Florida Probate Rules on Curator Bonds and Notice Became Effective October 15, 2026

If you ask a Florida court to appoint a curator, or you prepare guardian advocacy papers for a person with a developmental disability, two rule updates now apply in your filings. On October 15, 2026, the Florida Supreme Court released In re Amendments to Florida Probate Rules - 2026 Legislation, No. SC2026-1351. The Court amended Florida Probate Rules 5.122 and 5.905 to match chapters 2026-85 and 2026-129, Laws of Florida. The amendments took effect immediately when the opinion was released.

Who Is Affected

These changes matter to you if:

• You petition for appointment of a curator under section 733.501 of the Florida Statutes

• You serve as or advise a curator while estate property needs protection

• You prepare petitions for guardian advocacy of the person under Rule 5.905

• You represent families seeking guardian advocacy based on a developmental disability listed in section 393.063

Key Changes

Curator bond amount sits with the court. Amended Rule 5.122(b) now says that before letters of curatorship issue, the court must determine the amount of bond, if any, required. That tracks section 733.501(2) as amended by chapter 2026-85. Unless the court waives bond, curators must post a reasonable bond in an amount the court sets. Banks and trust companies that serve as curators still do not have to post a bond.

Notice to other interested persons is clearer. Rule 5.122(c) still requires formal notice to the person apparently entitled to letters. It now also requires notice to other interested persons. The emergency exception remains, with updated wording. If there is significant danger that the decedent's property will be wasted, destroyed, or removed beyond the court's jurisdiction, and giving notice to other interested persons would delay the appointment, the court may appoint a curator with formal notice to the person entitled to letters but without notice to those other persons. The prior rule text used "likely" for that emergency standard. The statute and rule now use "significant danger," matching chapter 2026-85's shift from "great danger."

Guardian advocacy form adds Tatton-Brown-Rahman syndrome. Rule 5.905(a) is the form petition for appointment of a guardian advocate of the person. The developmental disability checklist now includes Tatton-Brown-Rahman syndrome as an eighth option, after Prader-Willi syndrome. That matches section 393.063(11) as amended by chapter 2026-129, which added the syndrome to the statutory definition of developmental disability.

Practical Implications

If you seek a curatorship, ask the court to set or waive bond in the proposed order, and plan notice to other interested persons unless you can show the emergency exception. Do not assume bond is optional unless the court waives it or the curator is a bank or trust company.

If you already use Rule 5.122 forms updated after the October 1, 2026 curator amendments, revise the bond and notice sections again so they match this October 15 order.

If you file guardian advocacy petitions, update the Rule 5.905 checklist so Tatton-Brown-Rahman syndrome appears as its own option. The Court left a 75 day comment window through December 29, 2026, because this was a fast-track adoption without prior publication for comment.