Does a Florida Trustee Have to Tell Beneficiaries?

If you’ve asked whether a trustee has to tell beneficiaries in Florida, the short answer is yes. The duty is written into the statute, with specific notices, deadlines and rights. This page explains who must be told, what they must receive, and what to do if nothing arrives.

Yes, Florida Trustees Must Keep Beneficiaries Informed

Yes. Florida law requires a trustee to keep the qualified beneficiaries of a trust reasonably informed about the trust and how it is run (Fla. Stat. § 736.0813). This is a legal duty tied to the trustee’s job. It is not a courtesy a trustee can skip.

It works alongside the trustee’s other duties. It names who must be told, what the notice must say, and in some cases how many days the trustee has to send it.

Many trustees don’t realize how much is written down. A person who agrees to manage a parent’s trust may think the job is mainly paying bills and holding property. The statute adds a steady duty to communicate. That duty is ongoing, not a single letter sent at the start.

For a beneficiary, this duty is often the only way to learn what the trust holds and where the money is going. Without information, you can’t check the trustee’s work.

Who Counts as a Qualified Beneficiary Under Florida Law

A qualified beneficiary is a living beneficiary who receives, or would receive, trust income or principal under the trust’s terms.

Not every beneficiary is a qualified beneficiary. A qualified beneficiary must be living and must be entitled, or positioned to be entitled, to trust income or principal on a set date.

Here is a simple example. A trust pays income to a surviving spouse for life, then passes principal to the couple’s two children. The children hold future interests. They are likely to count as qualified beneficiaries, because they would receive principal when the spouse’s interest ends. A more distant contingent heir, who takes only if several named people die first, may or may not qualify on the date the test is applied.

Whether a particular person qualifies depends on the facts and on the trust’s terms.

When the Trustee’s 60-Day Notice Duties Begin

The first follows the trustee’s acceptance of the role. The second follows the trustee learning that an irrevocable trust exists.

A named trustee accepts by substantially following the method the trust sets out. If the trust sets no method, or sets one that is not expressly made exclusive, the trustee accepts by taking delivery of trust property, exercising powers, performing duties or otherwise showing acceptance (Fla. Stat. § 736.0701). A designated trustee who doesn’t accept within a reasonable time is deemed to have declined.

This section explains how a designated trustee accepts the trusteeship; the acceptance notice to beneficiaries is required by Fla. Stat. § 736.0813, not by this section. This section explains how a designated trustee accepts the trusteeship and does not require the trustee’s name and address; that requirement is in Fla. Stat. § 736.0813. It must also say that the fiduciary lawyer-client privilege applies to the trustee and to any attorney the trustee hires.

The irrevocable-trust notice must be given within 60 days after the trustee learns the trust has become irrevocable, and it is triggered when the trustee acquires knowledge of the trust’s creation or that a formerly revocable trust has become irrevocable. That can happen at the settlor’s death. It must state the trust’s existence, the settlor’s identity, the right to request a copy of the trust instrument, the right to accountings, and the privilege statement.

Under Fla. Stat. § 736.0813, 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. The rules don’t apply to an irrevocable trust created before the code’s effective date, or to a revocable trust that became irrevocable before then. Check the trust’s dates before assuming the deadline applies.

What “Reasonably Informed” Requires During Administration

The duty doesn’t end after the first notice. A trustee must keep beneficiaries informed while the trust runs. Upon reasonable request, the trustee must also share relevant information about trust assets, liabilities and the details of administration (Fla. Stat. § 736.0813).

A trust accounting has a set structure. It must be a reasonably understandable report. It must start with a statement identifying the trust, the trustee and the period covered. It must show all cash and property transactions and significant transactions, including compensation paid to the trustee and the trustee’s agents (Fla. Stat. § 736.08135).

In practice, a beneficiary who asks what the trust holds should get a clear answer. A beneficiary who sees any payment to the trustee should be able to find it in the report, since the accounting must show all cash and property transactions, including compensation paid to the trustee. If it isn’t there, that gap is a reason to ask questions.

Disputes often start over what counts as reasonable. The answer turns on the specific request and the specific trust. That is why written requests and clear records help both sides.

Annual Accountings and Trustee Reports

For an irrevocable trust, the trustee must give each qualified beneficiary a trust accounting at least once a year. The trustee must also account when the trust ends or when the trustee changes (Fla. Stat. § 736.0813).

The trustee may still account more often by choice.

A qualified beneficiary may waive the trustee’s duty to account under paragraph (1)(d), which covers the annual accounting and the accounting on termination or change of trustee. The waiver must be in writing. A beneficiary can later withdraw a waiver, but the withdrawal only applies to future accounting periods.

A final accounting carries an extra requirement. It must include a plan of distribution for any assets still undistributed (Fla. Stat. § 736.08135). Each report is a chance to catch a problem early. Questions raised in year one are easier to answer than questions raised after a trust has closed.

For the broader picture of how trusts are run day to day, trust administration covers the rest of the trustee’s job.

A Beneficiary’s Right to Request a Copy of the Trust

A qualified beneficiary may request a complete copy of the trust instrument. Upon reasonable request, the trustee must provide it (Fla. Stat. § 736.0813). The trust document is the rulebook. It shows what the trustee may do, who receives what, and when.

Put the request in writing. Name the trust and the settlor. State your relationship to the trust and the date of your request. Keep a copy for your records. The statute accepts several delivery methods, including first-class mail, personal delivery, delivery to the person’s last known residence or place of business, and a properly directed e-mail (Fla. Stat. § 736.0109).

Reading the instrument first helps you ask better questions. It shows who the trustees and successor trustees are, what powers they have, and how distributions are supposed to work. You can then compare what you’ve been told with what the document says.

Keep the request clear and specific.

What to Do When Notice Never Arrives

Common warning signs include no acceptance notice, no irrevocable-trust notice, no annual accounting, unanswered written requests, and distributions you don’t understand. Learning about the trust only from someone else is also a warning sign.

Florida law treats a trustee’s violation of a duty owed to a beneficiary as a breach of trust (Fla. Stat. § 736.1001). Because the notice and accounting duties are owed to qualified beneficiaries, a failure to meet them can be part of a breach of trust claim.

The statute lists remedies a court may order. The court may compel the trustee to perform duties, order an accounting, and compel the trustee to pay money or restore property. It may also reduce or deny the trustee’s compensation, remove the trustee, or order other appropriate relief.

These are options the court may use, not promised results. The trustee’s explanation and the trust’s terms can change the analysis. A claim that involves a past distribution has its own issues, covered on a separate page about suing a trustee for breach of trust after distribution.

Trust Notices and Deadlines

This section lists the remedies a court may order to remedy a breach of trust that has occurred or may occur; it does not set time limits for claims.

A “trust disclosure document” is a trust accounting or other written report of the trustee.

The start point turns on what was sent and what you knew. This is general information, and your timing questions depend on the documents you actually received. Under Fla. Stat. § 736.0109(3)(d), after a recipient signs a written authorization to receive documents by electronic posting, the sender must give notice at least annually, by means other than electronic posting and not accompanied by any other written communication, that such posting may commence a limitations period as short as 6 months even if the recipient never accesses the account, website or document, and that the authorization may be amended or revoked at any time; if that notice is not given within 380 days after the last notice, the authorization is deemed automatically revoked 380 days after the last notice is sent.

When a Trustee Moves Trust Property Into a New Trust

Some trustees move trust property into a new trust, a step often called decanting. The full rules for that step are a separate question, so this section covers only the notice side.

The notice duties in Section 736.0813 apply to the trustee of the trust. If you see a new trust name, a new instrument or a new trustee, ask what notice was given and when.

Qualified-beneficiary status depends on who receives trust income or principal under a trust’s terms. A new instrument can change those terms. That is why its wording matters to you.

Keep your questions in writing. Ask for the new instrument, the date it was signed, and any notices sent to you. Those documents show what changed and when the trustee told you about it.

Who Can Serve as Trustee and Who Owes These Duties

A trustee may be an individual, a family member, a friend or a professional. Whoever holds the role owes the notice duties. That includes a successor trustee who takes over administration.

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm itself does not serve in that role. The firm advises and represents trustees, personal representatives and beneficiaries.

When a trust and a probate estate both exist, the estate rules and the trust rules can apply side by side. Each set of rules has its own duties and deadlines.

If you hold the trustee role now, the notice duties described above apply to you. If you are a beneficiary, the same duties protect your right to information.

Talk Through Your Situation With Trust Counsel

If a parent has died, the trust has become irrevocable, and no notice, report or copy has reached you, you may be wondering whether you’re being kept out of the loop. You may also be wondering whether a clock has already started. That uncertainty is hard, and you don’t have to sort it out alone.

Trust Counsel’s attorneys can review the trust document and the papers you’ve received with you. Call (305) 707-7126 or schedule online through the contact page. The first consultation is free, confidential and carries no obligation to continue.

Trust Counsel’s only office is in Coral Gables. We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne and Aventura.

Whether a trustee has to tell beneficiaries in Florida is a question the statute answers clearly. Your next step is to find out which notices were due, and when.

Frequently Asked Questions