HB0131 • 2026

Curators of Estates

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Civil Justice & Claims Subcommittee ; Maggard ; (CO-INTRODUCERS) Valdés
Last action: 2026-05-22
Official status: Chapter No. 2026-85
Effective date: 2026-07-01

Plain English Breakdown

The bill amends Florida Statute 733.501; specific details on 'specified circumstances' for reporting rely entirely on the court's discretion as written in Section (5)(a).

New Rules for Court-Appointed Estate Managers

This law updates Florida rules on when courts can appoint a temporary manager to protect an estate, changes financial guarantee requirements so banks and trust companies do not need one, and sets new reporting duties.

What This Bill Does

Updates the conditions under which a court may appoint a curator of estates.
Removes the requirement for banks and trust companies serving as curators to post a bond.
Clarifies that only the court can remove or financially penalize (surcharge) a curator.
Requires curators to file reports with specific details about their management actions when the court decides it is necessary.
Allows courts to require more frequent reporting or additional documents if needed to protect the estate.

Who It Names or Affects

Courts that appoint temporary managers for estates
Curators appointed by the court to manage an estate
Banks and trust companies serving as curators

Terms To Know

Curator of Estates: A person or organization a court appoints to temporarily protect property when necessary.
Bond: A financial guarantee required by the court, unless waived for banks and trust companies.
Surcharge: An order from the court requiring a curator to pay back money lost due to poor management or other issues.

Limits and Unknowns

The law does not specify exact dollar amounts for bonds, leaving that decision to each court.
Reports are required only when the court deems it necessary; specific timeframes are not listed in this text.
This summary covers only the changes made by HB0131 and does not include other existing estate laws.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

603987

Committee amendment H 131 Filed • Maggard

Adopted 1/21/2026

Plain English: This amendment updates the rules for estate curators by setting new requirements for financial bonds, clarifying how they get paid and removed from their job, and requiring them to file reports with the court.

Curators must post a bond approved by the court unless it is waived, but banks and trust companies are exempt from this rule.
The text confirms that curators can receive reasonable payment for their work based on specific state laws.
Courts now have clear authority to remove a curator or charge them financially if they fail in their duties.
Curators must submit reports to the court whenever the judge decides it is necessary.

The provided text cuts off before fully explaining all details about when and how often curators must file reports, only stating that courts decide necessity.
Some original legal language was removed (lines 40-70) to make these changes, so the full context of what existed before is not visible in this amendment.

Bill History

2026-05-22 The Florida Senate and Florida House of Representatives
• Chapter No. 2026-85
2026-05-21 The Florida Senate and Florida House of Representatives
• Approved by Governor
2026-05-06 The Florida Senate and Florida House of Representatives
• Signed by Officers and presented to Governor
2026-03-05 Senate
• Withdrawn from Rules -SJ 588 • Placed on Calendar, on 2nd reading • Substituted for CS/SB 326 -SJ 588 • Read 2nd time -SJ 588 • Read 3rd time -SJ 588 • CS passed; YEAS 36 NAYS 0 -SJ 588
2026-03-05 House
• In Messages • Ordered enrolled
2026-02-18 Senate
• Referred to Rules • Received
2026-02-17 House
• Read 2nd time • Added to Third Reading Calendar • Read 3rd time • CS passed; YEAS 110, NAYS 0
2026-02-17 Senate
• In Messages
2026-02-10 House
• Bill added to Special Order Calendar (2/17/2026)
2026-01-27 House
• Favorable by Judiciary Committee • Reported out of Judiciary Committee • Bill released to House Calendar • Added to Second Reading Calendar
2026-01-23 House
• Added to Judiciary Committee agenda
2026-01-22 House
• Referred to Judiciary Committee • Now in Judiciary Committee • 1st Reading (Committee Substitute 1)
2026-01-21 House
• Favorable with CS by Civil Justice & Claims Subcommittee • Reported out of Civil Justice & Claims Subcommittee • Laid on Table under Rule 7.18(a) • CS Filed
2026-01-16 House
• Added to Civil Justice & Claims Subcommittee agenda
2026-01-13 House
• 1st Reading (Original Filed Version)
2025-10-14 House
• Referred to Civil Justice & Claims Subcommittee • Referred to Judiciary Committee • Now in Civil Justice & Claims Subcommittee
2025-10-08 House
• Filed

Official Summary Text

Curators of Estates; Revising the requirements 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; requiring a curator to file reports with the court in specified circumstances; requiring that certain details be included in such reports; requiring the court to review such reports; authorizing the court to require more frequent reporting or additional documents under certain circumstances, etc.

Current Bill Text

Read the full stored bill text

ENROLLED
CS/HB 131 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb131 -01-er
Page 1 of 3
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

1
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
17
Be It Enacted by the Legislature of the State of Florida: 18
19
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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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