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Signed into law⏱ In effect since July 1, 2026CS/HB 131 · 2026 session

Curators of Estates

Probate curator statute restructured: new appointment grounds, bond waiver, and court-ordered reporting

Approved by Governor · Chapter 2026-85
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Florida Statutes affected

s. 90.5021Fiduciary lawyer-client privilege.
s. 733.501Curators.

Side-by-side: current law vs. the bill

s. 733.501, F.S.

Current law

733.501 Curators.—

(1) When it is necessary, the court may appoint a curator after formal notice to the person apparently entitled to letters of administration

. The curator may be authorized to perform any duty or function of a personal representative.

If there is great danger that any of the decedent's property is likely to be wasted, destroyed, or removed beyond the jurisdiction of the court and if the appointment of a curator would be delayed by giving notice, the court may appoint a curator without giving notice .

(2) bond shall be required of the curator as the court deems necessary. No bond shall be required of banks and trust companies as curators.

(3) Curators shall be allowed reasonable compensation for their services, and the court may consider the provisions of s. 733.617.

(4) Curators shall be subject to removal and surcharge .

As enacted

733.501 Curators.—

(1) APPOINTMENT OF A CURATOR.—When it is necessary, the court may appoint a curator after formal notice to the person apparently entitled to letters of administration as follows:

(a) The court may appoint a curator at any time with notice to other interested persons as the court deems appropriate. The curator may be authorized to perform any duty or function of a personal representative.

(b) If there is significant danger that any of the decedent's property is likely to be wasted, destroyed, or removed beyond the jurisdiction of the court and if the appointment of a curator would be delayed by giving notice, the court may appoint a curator without giving notice to other interested persons.

(c) In any other proper case, the court may appoint a curator when deemed necessary to protect the interests of the estate or a decedent's heirs.

(2) BOND REQUIREMENTS.—Unless waived by the court, curators must post a reasonable bond in an amount to be determined by the court . However, bonds are not required for banks and trust companies that serve as curators.

(3) COMPENSATION.—Curators are allowed reasonable compensation for their services, and the court may consider s. 733.617.

(4) REMOVAL AND SURCHARGE.—Curators are subject to removal and surcharge by the court.

(5) COURT REVIEW.—

(a) The curator shall file reports with the court when the court deems it necessary. Such reports must detail the actions taken by the curator in managing the estate. The court shall review such reports to ensure that the curator is effectively managing the estate and fulfilling its duties.

(b) The court may require more frequent reporting or additional documentation as it deems necessary to protect the interests of the estate.

s. 733.501, F.S.

Current law

90.5021 Fiduciary lawyer-client privilege.—

(1) For the purpose of this section, a client acts as a fiduciary when serving as a personal representative or a trustee as defined in ss. 731.201 and 736.0103, an administrator ad litem as described in s. 733.308, a curator as described in s. 733.501, a guardian or guardian ad litem as defined in s. 744.102, a conservator as defined in s. 710.102, or an attorney in fact as described in chapter 709.

As enacted

90.5021 Fiduciary lawyer-client privilege.—

(1) For the purpose of this section, a client acts as a fiduciary when serving as a personal representative or a trustee as defined in ss. 731.201 and 736.0103, an administrator ad litem as described in s. 733.308, a curator as described in s. 733.501, a guardian or guardian ad litem as defined in s. 744.102, a conservator as defined in s. 710.102, or an attorney in fact as described in chapter 709.

Official bill page ↗

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