Curators of Estates

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 CURAT
OR.—
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.