THE BILL ITSELF
CS/SB 786
Trusts
Florida Senate - 2026 CS for SB 786 By the Committee on Judiciary; and Senator Berman 590-02448-26 2026786c1
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A bill to be entitled
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An act relating to trusts; creating s. 736.10081,
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F.S.; authorizing a trustee to obtain a settlement of
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his or her accounts and be discharged under certain
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circumstances; requiring a trustee seeking settlement
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and discharge to send a trust disclosure document to
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specified persons; requiring that certain information
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be included in the trust disclosure document;
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requiring that the trust disclosure document and any
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objections be sent with a certain notice; providing
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applicability; providing that an objection need not
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state the grounds for the objection; providing that a
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trustee is discharged upon completion of distributions
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or transfers if no timely written objections are
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received and is discharged from all liability and
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claims arising out of any matter disclosed in the
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trust disclosure document; providing that a waiver of
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the right to object is treated as an expiration of the
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timeframe to object; providing construction; providing
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applicability; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 736.10081, Florida Statutes, is created
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to read:
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736.10081 Nonjudicial settlement and discharge of a
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trustee; disclosure; objections.—
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(1) A trustee who is in substantial compliance with the
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duty to inform and account under s. 736.0813 may obtain a
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settlement of his or her accounts and be discharged pursuant to
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this section when either of the following occurs 6 months after
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the trustee’s acceptance:
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(a) The trust terminates.
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(b) A trustee resigns or is removed from the trust.
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(2) A trustee seeking settlement and discharge pursuant to
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this section must send to the trust’s qualified beneficiaries
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and any cotrustee, and the immediate successor trustee if the
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trust is not terminating, a trust disclosure document as defined
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in s. 736.1008(4) which contains all of the following:
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(a) The name, mailing address, telephone number, and e-mail
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address of the trustee seeking discharge.
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(b) A plan of distribution which includes all of the
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following:
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1. A schedule of the assets reasonably anticipated to be
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disbursed or distributed by the trustee.
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2. The amount of any debts, expenses, and taxes to be paid
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by the trustee.
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3. Any reasonable reserve to be held by the trustee.
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(c) If the trustee’s duty to account has not been waived, a
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trust accounting as defined in s. 736.1008(4) for the period for
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which an accounting has not been previously provided to the
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qualified beneficiaries of the trust.
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(d) A statement that the trust has terminated or that the
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trustee has resigned or has been removed.
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(e) A notice with substantially the following language in
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at least 12-point type:
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“NOTICE: Any claim or cause of action you might have
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against the trustee arising from any matter disclosed
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in a trust disclosure document may be barred unless a
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written statement objecting is received by the trustee
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from you within 60 days after your receipt of this
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trust disclosure document and notice. If you have
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questions, please consult your attorney.”
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(3) The trustee shall also send the trust disclosure
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document described in subsection (2) to any other person whom
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the trustee reasonably believes would be affected by the trust
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disclosure document. The trust disclosure document and any
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objections must be sent with the notice requirements of s.
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736.0109, except that s. 736.0109(3) does not apply.
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(4) This section does not apply if the trustee receives a
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written objection within 60 days after sending the trust
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disclosure document. An objection does not need to state the
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grounds for the objection or be in any particular form.
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(5) If the trustee does not receive a timely written
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objection, the trustee is discharged upon completion of all
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distributions or transfers in accordance with the plan of
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distribution and is discharged from all liability and claims
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arising from any matter adequately disclosed in the trust
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disclosure document, including any claim that the trustee failed
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to inform and account pursuant to s. 736.0813, with the same
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effect as if the court had entered a final order approving that
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act or omission.
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(6) A waiver of the right to object pursuant to this
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section is treated as the expiration of the 60-day period
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without objection.
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(7) This section is in addition to, and not a replacement
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of, rights of a trustee to otherwise settle the trustee’s
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accounts.
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Section 2. This act applies to all trusts that are
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irrevocable or become irrevocable on or after the effective date
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of this act.
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Section 3. This act shall take effect upon becoming a law.