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FL H0895

FL H0895
Trustee Settlement and Discharge


summary

Introduced
12/23/2025
In Committee
02/18/2026
Crossed Over
02/17/2026
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

An act relating to trustee settlement and discharge; creating s. 736.10081, F.S.; authorizing a trustee to obtain a settlement of his or her accounts and be discharged under certain circumstances; requiring a trustee seeking settlement and discharge to send a trust disclosure document to specified persons; requiring that certain information be included in the trust disclosure document; requiring that the trust disclosure document and any objections be sent with a certain notice; providing applicability; providing that an objection need not state the grounds for the objection; providing that a trustee is discharged upon completion of distributions or transfers if no timely written objections are received and is discharged from all liability and claims arising out of any matter disclosed in the trust disclosure document; providing that a waiver of the right to object is treated as an expiration of the timeframe to object; providing construction; providing applicability; providing an effective date.

AI Summary

This bill creates a new process for trustees to settle their accounts and be discharged from their duties, allowing them to be released from liability for actions taken during their tenure. A trustee can initiate this process six months after accepting their role if the trust has ended or if they are resigning or have been removed. To do so, the trustee must send a "trust disclosure document" to the trust's beneficiaries and other relevant parties, which includes their contact information, a plan for distributing assets, details about debts and expenses, and a statement that the trust has terminated or the trustee is leaving. Crucially, this document must include a notice warning recipients that any claims against the trustee related to the disclosed matters may be barred if a written objection is not received within 60 days. If no timely objection is filed, the trustee is discharged from all liability for matters adequately disclosed in the document once distributions are complete, similar to a court-approved settlement. This process is in addition to existing methods for trustees to settle their accounts and applies to trusts that are irrevocable on or after the bill's effective date.

Committee Categories

Business and Industry, Justice

Sponsors (4)

Last Action

Received (on 02/18/2026)

bill text


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