carvel was decided prior to the enactment of section 736.0813, Florida Statutes, which limits . . . applies to trust accountings rendered for accounting periods beginning on or after July 1, 2007.” § 736.0813 . . .

CORYA, J. M. P. P. v. SANDERS,, 155 So. 3d 1279 (Fla. Dist. Ct. App. 2015)

. . . statute provided that a trust provision could not prevail over the duty to account pursuant to section 736.0813 . . . Comparing section 736.0813 with section 737.303, it is obvious that the duty of a trustee to account . . . Sections 736.0813(l)(d) and 736.08135(1) At the beginning of the judgment, the trial court listed the . . . One of the issues listed was: Whether Florida Statute Section 736.0813, formerly Florida Statute Section . . . Section 736.0813 incorporates by reference section 736.08135(1), Florida Statutes (2007). . . . Section 736.0813(l)(d), which creates the statutory duty to account, simply provides account-ings must . . .

CORYA, J. M. v. SANDERS J. Jr., 76 So. 3d 31 (Fla. Dist. Ct. App. 2011)

. . . Although the requirement of an annual accounting in section 736.0813(l)(d), Florida Statutes, now overrides . . . See also § 736.0813(5), Fla. Stat. . . .