Florida Senate - 2026 SB 786 By Senator Berman 26-00154B-26 2026786__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to trusts; creating s. 736.10081, 2 F.S.; authorizing a trustee to obtain a settlement of 3 his or her accounts and be discharged under certain 4 circumstances; requiring a trustee seeking settlement 5 and discharge to send a trust disclosure document to 6 specified persons; requiring that certain information 7 be included in the trust disclosure document; 8 requiring that the trust disclosure document and any 9 objections be sent with a certain notice; providing 10 applicability; providing that an objection need not 11 state the grounds for the objection; providing that a 12 trustee is discharged upon completion of distributions 13 or transfers if no timely written objections are 14 received and is discharged from all liability and 15 claims arising out of any matter disclosed in the 16 trust disclosure document; providing that a waiver of 17 the right to object is treated as an expiration of the 18 timeframe to object; providing construction; providing 19 applicability; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23

Section

Section 736.10081, Florida Statutes, is created 24 to read: 25 736.10081 Settlement and discharge of a trustee; 26 disclosure; objections.— 27

(1) A trustee who is in substantial compliance with the 28 duty to inform and account under s. 736.0813 may obtain a 29 Florida Senate - 2026 SB 786 26-00154B-26 2026786__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. settlement of his or her accounts and be discharged pursuant to 30 this

section when either of the following occurs after 6 months 31 after the trustee’s acceptance: 32 (

a) The trust terminates. 33 (

b) A trustee resigns or is removed from the trust. 34

(2) A trustee seeking settlement and discharge pursuant to 35 this

section must send to the trust’s qualified beneficiaries 36 and any cotrustee, and the immediate successor trustee if the 37 trust is not terminating, a trust disclosure document as defined 38 in s. 736.1008(4) which contains all of the following: 39 (

a) The name, mailing address, telephone number, and e-mail 40 address of the trustee seeking discharge. 41 (

b) A plan of distribution which includes all of the 42 following: 43 1. A

schedule of the assets reasonably anticipated to be 44 disbursed or distributed by the trustee. 45 2. The amount of any debts, expenses, and taxes to be paid 46 by the trustee. 47 3. Any reasonable reserve to be held by the trustee. 48 (

c) If the trustee’s duty to account has not been waived, a 49 trust accounting as defined in s. 736.1008(4) for the period for 50 which an accounting has not been previously provided to the 51 qualified beneficiaries of the trust. 52 (

d) A statement that the trust has terminated or that the 53 trustee has resigned or has been removed. 54 (

e) A notice with substantially the following language in 55 at least 12-point type: 56 57 “NOTICE: Any claim or cause of action you might have 58 Florida Senate - 2026 SB 786 26-00154B-26 2026786__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. against the trustee arising from any matter disclosed 59 in a trust disclosure document may be barred unless a 60 written statement objecting is received by the trustee 61 from you within 60 days after your receipt of this 62 trust disclosure document and notice. If you have 63 questions, please consult your attorney.” 64 65

(3) The trustee shall also send the trust disclosure 66 document described in subsection (2) to any other person who the 67 trustee reasonably believes would be affected by the trust 68 disclosure document. The trust disclosure document and any 69 objections must be sent with the notice requirements of s. 70 736.0109, except that s. 736.0109(3) does not apply. 71

(4) This

section does not apply if the trustee receives a 72 written objection within 60 days after sending the trust 73 disclosure document. An objection does not need to state the 74 grounds for the objection or be in any particular form. 75

(5) If the trustee does not receive a timely written 76 objection, the trustee is discharged upon completion of all 77 distributions or transfers in accordance with the plan of 78 distribution and is discharged from all liability and claims 79 arising from any matter adequately disclosed in the trust 80 disclosure document, including any claim that the trustee failed 81 to inform and account pursuant to s. 736.0813, with the same 82 effect as if the court had entered a final order approving that 83 act or omission. 84

(6) A waiver of the right to object pursuant to this 85

section is treated as the expiration of the 60-day period 86 without objection. 87 Florida Senate - 2026 SB 786 26-00154B-26 2026786__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions.

(7) This

section is in addition to, and not a replacement 88 of, rights of a trustee to otherwise settle the trustee’s 89 accounts. 90

Section 2. This act applies to all trusts that are 91 irrevocable or become irrevocable on or after the effective date 92 of this act. 93

Section 3. This act shall take effect upon becoming a law. 94