Florida Senate - 2026 SB 326
By Senator Burgess
23-00290A-26 2026326__
1 A bill to be entitled
2 An act relating to curators of estates; amending s.
3 733.501, F.S.; revising the requirements for a court
4 to appoint a curator of estates; providing authority
5 and duties of a curator; requiring a curator to post a
6 reasonable bond, determined by the court; providing an
7 exception; providing that a curator is subject to
8 removal and surcharge by the court; requiring a
9 curator to file periodic reports with the court;
10 requiring that certain details be included in such
11 reports; requiring the court to review such reports;
12 authorizing the court to require more frequent
13 reporting or additional documents under certain
14 circumstances; reenacting s. 90.5021(1), F.S.,
15 relating to fiduciary lawyer-client privilege, to
16 incorporate the amendment made to s. 733.501, F.S., in
17 a reference thereto; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 733.501, Florida Statutes, is amended to
22 read:
23 733.501 Curators.—
24 (1) APPOINTMENT OF A CURATOR.—When it is necessary, the
25 court may appoint a curator after formal notice to the person
26 apparently entitled to letters of administration as follows:
27 (a) The court may appoint a curator at any time with notice
28 to other interested persons as the court deems appropriate. The
29 curator may be authorized to perform any duty or function of a
30 personal representative.
31 (b) If there is significant great danger that any of the
32 decedent’s property is likely to be wasted, destroyed, or
33 removed beyond the jurisdiction of the court and if the
34 appointment of a curator would be delayed by giving notice, the
35 court may appoint a curator without giving notice to other
36 interested persons.
37 (c) In any other proper case, the court may appoint a
38 curator when deemed necessary to protect the interests of the
39 estate or a decedent’s heirs.
40 (2) AUTHORITY AND DUTIES OF THE CURATOR.—
41 (a) The curator has the same authority and powers as set
42 forth in this part.
43 (b) Within a reasonable time after the curator’s
44 appointment by the court, the curator must take possession and
45 control of the estate of the decedent in any of the following
46 circumstances:
47 1. When a decedent dies intestate in the county without
48 heirs.
49 2. When a decedent dies leaving a will, and the personal
50 representative named is absent or fails to qualify.
51 3. When an unknown decedent dies or is found dead in the
52 county.
53 4. For any other cause in which the court finds it
54 necessary to protect the estate from injury, waste, theft, loss,
55 or mismanagement.
56 (c) The curator shall act as trustee when appointed by the
57 court Bond shall be required of the curator as the court deems
58 necessary. No bond shall be required of banks and trust
59 companies as curators.
60 (3) BOND REQUIREMENTS.—Unless waived by the court, curators
61 must post a reasonable bond in an amount to be determined by the
62 court. However, bonds are not required for banks and trust
63 companies that serve as curators.
64 (4) COMPENSATION.—Curators are shall be allowed reasonable
65 compensation for their services, and the court may consider the
66 provisions of s. 733.617.
67 (5)(4) REMOVAL AND SURCHARGE.—Curators are shall be subject
68 to removal and surcharge by the court.
69 (6) PERIODIC COURT REVIEW.—
70 (a) The curator shall file reports with the court. Such
71 reports must detail the actions taken by the curator in managing
72 the estate. The court shall review such reports to ensure that
73 the curator is effectively managing the estate and fulfilling
74 its duties.
75 (b) The court may require more frequent reporting or
76 additional documentation as it deems necessary to protect the
77 interests of the estate.
78 Section 2. For the purpose of incorporating the amendment
79 made by this act to section 733.501, Florida Statutes, in a
80 reference thereto, subsection (1) of section 90.5021, Florida
81 Statutes, is reenacted to read:
82 90.5021 Fiduciary lawyer-client privilege.—
83 (1) For the purpose of this section, a client acts as a
84 fiduciary when serving as a personal representative or a trustee
85 as defined in ss. 731.201 and 736.0103, an administrator ad
86 litem as described in s. 733.308, a curator as described in s.
87 733.501, a guardian or guardian ad litem as defined in s.
88 744.102, a conservator as defined in s. 710.102, or an attorney
89 in fact as described in chapter 709.
90 Section 3. This act shall take effect July 1, 2026.