Your Trustee Won’t Show You Documents? That’s Already a Violation of Florida Law

If your Florida trustee won’t send you accountings, won’t tell you what’s in the trust, and won’t confirm the trust even exists — that is not just difficult behavior. That is already a violation of Florida law.

Florida Statute §736.0813: The Duty to Inform and Account

This statute is one of the most powerful beneficiary protections in the entire Florida Trust Code. It requires every Florida trustee to: notify qualified beneficiaries of the trust’s existence and their right to receive a copy of the trust document; keep qualified beneficiaries reasonably informed about the trust and its administration; respond to reasonable requests for information; and provide annual accountings to all qualified beneficiaries.

These duties are not suggestions. They are mandatory legal requirements. “Annually. In writing. No exceptions.”

What a Required Florida Trust Accounting Must Include

A proper Florida trust accounting must include: the beginning and ending trust assets; all receipts (income, contributions, asset sales); all disbursements (expenses, distributions, fees); the identity and value of all trust assets at the end of the accounting period; and the trustee’s compensation for the period. An accounting that omits material information or is otherwise inadequate is not sufficient to trigger the shortened limitations period under §736.1008.

What Happens When a Trustee Refuses to Provide Accountings

A Florida trustee who refuses to provide required accountings can be compelled by court order. Florida courts regularly grant petitions to compel accounting — and when they do, the trustee is under court order to produce the information. Failure to comply with a court order can result in contempt of court, sanctions, and in serious cases, removal of the trustee.

The Remedies Available to Beneficiaries

Beneficiaries whose trustees have failed to fulfill the duty to inform and account have powerful remedies:

• Court-ordered production of accountings — the most immediate remedy
• Trustee removal — courts can remove trustees who persistently fail to account
• Surcharge — trustees can be held personally liable for losses caused by their failure to account
• Attorney’s fees — courts can award attorney’s fees payable from the trustee’s personal assets

The First Step: Make a Written Demand

Before filing a petition with the court, beneficiaries should make a formal written demand for the information they are entitled to under Florida law. This demand should be specific, reference the applicable statute, and set a reasonable deadline for response. A trustee who fails to respond to a proper written demand is in a much weaker position when the beneficiary subsequently files a court petition.

Frequently Asked Questions

How often must a Florida trustee provide an accounting?

Under Florida Statute §736.0813, a trustee must provide an accounting to qualified beneficiaries at least annually. The accounting must be in writing and must include sufficient detail to allow beneficiaries to evaluate the trustee’s management of the trust.

Can a trustee charge fees for providing an accounting?

No. The duty to account is a core fiduciary obligation — not a service for which the trustee charges extra. Reasonable trustee compensation is determined by the trust document and applicable Florida law, and the cost of preparing accountings is part of the normal duties included in that compensation.

What if the trustee says the trust doesn’t require annual accountings?

Trust documents can modify the default accounting requirements in some ways — for example, they can waive certain notice requirements for certain beneficiaries, or provide for accountings less frequently in limited circumstances. However, no trust provision can completely eliminate the trustee’s fundamental duty to keep beneficiaries informed. If a trustee is using trust language to justify refusing all information to all beneficiaries, that interpretation should be challenged.