Effective July 1, 2026, Florida probate courts are allowed more flexibility when appointing curators. Curators are court-appointed fiduciaries who serve to temporarily protect or manage estate property during the time when no personal representative has been appointed. They may also manage estate property when the personal representative appointed cannot continue serving or must be replaced.
The new law empowers probate courts to:
- Appoint a curator at any time, with notice to interested persons as the court considers appropriate.
- Appoint a curator without prior notice when there is a significant risk that estate assets may be wasted, destroyed, concealed, or removed from the court’s jurisdiction and providing notice would delay the appointment.
- Appoint a curator in other appropriate circumstances when necessary to protect the estate or preserve the rights of the decedent’s heirs.
These 2026 Florida probate law changes give the courts greater flexibility in protecting estates during the probate process, especially during times when immediate action is necessary or prior to a personal representative being appointed. This expansion in authority ensures the security of the estate assets during the progression of the administration of the estate.
If you are seeking to administer an estate in Florida, contact the attorneys at Bach, Jacobs, & Byrne, P.A. at (941) 906-1231.
