FloridaTrustees can settle accounts outside court if recipients do not object
Trustees managing irrevocable trusts can settle accounts outside court after required disclosures, no timely written objection, and completion of planned transfers.
What it does
Trustees who largely met their reporting duties can settle outside court when their role or trust ends after six months, unless a timely written objection arrives. Claims over adequately disclosed matters end when planned transfers finish.
Trustees seeking protection must send the required recipients a plan showing assets, payments, and reserves. They must also warn that failing to object in writing can block claims.
Argument forSettling accounts outside court could help trustees finish their work more easily when recipients do not object to adequately disclosed matters.
Argument againstPeople receiving disclosures could lose claims over disclosed problems if they miss the deadline to object in writing.
More detail
Trustees can settle their accounts outside court and gain protection from claims over adequately disclosed matters. This process covers irrevocable trusts when the trust ends or its trustee resigns or is removed, at least six months after accepting the role. It also covers trusts becoming irrevocable on or after the law's effective date. The trustee must have substantially met the duty to keep beneficiaries informed and provide accounts. A timely written objection blocks this process. It needs no explanation or special form. Protection requires completion of all planned distributions or transfers and covers only adequately disclosed matters. Giving up the right to object counts as letting the objection period expire. The objection rule allows 60 days from sending the disclosure, but the required notice says 60 days from receipt. These rules took effect when the act became law.
A trustee seeking this protection must send a disclosure explaining the planned payments and transfers. Recipients include beneficiaries entitled to this notice, any other trustee, and anyone the trustee reasonably believes would be affected. A continuing trust's immediate replacement trustee also receives it. The disclosure must include contact details, planned asset transfers, debts, expenses, taxes, and any reasonable reserve. It must include an account of any previously unreported period unless the duty to provide accounts was waived. It must state that the trust ended or the trustee resigned or was removed. A warning in at least 12-point type must explain that failing to object can bar claims.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 30Chapter No. 2026-54Latest
- Apr 29Approved by Governor Ron DeSantisBecame Law
- Apr 21Signed by Officers and presented to GovernorTo Governor
- Feb 26Ordered enrolledMinor
- Vote recorded Third Reading. Result: pass.Upper
- Feb 26In Messages
- Feb 26Immediately certified
- Feb 26Passed; YEAS 37 NAYS 0Passed Senate
- Feb 26Read 3rd timeMinor
- Feb 26Read 2nd timeMinor
- Feb 26Substituted for CS/SB 786
- Feb 26Placed on Calendar, on 2nd reading
- Feb 26Withdrawn from RulesMajor
- Feb 18ReceivedMinor
- Feb 18Referred to RulesMinor
- Feb 17In Messages
- Vote recorded Passage, Third Reading. Result: pass.Lower
- Feb 17Passed as amended; YEAS 110, NAYS 0Passed House
- Feb 17Read 3rd timeMinor
- Feb 17Added to Third Reading Calendar
- Feb 17Amendment 322807 adopted
- Feb 17Read 2nd timeMinor
- Feb 10Bill added to Special Order Calendar (2/17/2026)
- Jan 27Added to Second Reading Calendar
- Vote recorded Favorable (Judiciary Committee). Result: pass.Lower
- Jan 27Bill released to House Calendar
- Jan 27Reported out of Judiciary Committee
- Jan 27Favorable by Judiciary CommitteeMinor
- Jan 23Added to Judiciary Committee agenda
- Jan 22Now in Judiciary Committee
- Jan 22Reported out of Insurance & Banking Subcommittee
- Jan 21Favorable by Insurance & Banking SubcommitteeMinor
- Vote recorded Favorable (Insurance & Banking Subcommittee). Result: pass.Lower
- Jan 16Added to Insurance & Banking Subcommittee agenda
- Jan 14Now in Insurance & Banking Subcommittee
- Vote recorded Favorable (Civil Justice & Claims Subcommittee). Result: pass.Lower
- Jan 14Reported out of Civil Justice & Claims Subcommittee
- Jan 14Favorable by Civil Justice & Claims SubcommitteeMinor
- Jan 131st Reading (Original Filed Version)Minor
- Jan 12Added to Civil Justice & Claims Subcommittee agenda
- Jan 5Now in Civil Justice & Claims Subcommittee
- Jan 5Referred to Judiciary CommitteeMinor
- Jan 5Referred to Insurance & Banking SubcommitteeMinor
- Jan 5Referred to Civil Justice & Claims SubcommitteeMinor
- 2025
- Dec 23FiledIntroduced