Florida HB 131: Curators of Estates

Bill Text

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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An act relating to curators of estates; amending s. 2
733.501, F.S.; revising the requirements for a court 3
to appoint a curator of estates; revising bond 4
requirements for a curator of estates; clarifying who 5
may subject a curator of estates to removal and 6
surcharge; requiring a curator to file reports with 7
the court in specified circumstances; requiring that 8
certain details be included in such reports; requiring 9
the court to review such reports; authorizing the 10
court to require more frequent reporting or additional 11
documents under certain circumstances; reenacting s. 12
90.5021(1), F.S., relating to fiduciary lawyer-client 13
privilege, to incorporate the amendment made to s. 14
733.501, F.S., in a reference thereto; providing an 15
effective date. 16
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Be It Enacted by the Legislature of the State of Florida: 18
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Section 1. Section 733.501, Florida Statutes, is amended 20
to read: 21
733.501 Curators.— 22
(1) APPOINTMENT OF A CURATOR.—When it is necessary, the 23
court may appoint a curator after formal notice to the person 24
apparently entitled to letters of administration as follows: 25

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(a) The court may appoint a curator at any time with 26
notice to other interested persons as the court deems 27
appropriate. The curator may be authorized to perform any duty 28
or function of a personal representative. 29
(b) If there is significant great danger that any of the 30
decedent's property is likely to be wasted, destroyed, or 31
removed beyond the jurisdiction of the court and if the 32
appointment of a curator would be delayed by giving notice, the 33
court may appoint a curator without giving notice to other 34
interested persons. 35
(c) In any other proper case, the court may appoint a 36
curator when deemed necessary to protect the interests of the 37
estate or a decedent's heirs. 38
(2) BOND REQUIREMENTS.—Unless waived by the court, 39
curators must post a reasonable bond in an amount to shall be 40
determined by required of the curator as the court deems 41
necessary. However, bonds are not No bond shall be required for 42
of banks and trust companies that serve as curators. 43
(3) COMPENSATION.—Curators are shall be allowed reasonable 44
compensation for their services, and the court may consider the 45
provisions of s. 733.617. 46
(4) REMOVAL AND SURCHARGE.—Curators are shall be subject 47
to removal and surcharge by the court. 48
(5) COURT REVIEW.— 49
(a) The curator shall file reports with the court when the 50

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CS/HB 131 2026 Legislature

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

court deems it necessary. Such reports must detail the actions 51
taken by the curator in managing the estate. The court shall 52
review such reports to ensure that the curator is effectively 53
managing the estate and fulfilling its duties. 54
(b) The court may require more frequent reporting or 55
additional documentation as it deems necessary to protect the 56
interests of the estate. 57
Section 2. For the purpose of incorporating the amendment 58
made by this act to section 733.501, Florida Statutes, in a 59
reference thereto, subsection (1) of section 90.5021, Florida 60
Statutes, is reenacted to read: 61
90.5021 Fiduciary lawyer-client privilege.— 62
(1) For the purpose of this section, a client acts as a 63
fiduciary when serving as a personal representative or a trustee 64
as defined in ss. 731.201 and 736.0103, an administrator ad 65
litem as described in s. 733.308, a curator as described in s. 66
733.501, a guardian or guardian ad litem as defined in s. 67
744.102, a conservator as defined in s. 710.102, or an attorney 68
in fact as described in chapter 709. 69
Section 3. This act shall take effect July 1, 2026. 70