Background
The Florida Bar’s Probate Rules Committee submitted a fast-track report proposing amendments to Florida Probate Rules 5.122 and 5.905 in response to statutory changes enacted in chapters 2026-85 and 2026-129, Laws of Florida. Those laws took effect July 1, 2026, and the Committee approved the proposed rule changes by a 25-0-0 vote.
Rule 5.122 governs curators appointed to protect a decedent’s estate, while rule 5.905 supplies forms used to seek appointment of a guardian advocate for a person with a developmental disability. The Florida Supreme Court considered the Committee’s proposals and the corresponding legislation in this original rules proceeding.
The Court’s Holding
The court adopted the proposed amendments to both rules. Amended rule 5.122 clarifies that the court determines the amount of a curator’s bond, if any. It also requires notice of a curator’s appointment to interested persons in addition to formal notice to the person apparently entitled to letters of administration, while permitting appointment without notice to other interested persons when notice would delay the appointment and create a significant danger that estate property would be wasted, destroyed, or removed beyond the court’s jurisdiction.
The court also amended rule 5.905(a) to add Tatton-Brown-Rahman syndrome to the form’s list of disorders and syndromes constituting a developmental disability. The amendments took effect immediately upon release of the opinion. Because they were adopted without prior publication for comment, interested persons may file comments through December 29, 2026.
Key Takeaways
- Florida courts must determine the amount of bond, if any, required before issuing letters of curatorship.
- Other interested persons generally must receive notice of a curator’s appointment, subject to an emergency exception protecting estate property from significant danger.
- The guardian-advocate petition form now recognizes Tatton-Brown-Rahman syndrome as a developmental disability.
Why It Matters
The amendments align Florida’s probate procedures and guardian-advocate forms with legislation effective July 1, 2026. Probate practitioners should account for the clarified bond determination and expanded notice requirements when seeking appointment of a curator.
Attorneys handling guardian-advocacy proceedings should use the revised petition form, which now expressly includes Tatton-Brown-Rahman syndrome. The changes are already effective, although the court will accept post-adoption comments during the designated 75-day period.