Duties · 7 min read
Who is a qualified beneficiary?
The statute's information rights run mostly to qualified beneficiaries — defined in §736.0103 to include living beneficiaries who currently receive or could receive distributions, and those who would if the current interests or the trust ended. Working out who fits the definition for a particular trust is fact-specific, and getting the list right shapes every notice that follows.
What the statute names
Within 60 days after acceptance, §736.0813(1)(a) generally calls for notice of the acceptance and the trustee's contact information. Within 60 days after learning that a formerly revocable trust became irrevocable by the settlor's death, paragraph (1)(b) generally calls for notice of the trust's existence, the settlor's identity, the right to request a complete copy of the trust instrument, and the right to accountings — together with the fiduciary-lawyer-privilege notice the paragraph describes.
Beyond those set pieces, paragraph (1)(d) entitles qualified beneficiaries to relevant information about the trust's assets and liabilities and the particulars of administration on reasonable request, and paragraph (1)(e) ties into the annual trust accounting described in §736.08135.
Why the record matters
§736.1008 links limitations periods for beneficiary claims to adequate disclosure in trust disclosure documents. In plain terms: what was disclosed, to whom, and when can determine how long questions stay open. Many trustees keep a dated record of every notice and accounting for exactly this reason — and a licensed Florida attorney can confirm how the limitation rules apply to a particular trust's facts.
Common questions
Who must a Florida trustee keep informed?
Generally the trust's qualified beneficiaries as defined in §736.0103 — the statute's notice and accounting rights largely run to that group.
What is the 60-day notice after a settlor's death?
§736.0813(1)(b) generally provides that within 60 days of learning the trust became irrevocable by death, the trustee give notice of the trust's existence, the settlor's identity, the right to request a copy of the instrument, and the right to accountings.
Can beneficiaries waive accountings?
§736.0813 contemplates waiver of certain rights by a beneficiary, and trust terms interact with the statute in ways that differ by trust — a question for a licensed Florida attorney reading the actual instrument.
Ask about this topic
These pre-written questions open the guided assistant with the question filled in — you review it and press send yourself. The assistant explains Florida law generally with cited sources; it does not give advice about your situation, and your question allowance applies.
Related reading
The Learning Center is general information about Florida law — not legal advice, and not a substitute for advice from a licensed Florida attorney about your specific facts. TrusteeClear is software, not a law firm.
Frequently asked questions
- Who must a Florida trustee keep informed?
- Generally the trust's qualified beneficiaries as defined in §736.0103 — the statute's notice and accounting rights largely run to that group.
- What is the 60-day notice after a settlor's death?
- §736.0813(1)(b) generally provides that within 60 days of learning the trust became irrevocable by death, the trustee give notice of the trust's existence, the settlor's identity, the right to request a copy of the instrument, and the right to accountings.
- Can beneficiaries waive accountings?
- §736.0813 contemplates waiver of certain rights by a beneficiary, and trust terms interact with the statute in ways that differ by trust — a question for a licensed Florida attorney reading the actual instrument.
General information about Florida law, not legal advice.