Florida: Annual Trust Accounting Requirements

Requirements one by one

The ordinary duty uses three reporting triggers

Florida Statutes § 736.0813(1)(d) requires a trustee of an irrevocable trust to
send each qualified beneficiary an accounting at least annually, when the trust
terminates, and when the trustee changes. The covered period starts after the last
accounting or, if there has been none, when the trustee became accountable.

The qualified-beneficiary definition reaches three living groups: current
distributees or permissible distributees, those who would move into that position if
the current interests ended without terminating the trust, and those who would take
if the trust terminated under its terms. Section 736.0813(3) makes the code's
representation provisions applicable to those rights.

Florida prescribes a schedule-level accounting

Section 736.08135 requires a reasonably understandable report identifying the trust,
the reporting trustee, and the covered period. It must show all cash and property
transactions, significant administration transactions, trustee and agent
compensation, realized gains and losses, receipts, and disbursements.

At the period end, the accounting identifies and values assets to the extent
feasible. Each reasonably valuable asset or class has two figures: acquisition or
carrying value and estimated current value. Known noncontingent liabilities receive
an estimated current amount if known. The report also covers significant
transactions that do not change the amount for which the trustee is accountable and
shows material allocations between income and principal. A final accounting adds a
plan for undistributed assets.

Delivery is flexible, but secure posting has safeguards

Section 736.0109(1) requires a method reasonably suitable under the circumstances
and likely to result in receipt. It lists first-class mail, personal delivery,
delivery to a last known residence or business, properly directed fax or email, and
secure electronic posting.

Posting alone is effective only after the recipient signs the separate authorization
required by § 736.0109(3) and the sender follows that subsection's notice and access
rules. Ordinary beneficiary accountings are sent under these rules; §§ 736.0813 and
736.08135 do not add a routine court-filing step. If a dispute becomes a judicial
proceeding, § 736.0109(7) instead points notice and service to the Florida Rules of
Civil Procedure.

Waiver is written and prospective when withdrawn

Under § 736.0813(2), a qualified beneficiary may waive the trustee's accounting
duty. Both the waiver and a later withdrawal must be written, and withdrawal affects
only future accounting periods.

The trust terms generally cannot erase the core copy-and-accounting duty because
§ 736.0105(2)(s) places it among the code's mandatory rules. The stated exception is
for a family trust company or one of the statute's licensed variants: the trust may
limit accounting to termination, the trustee's cessation of service, or demand by a
qualified beneficiary or representative. A qualifying company also may elect the
summary financial-statement route in § 736.08135(3), but must provide requested
supporting detail within 30 days and the request tolls the applicable limitations
period until the detail is available.

Accounting disclosure and nonjudicial discharge use different clocks

Section 736.1008(2) gives a beneficiary six months to commence a breach-of-trust
proceeding concerning a matter adequately disclosed in a trust disclosure document,
measured after receipt of the disclosure document or an applicable limitation
notice, whichever is later. Its adequate-disclosure test asks whether the document
gave enough information for the beneficiary to know of a claim or reasonably inquire
into one. Undisclosed matters follow different accrual rules, and mere knowledge that
an accounting was not received does not start a limitations or laches period for the
failure-to-account claim.

Effective April 29, 2026, § 736.10081 adds a separate optional settlement route once
at least six months have passed since the trustee accepted. After termination,
resignation, or removal, a substantially compliant trustee sends the specified
disclosure document to qualified beneficiaries, any cotrustee, the immediate
successor when the trust continues, and anyone else reasonably believed affected.
The document includes trustee contact information, a distribution plan, an
accounting for any unwaived and unreported period, the termination or departure
statement, and the statutory 12-point warning.

An objection may be any written statement and need not give reasons or use a
particular form. If one arrives within the 60-day period, § 736.10081 does not apply.
Without a timely objection, discharge occurs only after the trustee completes the
distributions or transfers in the plan, and it reaches liability and claims arising
from adequately disclosed matters.

Courts have express accounting remedies

A trustee's violation of a duty owed to a beneficiary is a breach of trust under
§ 736.1001(1). The court may compel performance, order an accounting, require money
or property to redress the breach, appoint a special fiduciary, suspend or remove the
trustee, reduce or deny compensation, and grant other appropriate relief.

Section 736.1004 requires taxable costs in actions for breach of fiduciary duty or
challenges to a trustee's exercise or nonexercise of powers. Those costs include
attorney and guardian-ad-litem fees, and the court may charge them to a party's trust
interest, enter a judgment against other property, or use both routes.

What trips people up

• An annual accounting is not automatically a final release. Section 736.1008
  supplies claim periods for adequately disclosed matters, while § 736.10081 uses a
  separate disclosure, objection, plan-completion, and discharge sequence.
• The asset column needs two values when valuation is reasonably possible. A
  current-value list alone does not satisfy § 736.08135(2)(c); the report also gives
  acquisition or carrying value.
• Trustee-change and trust-termination reports are not optional “interim” reports.
  They are express triggers in § 736.0813(1)(d), separate from the annual cycle.
• The statute does not require the trustee to swear, notarize, or court-file the
  ordinary report. Delivery follows § 736.0109, while court-process service is a
  separate rule for judicial proceedings.
• The 2026 settlement route has a coverage date. Fla. Laws ch. 2026-54,
  §§ 2–3 apply only to trusts that are irrevocable or become irrevocable on or
  after April 29, 2026, when the act became law.

Common questions

Can a beneficiary ask for more than the schedules in the accounting?

Yes, within the statute's scope. Section 736.0813(1)(e) requires the trustee, on a
reasonable request, to provide a qualified beneficiary relevant information about
trust assets, liabilities, and administration. A family-trust-company summary also
carries the more specific 30-day supporting-detail right in § 736.08135(3).

Does every remote contingent beneficiary receive the annual accounting?

No. Section 736.0813(1)(d) uses “qualified beneficiary,” and § 736.0103(19) limits
that class to living beneficiaries within the current, next-line, or termination
distribution horizons on the determination date. Representation rules may affect
how a covered person's rights are exercised.

Can a beneficiary undo an accounting waiver?

Yes, in writing. Under § 736.0813(2), withdrawal is effective only for future
accounting periods, so it does not retroactively require reports for periods covered
by the waiver.

Does an objection under the 2026 procedure need legal grounds?

No. Section 736.10081(4) says the objection need not state grounds or take any
particular form, but it must be written and received within the statutory 60-day
window for that procedure.

Statutes and sources

• Fla. Stat. § 736.0103(19) — qualified-beneficiary definition. Official
  Florida Statutes
  (accessed 2026-08-09).
• Fla. Stat. § 736.0105(1), (2)(s) — default and mandatory rules for the
  copy-and-accounting duty. Official Florida
  Statutes
  (accessed 2026-08-09).
• Fla. Stat. § 736.0109(1)–(3), (5)–(7) — delivery methods, secure posting,
  electronic completion, waiver, and judicial-proceeding service. Official Florida
  Statutes
  (accessed 2026-08-09).
• Fla. Stat. § 736.0813(1)(d)–(e), (2)–(5) — recipients, annual and event
  triggers, family-trust-company exception, information right, waiver,
  representation, revocable-settlor rule, and accounting-period date. Official
  Florida Statutes
  (accessed 2026-08-09).
• Fla. Stat. § 736.08135(1)–(4) — form, contents, two-value rule, final plan,
  family-trust-company summary, supporting detail, tolling, and content dates.
  Official Florida Statutes
  (accessed 2026-08-09).
• Fla. Stat. § 736.1001(1)–(2) — breach definition and remedies. Official
  Florida Statutes
  (accessed 2026-08-09).
• Fla. Stat. § 736.1004(1)–(2) — taxable costs and payment sources. Official
  Florida Statutes
  (accessed 2026-08-09).
• Fla. Stat. § 736.1008(1)–(5) — adequate disclosure, claim periods,
  limitation notices, and final-accounting consequences. Official Florida
  Statutes
  (accessed 2026-08-09).
• Fla. Laws ch. 2026-54, §§ 1–3 — new nonjudicial settlement and discharge
  procedure, coverage, and effective-on-enactment clause. Official enrolled HB
  895; official
  bill history (both accessed
  2026-08-09; effective April 29, 2026).