(A) A trustee shall keep the current beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee shall promptly respond to a beneficiary's request for information related to the administration of the trust.
(B) A trustee shall do all of the following:
(1) Upon the request of a beneficiary, promptly furnish to the beneficiary a copy of the trust instrument. Unless the beneficiary expressly requests a copy of the entire trust instrument, the trustee may furnish to the beneficiary a copy of a redacted trust instrument that includes only those provisions of the trust instrument that the trustee determines are relevant to the beneficiary's interest in the trust. If the beneficiary requests a copy of the entire trust instrument after receiving a copy of a redacted trust instrument, the trustee shall furnish a copy of the entire trust instrument to the beneficiary. If the settlor of a revocable trust that has become irrevocable has completely restated the terms of the trust, the trust instrument furnished by the trustee shall be the restated trust instrument, including any amendments to the restated trust instrument. Nothing in division (B)(1) of this section limits the ability of a beneficiary to obtain a copy of the original trust instrument, any other restatements of the original trust instrument, or amendments to the original trust instrument and any other restatements of the original trust instrument in a judicial proceeding with respect to the trust.
(2) Within sixty days after accepting a trusteeship, notify the current beneficiaries of the acceptance and of the trustee's name, address, and telephone number;
(3) Within sixty 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, notify the current beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument, and of the right to a trustee's report as provided in division (C) of this section;
(4) Notify the current beneficiaries in advance of any change in the method or rate of the trustee's compensation.
(C) A trustee of a trust that has a fiscal year ending on or after January 1, 2007, shall send to the current beneficiaries, and to other beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts, and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets, and, if feasible, the trust assets' respective market values. Upon a vacancy in a trusteeship, unless a cotrustee remains in office, a report for the period during which the former trustee served must be sent to the current beneficiaries by the former trustee. A personal representative or guardian may send the current beneficiaries a report on behalf of a deceased or incapacitated trustee.
(D) A beneficiary may waive the right to a trustee's report or other information otherwise required to be furnished under this section. A beneficiary, with respect to future reports and other information, may withdraw a waiver previously given.
(E) The trustee may provide information and reports to beneficiaries to whom the provided information and reports are not required to be provided under this section.
(F) Divisions (B)(2) and (3) of this section apply only to a trustee who accepts a trusteeship on or after January 1, 2007, to an irrevocable trust created on or after January 1, 2007, and to a revocable trust that becomes irrevocable on or after January 1, 2007.
(G) During the lifetime of the settlor of a revocable trust, whether or not the settlor has capacity to revoke the trust, the trustee's duties under this section are owed exclusively to the settlor.
Notes of Decisions
Cited in 28
cases (8 in the last 5 years), 2007–2025 · leading case: Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032.
Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032. · cites it 20ד03; (2) breach of the duty to keep beneficiaries reasonably informed about trust administration and material facts required to protect their interests under R.C. 5808.13; and (3) breach of the duty to promptly respond to beneficiary’s request for information regarding trust…”
Gorby v. Aberth, 2017-Ohio-274, 81 N.E.3d 910. · cites it 10דAberth committed a serious breach of the trust by failing to keep them reasonably informed and by failing to promptly respond to requests for information as required under Section 5808.13(A). Although the Beneficiaries argue that Mr.”
Thallman v. Thallman, 2016-Ohio-992. · cites it 9דAccording to appellees, appellants were not even entitled to information from 2011-2014 under R.C. 5808.13 because appellants were not “current beneficiaries” of the trusts during those years.”
Newcomer v. Natl. City Bank, 2014-Ohio-3619, 19 N.E.3d 492. · cites it 3דThe trial court held in its judgment that under R.C. 5808.13(A), the trustee was required to provide reports of transactions only to current beneficiaries and that none of Mr.”
State v. Searfoss, 2019-Ohio-4619, 135 N.E.3d 853. · cites it 2דsection 5808.13 specifically provides that he shall promptly provide the beneficiary an account for the trust.”
In re Trust of Tary v. Seiple, 2022-Ohio-3773, 199 N.E.3d 230. · cites it 3ד{¶ 25} Ultimately, we need not decide whether Seiple reasonably provided the documents as required under R.C. 5808.13 because the delay, whether reasonable or not, masked the truly serious breach of trust involving the transfer of the Michigan properties.”
Zimmerman v. Zirpolo Trust, 2012-Ohio-346. · cites it 5ד(¶6) On June 4, 2010, Appellant filed a Complaint in the Stark County Court of Common Pleas, Probate Division, requesting the trial court direct Appellee to provide her with a complete copy of the Trust document as well as the various reports required pursuant to R.C. 5808.13.…”
McHenry v. McHenry, 2017-Ohio-1534. · cites it 2דOn November 1, 2012, appellee filed the instant action against appellant in the Stark County Probate Court, alleging the following causes of action: (1) conversion (2) breach of duty to inform and report (R.C. 5808.13(B)(1)), (3) breach of duty to provide accountings (R.”
Cartwright v. Batner, 2014-Ohio-2995, 15 N.E.3d 401. · cites it 2דIn this action, Kimberly asserted the following claims: (1) for an accounting, pursuant to R.C. 5808.13; (2) breach of fiduciary duty; (3) breach of a common law duty to maintain proper records and accounts; (4) conversion of trust assets to David’s own benefit; (5) civil…”
Pollock v. Mullins, 2024-Ohio-3423, 253 N.E.3d 629. · cites it 3דAs stated by the probate court, R.C. 5808.13 imposes statutory duties upon trustees, and “any trustee that argues otherwise probably should not be serving as a trustee.”
Kidd v. Alfano, 2016-Ohio-7519, 64 N.E.3d 1052. “The magistrate ruled that the trustees had a statutory duty, pursuant to R.C. 5808.13, to provide an annual “report of the trust property, liabilities, receipts and disbursements.”
Miller v. Cass, 2010-Ohio-1930. “{¶48} In assignments of error D, plaintiffs argue that the trial court erred in dismissing their complaint because they were entitled to an accounting pursuant to the terms of the joint trust agreement and R.C. 5808.13. In assignment of error E, plaintiffs assert that the trial…”
Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032. “03; (2) breach of the duty to keep beneficiaries reasonably informed about trust administration and material facts required to protect their interests under R.C. 5808.13; and (3) breach of the duty to promptly respond to beneficiary’s request for information regarding trust…”
Gorby v. Aberth, 2017-Ohio-274, 81 N.E.3d 910. “Aberth committed a serious breach of the trust by failing to keep them reasonably informed and by failing to promptly respond to requests for information as required under Section 5808.13(A). Although the Beneficiaries argue that Mr.”
Newcomer v. Natl. City Bank, 2014-Ohio-3619, 19 N.E.3d 492. “The trial court held in its judgment that under R.C. 5808.13(A), the trustee was required to provide reports of transactions only to current beneficiaries and that none of Mr.”
In re Trust of Tary v. Seiple, 2022-Ohio-3773, 199 N.E.3d 230. “{¶ 25} Ultimately, we need not decide whether Seiple reasonably provided the documents as required under R.C. 5808.13 because the delay, whether reasonable or not, masked the truly serious breach of trust involving the transfer of the Michigan properties.”
McHenry v. McHenry, 2017-Ohio-1534. “On November 1, 2012, appellee filed the instant action against appellant in the Stark County Probate Court, alleging the following causes of action: (1) conversion (2) breach of duty to inform and report (R.C. 5808.13(B)(1)), (3) breach of duty to provide accountings (R.”
In re Trust of Tary v. Seiple, 2022-Ohio-3773, 199 N.E.3d 230. “{¶ 25} Ultimately, we need not decide whether Seiple reasonably provided the documents as required under R.C. 5808.13 because the delay, whether reasonable or not, masked the truly serious breach of trust involving the transfer of the Michigan properties.”
Ohio Rev. Code § 5808.13(B)(3): 1 case
Pollock v. Mullins, 2024-Ohio-3423, 253 N.E.3d 629. “As stated by the probate court, R.C. 5808.13 imposes statutory duties upon trustees, and “any trustee that argues otherwise probably should not be serving as a trustee.”
Ohio Rev. Code § 5808.13(C): 9 cases
Gorby v. Aberth, 2017-Ohio-274, 81 N.E.3d 910. “Aberth committed a serious breach of the trust by failing to keep them reasonably informed and by failing to promptly respond to requests for information as required under Section 5808.13(A). Although the Beneficiaries argue that Mr.”
Thallman v. Thallman, 2016-Ohio-992. “According to appellees, appellants were not even entitled to information from 2011-2014 under R.C. 5808.13 because appellants were not “current beneficiaries” of the trusts during those years.”
McHenry v. McHenry, 2017-Ohio-1534. “On November 1, 2012, appellee filed the instant action against appellant in the Stark County Probate Court, alleging the following causes of action: (1) conversion (2) breach of duty to inform and report (R.C. 5808.13(B)(1)), (3) breach of duty to provide accountings (R.”
Cartwright v. Batner, 2014-Ohio-2995, 15 N.E.3d 401. “In this action, Kimberly asserted the following claims: (1) for an accounting, pursuant to R.C. 5808.13; (2) breach of fiduciary duty; (3) breach of a common law duty to maintain proper records and accounts; (4) conversion of trust assets to David’s own benefit; (5) civil…”
Newcomer v. Natl. City Bank, 2014-Ohio-3619, 19 N.E.3d 492. “The trial court held in its judgment that under R.C. 5808.13(A), the trustee was required to provide reports of transactions only to current beneficiaries and that none of Mr.”
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