Can I require my sibling as executor to provide bank statements and trust records? - Florida
The Short Answer
Yes—often you can. In Florida, beneficiaries and other “interested persons” generally have rights to receive estate inventories/accountings from a personal representative (executor), and qualified trust beneficiaries have statutory rights to trust information and accountings from a trustee.
Whether you can demand bank statements specifically (versus a formal accounting summary) depends on whether you’re dealing with a probate estate, a trust, or both—and what your legal status is in each.
What Florida Law Says
Florida treats executors (called “personal representatives”) and trustees as fiduciaries. That means they must administer assets for the benefit of the proper beneficiaries and provide required disclosures and accountings. The key is identifying whether your sibling is acting as a personal representative in a probate case, a trustee of a trust, or both—because different rules apply.
The Statute
The primary law governing a trustee’s obligation to share trust information is Fla. Stat. § 736.0813.
This statute establishes that a trustee must keep qualified beneficiaries reasonably informed, provide a copy of the trust instrument upon reasonable request, provide accountings (generally at least annually for irrevocable trusts), and provide relevant information about trust assets and administration upon reasonable request.
On the probate side, Florida law also addresses inventories and accountings in estate administrations. For example, estate inventories and accountings filed in the probate case are confidential but must be disclosed to an “interested person,” among others. See Fla. Stat. § 733.604.
If you want more background on how these disputes commonly play out, you may also find helpful: Can I force an executor to disclose estate account information in Florida? and Can a Trust Beneficiary Demand a Full Trust Accounting (Including Asset Values) in Florida?.
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying them to your situation is rarely simple. Legal outcomes often depend on:
- Who you are legally: Trust rights under § 736.0813 are tied to whether you are a qualified beneficiary. Probate disclosure can depend on whether you qualify as an “interested person” under the Probate Code.
- What records you can compel: A fiduciary may provide a formal accounting that summarizes transactions rather than turning over every monthly bank statement—unless the law, the trust terms, or a court order requires more detail.
- Confidentiality and privilege issues: Some information may be restricted, and fiduciaries often involve counsel—raising disputes about what must be disclosed and what can be withheld.
When a fiduciary refuses to provide appropriate information, the remedy typically involves formal legal action in probate court or trust litigation—done incorrectly, it can delay distributions, increase costs, or weaken your position. A Florida probate attorney can evaluate your status, identify what you’re entitled to receive, and pursue court relief if necessary.
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.