Florida Statute 736.0813 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 736.0813

Total Results: 10

Donna D. Gnaegy v. Debra D. Morris

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-13T00:00:00-08:00

Snippet: the Trust at any time, in violation of section 736.0813(a), Florida Statutes (2022); file any tax returns…accountings whatsoever in violation of section 736.0813(d), Florida Statutes (2022); provide the Trust…relating to administration in violation of section 736.0813(e), Florida Statutes (2022); distribute Trust

Hadassah v. Melcer

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-09T00:00:00-08:00

Citation: 268 So. 3d 759

Snippet: ; to a trust's qualified beneficiaries. § 736.0813, Fla. Stat. (2017). Whether a charitable organization

Hadassah v. Melcer

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-09T00:00:00-08:00

Citation: 268 So. 3d 759

Snippet: ; 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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-08T23:53:00-08:00

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

Landau v. Landau

Court: Fla. Dist. Ct. App. | Date Filed: 2017-09-20T00:00:00-07:00

Citation: 230 So. 3d 127

Snippet: annual trust accountings required by sections 736.0813 and 736.08135, Florida Statutes (2016). When this

Bloom v. Bloom

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-24T00:00:00-07:00

Citation: 227 So. 3d 165, 2017 WL 2270124, 2017 Fla. App. LEXIS 7403

Snippet: beneficiaries entitled to an accounting under s. 736.0813, the court shall enter an order on the fee application

Hilgendorf v. Estate of Coleman

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-26T00:00:00-07:00

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

Snippet: by the trust or any statute. In fact, section 736.0813, Florida Statutes (2012),1 which *1265provides… was decided prior to the enactment of section 736.0813, Florida Statutes, which limits the duty to account…1265riods beginning on or after July 1, 2007.” § 736.0813(5), Fla. Stat. . The court stayed the proceedings

Doris Rich Corya, etc. v. Roy Sanders

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-11T00:00:00-08:00

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

Snippet: prevail over the duty to account pursuant to section 736.0813(l)(c) and (d). As Sanders met the statutory definition

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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-04T23:53:00-08:00

Snippet: the same year that section 736.0813 was passed. Comparing section 736.0813 with section 737.303, it is…of July 1, 2007, the effective date of section 736.0813(1)(d), Florida Statutes (2007), which provides… of beneficiary. Although the current section 736.0813 limits the duty to account to “qualified beneficiaries…appropriate based on (1) an interpretation of sections 736.0813(1)(d) and 736.08135(1), Florida Statutes (2007…). We address each argument in turn. Sections 736.0813(1)(d) and 736.08135(1) At the beginning of

Corya v. Sanders

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-07T00:00:00-08:00

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

Snippet: requirement of an annual accounting in section 736.0813(l)(d), Florida Statutes, now overrides a trust…show his eligibility as a beneficiary. See also § 736.0813(5), Fla. Stat. Doris raised several affirmative