In short: Florida’s Trust Code puts trustees on a schedule: notices to beneficiaries within 60 days, and accountings at least once a year once the trust is irrevocable. Those same documents can start a clock against the beneficiaries. When a trust accounting adequately discloses a problem and comes with a limitation notice, a beneficiary generally has six months to sue over it.
The Rule
Section 736.0813 requires a trustee to keep the qualified beneficiaries reasonably informed about the trust and its administration. While the trust is revocable, those duties run only to the settlor. Once the trust becomes irrevocable, usually at the settlor’s death, they run to the beneficiaries.
Section 736.08135 says what a trust accounting must contain. Section 736.1008 sets the deadlines for a beneficiary to sue the trustee for breach of trust, and ties those deadlines to what the trustee disclosed.
The Trustee’s Deadlines
- Within 60 days after accepting the trust, the trustee must notify the qualified beneficiaries of the acceptance and give the trustee’s name and address (section 736.0813(1)(a)).
- Within 60 days after learning that a trust became irrevocable, the trustee must tell the qualified beneficiaries the trust exists, who the settlor was, that they may request a copy of the trust instrument, and that they have a right to accountings (section 736.0813(1)(b)).
- The trustee must account to each qualified beneficiary of an irrevocable trust at least annually, at termination of the trust, and when the trustee changes (section 736.0813(1)(d)). A beneficiary may waive accountings in writing and may later withdraw the waiver for future periods.
- On reasonable request, the trustee must give a qualified beneficiary a complete copy of the trust instrument and relevant information about the trust’s assets, liabilities and administration (section 736.0813(1)(c) and (e)).
What an Accounting Must Show
Under section 736.08135, an accounting must be a reasonably understandable report covering the period since the last accounting. It identifies the trust, the trustee and the period; shows all cash and property transactions, including the trustee’s compensation and payments to agents; lists the assets at the end of the period with both carrying value and estimated current value where feasible; and shows how receipts and expenses were split between income and principal when that affects a beneficiary. A final accounting includes a plan for distributing what is left.
How the Six-Month Clock Works
Section 736.1008(2) bars a breach-of-trust claim over a matter that was adequately disclosed in a trust disclosure document unless the beneficiary sues within six months after receiving that document or the limitation notice, whichever came later. A trust disclosure document is a trust accounting or any other written report from the trustee. A limitation notice is a written statement that a claim based on a disclosed matter may be barred unless it is brought within six months.
The key word is “adequately.” A matter is adequately disclosed when the document gives the beneficiary enough information to know of a possible claim or to know that he or she should look into it. Matters that were not adequately disclosed fall under the longer chapter 95 limitations periods instead.
There are outer limits too. Section 736.1008(6) sets statutes of repose of 10, 20 and 40 years depending on what the beneficiary knew, with a 30-year extension when the trustee actively concealed the facts.
What the Cases Show
In Turkish v. Brody, No. 3D14-1819 (Fla. 3d DCA Nov. 30, 2016), a trustee’s 2008 accounting disclosed a transaction involving a promissory note but not that the note was essentially worthless. The Third District held that was not adequate disclosure, so the six-month bar did not apply and the beneficiary’s breach of fiduciary duty claims were not time-barred.
Corya v. Sanders, Nos. 4D12-3067 and 4D12-3926 (Fla. 4th DCA Feb. 11, 2015), dealt with how far back a trustee had to account. The Legislature then amended section 736.1008 in 2018 (ch. 2018-35). Section 736.1008(3) now says a beneficiary’s knowledge that he or she has not received an accounting does not start a limitations or laches period on a claim for the trustee’s failure to account.
Common Mistakes
- Trustees who never send the 60-day notices or annual accountings. Skipping them does not save trouble; it leaves the trustee exposed to claims far longer.
- Accountings that list a transaction but leave out the facts that make it a problem. As Turkish shows, that may not count as adequate disclosure.
- Beneficiaries who receive an accounting with a limitation notice and set it aside. Six months passes quickly.
- Assuming that a long silence ends the beneficiary’s right to demand an accounting. Since 2018, knowing you have not been given one does not start the clock on that claim.
Lessons
- Trustees: send the required notices and annual accountings, and disclose bad facts plainly. A complete accounting with a limitation notice is your best protection.
- Beneficiaries: read every accounting when it arrives, and calendar six months from receipt if it contains a limitation notice.
- If something in an accounting looks wrong or incomplete, ask questions in writing and get advice before the deadline, not after.
- Whether a disclosure was adequate is a fact question that depends on what the document actually said.
Source: Sections 736.0813, 736.08135 and 736.1008, Florida Statutes (2026); Turkish v. Brody, Nos. 3D14-1819 & 3D14-38 (Fla. 3d DCA Nov. 30, 2016); Corya v. Sanders, Nos. 4D12-3067 & 4D12-3926 (Fla. 4th DCA Feb. 11, 2015).
Watch the Video
This short video walks through the trustee’s notice and accounting duties and the six-month adequate disclosure deadline. The statutes and cases are linked above.
⚖️📊 Florida Trust Accounting Deadlines Explained: Statutes + Adequate Disclosure + Key Florida Cases
Go Deeper
- The Trust Lawsuit Deadline Nobody Warns You About — Florida § 736.1008
- Florida Trustee Duties and Beneficiary Rights: Accountings, Self-Dealing, and the 6-Month Deadline
- Dramatic Changes to Florida's Trust Code- Annual Accounting REQUIRED (Ding Dong Corya Dead)
Frequently Asked Questions
How often must a Florida trustee provide an accounting?
At least once a year to each qualified beneficiary of an irrevocable trust, plus at termination and when the trustee changes, under section 736.0813(1)(d). A beneficiary can waive accountings in writing and later withdraw the waiver.
How long do I have to sue a trustee in Florida?
If a trust accounting or other written report adequately disclosed the problem and you received a limitation notice, generally six months under section 736.1008(2). Otherwise, the chapter 95 limitations periods apply, subject to the statutes of repose in section 736.1008(6).
What is adequate disclosure in a Florida trust accounting?
Information sufficient for the beneficiary to know of a possible claim or to know to look into it. In Turkish v. Brody, an accounting that disclosed a note but not that it was essentially worthless was not adequate, so the six-month bar did not apply.
Does a trustee have to account while the settlor is alive?
While a trust is revocable, the trustee’s duties to inform and account run only to the settlor under section 736.0813(4). The duties to the beneficiaries begin when the trust becomes irrevocable, usually at the settlor’s death.
Talk to a Florida trust litigation lawyer
Weidner Law, P.A. handles Florida trust disputes and probate appeals from St. Petersburg. If you need a trust litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
