Florida SB 326: Curators of Estates

Bill Text

326 
Curators of Estates 
2026-02-04T03:06:44Z 
Revising the authorization for a court to appoint a curator of estates; revising bond requirements for a curator of estates; clarifying who may subject a curator of estates to removal and surcharge; authorizing the court to require more frequent reporting or additional documents under certain circumstances, etc. 
Committee Substitute 1 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
c1 

 Florida Senate - 2026 CS for SB 326 

 By the Committee on Judiciary; and Senator Burgess 

 590-02446-26 2026326c1 
 1 A bill to be entitled 
 2 An act relating to curators of estates; amending s. 
 3 733.501, F.S.; revising the authorization for a court 
 4 to appoint a curator of estates; revising bond 
 5 requirements for a curator of estates; clarifying who 
 6 may subject a curator of estates to removal and 
 7 surcharge; requiring a curator to file reports with 
 8 the court in specified circumstances; requiring that 
 9 certain details be included in such reports; requiring 
 10 the court to review such reports; authorizing the 
 11 court to require more frequent reporting or additional 
 12 documents under certain circumstances; reenacting s. 
 13 90.5021(1), F.S., relating to fiduciary lawyer-client 
 14 privilege, to incorporate the amendment made to s. 
 15 733.501, F.S., in a reference thereto; providing an 
 16 effective date. 
 17 
 18 Be It Enacted by the Legislature of the State of Florida: 
 19 
 20 Section 1. Section 733.501, Florida Statutes, is amended to 
 21 read: 
 22 733.501 Curators.— 
 23 (1) APPOINTMENT OF A CURATOR.—When it is necessary, the 
 24 court may appoint a curator after formal notice to the person 
 25 apparently entitled to letters of administration as follows: 
 26 (a) The court may appoint a curator at any time with notice 
 27 to other interested persons as the court deems appropriate. The 
 28 curator may be authorized to perform any duty or function of a 
 29 personal representative. 
 30 (b) If there is significant great danger that any of the 
 31 decedent’s property is likely to be wasted, destroyed, or 
 32 removed beyond the jurisdiction of the court and if the 
 33 appointment of a curator would be delayed by giving notice, the 
 34 court may appoint a curator without giving notice to other 
 35 interested persons. 
 36 (c) In any other proper case, the court may appoint a 
 37 curator when deemed necessary to protect the interests of an 
 38 estate or a decedent’s heirs. 
 39 (2) BOND REQUIREMENTS.—Unless waived by the court, curators 
 40 must post a reasonable bond in an amount to be determined by the 
 41 court. However, bonds are not required for banks and trust 
 42 companies that serve as curators Bond shall be required of the 
 43 curator as the court deems necessary. No bond shall be required 
 44 of banks and trust companies as curators. 
 45 (3) COMPENSATION.—Curators are shall be allowed reasonable 
 46 compensation for their services, and the court may consider the 
 47 provisions of s. 733.617. 
 48 (4) REMOVAL AND SURCHARGE.—Curators are shall be subject to 
 49 removal and surcharge by the court. 
 50 (5) COURT REVIEW.— 
 51 (a) The curator shall file reports with the court when the 
 52 court deems it necessary. Such reports must detail the actions 
 53 taken by the curator in managing the estate. The court shall 
 54 review such reports to ensure that the curator is effectively 
 55 managing the estate and fulfilling its duties. 
 56 (b) The court may require more frequent reporting or 
 57 additional documentation as it deems necessary to protect the 
 58 interests of the estate. 
 59 Section 2. For the purpose of incorporating the amendment 
 60 made by this act to section 733.501, Florida Statutes, in a 
 61 reference thereto, subsection (1) of section 90.5021, Florida 
 62 Statutes, is reenacted to read: 
 63 90.5021 Fiduciary lawyer-client privilege.— 
 64 (1) For the purpose of this section, a client acts as a 
 65 fiduciary when serving as a personal representative or a trustee 
 66 as defined in ss. 731.201 and 736.0103, an administrator ad 
 67 litem as described in s. 733.308, a curator as described in s. 
 68 733.501, a guardian or guardian ad litem as defined in s. 
 69 744.102, a conservator as defined in s. 710.102, or an attorney 
 70 in fact as described in chapter 709. 
 71 Section 3. This act shall take effect July 1, 2026.