SB 326 — Curators of Estates

Florida Senate - 2026 CS for SB 326 By Senatorthe BurgessCommittee 23-00290A-26on 2026326__Judiciary; A bill to be entitled An act relating to curators of estates;

and Senator Burgess 590-02446-26 2026326c1 A bill to be entitled An act relating to curators of estates;

revising the requirementsauthorization for a court to appoint a curator of estates;

providingrevising authoritybond andrequirements dutiesfor of a curator;curator of estates;

requiringclarifying awho curatormay tosubject post a reasonablecurator bond,of determinedestates byto theremoval court;and surcharge;

providingrequiring ana exception;curator to file reports with the court in specified circumstances;

providing that a curator is subject to removal and surcharge by the court;

requiring a curator to file periodic reports with the court;

The curator may be authorized to perform any duty or function of a Pagepersonal 1representative. of 4 CODING:

Page 1 of 3 CODING:

Florida Senate - 2026 CS for SB 326 23-00290A-26590-02446-26 2026326__2026326c1 personal(b) representative.If there is significant 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 to other interested persons.

(b)(c) IfIn there is significant great danger that any ofother theproper decedent’scase, property is likely to be wasted, destroyed, or removed beyond the jurisdiction of the court andmay ifappoint the appointment of a curator wouldwhen bedeemed delayednecessary byto givingprotect notice, the courtinterests mayof appointan aestate curatoror withouta givingdecedent’s noticeheirs. to other interested persons.

(c)(2) InBOND anyREQUIREMENTS.—Unless otherwaived properby case, the courtcourt, maycurators appointmust post a curatorreasonable whenbond deemedin necessaryan amount to protectbe thedetermined interestsby of the estatecourt. or a decedent’s heirs.

(2)However, AUTHORITYbonds ANDare DUTIESnot OFrequired THEfor CURATOR.—banks (a)and Thetrust curatorcompanies hasthat theserve sameas authoritycurators andBond powersshall asbe setrequired forthof inthe thiscurator part.as the court deems necessary.

(b)No Withinbond ashall reasonablebe timerequired afterof thebanks curator’s appointment by the court, the curator must take possession and controltrust ofcompanies theas estatecurators. of the decedent in any of the following circumstances:

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

When a decedent dies intestate in the county without heirs.

2.

When a decedent dies leaving a will, and the personal representative named is absent or fails to qualify.

3.

When an unknown decedent dies or is found dead in the county.

4.

For any other cause in which the court finds it necessary to protect the estate from injury, waste, theft, loss, or mismanagement.

(c) The curator shall act as trustee when appointed by the court Bond shall be required of the curator as the court deems necessary.

No bond shall be required of banks and trust Page 2 of 4 CODING:

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words underlined are additions.

Florida Senate - 2026 SB 326 23-00290A-26 2026326__ companies as curators.

(3) 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.

(4) COMPENSATION.—Curators are shall be allowed reasonable compensation for their services, and the court may consider the provisions of s.

(5)(4)(4) REMOVAL AND SURCHARGE.—Curators are shall be subject to removal and surcharge by the court.

(6)(5) PERIODIC COURT REVIEW.— (a) The curator shall file reports with the court.court when the court deems it necessary.

SectionPage 2.2 of 3 CODING:

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words underlined are additions.

Florida Senate - 2026 CS for SB 326 590-02446-26 2026326c1 Section 2.

Page744.102, 3a ofconservator 4as CODING:defined in s.

Words stricken are deletions;

words underlined are additions.