IN RE: AMENDMENTS TO FLORIDA PROBATE RULES - 2026 LEGISLATION

Supreme Court of Florida

No. SC2026-1351

IN RE: AMENDMENTS TO FLORIDA PROBATE RULES - 2026 LEGISLATION.

October 15, 2026

PER CURIAM.

In response to recent legislation, The Florida Bar's Probate Rules Committee has filed a “fast-track" report proposing amendments to Florida Probate Rules 5.122 (Curators) and 5.905 (Form for Petition; Notice; and Order for Appointment of Guardian Advocate of the Person).¹ After considering the Committee's proposals and the relevant legislation, we amend rules 5.122 and 5.905 as proposed

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e).

by the Committee. The more significant amendments are discussed below.

Rule 5.122 is amended to clarify that the amount of bond to be posted by curators, if any, must be determined by the court. The amendment further clarifies that in addition to the formal notice given to the person entitled to letters of administration, notice of the appointment of a curator must also be given to other interested persons, except when giving notice to other interested persons would delay the appointment of the curator and there is a significant danger that the delay would result in the decedent's property being wasted, destroyed, or removed beyond the court's jurisdiction. This is consistent with section 733.501, Florida Statutes, as amended by chapter 2026-85, section 1, Laws of Florida.

Next, we amend rule 5.905(a) to add “Tatton-Brown-Rahman syndrome" to the list of disorders and syndromes that constitute a developmental disability. This change is consistent with section 393.063(11), Florida Statutes, as amended by chapter 2026-129, section 1, Laws of Florida.

Accordingly, the Florida Probate Rules are amended as

reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type.

The amendments shall take effect immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons have 75 days from the date of this opinion to file comments with the Court.2

It is so ordered.

COURIEL, C.J., and LABARGA, MUÑIZ, GROSSHANS, FRANCIS, BARRIOS, and TANENBAUM, JJ., concur.

2. All comments must be filed with the Court on or before

December 29, 2026, with a certificate of service verifying that a copy has been served on the Committee Co-Chairs, Marve Ann M. Alaimo, Porter Wright Morris & Arthur LLP, 9132 Strada Place, Suite 301, Naples, Florida, 34108, [email protected], and J. Allison Archbold, Archbold Law Firm, P.A., 1217 South Tamiami Trail, Sarasota, Florida 34239, [email protected], and on the Bar Staff Liaison to the Committee, Heather Telfer, 651 East Jefferson Street, Tallahassee, Florida 32399, [email protected], as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until January 19, 2027, to file a response to any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Probate Rules

Marve Ann M. Alaimo, Co-Chair, Probate Rules Committee, Naples, Florida, J. Allison Archbold, Co-Chair, Probate Rules Committee, Sarasota, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, and Heather Savage Telfer, Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

APPENDIX

RULE 5.122. CURATORS

(a) Petition for Appointment. The petition for appointment of a curator must be verified and must contain: (1) - (7) [No Change]

The court may appoint a curator sua sponte to protect the interests of the estate or a decedent's heirs.

(b) Appointment. Before letters of curatorship are issued, the curator must file a designation of resident agent and acceptance, and an oath, as is required for personal representatives under these rules, and the court must determine the amount of bond, if any, required. The court must issue letters of curatorship that state the entitlement of the curator to possess or control all or part of the decedent's property, which the court may enforce through contempt proceedings.

(c) Notice. (1) Formal notice must be given to the person apparently entitled to letters, if any. (2) Notice must be given to other interested persons. (3) If it is likelyIf there is significant danger that the decedent's property will 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 with formal notice to the person apparently entitled to letters, but without notice to other interested persons.

(d) - (g) [No Change]

Committee Notes

[No Change]

Rule History

1988 Revision - 2003 Revision: [No Change]

2026 Revision: Subdivisions (a), (b), and (c) amended to address 2026 legislative changes to section 733.501, Florida Statutes. Subdivision (d) amended to require that the order state whether a curator is granted the authority by the court to address any demand filed under rules 5.240 and 5.241. Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.235 Issuance of letters, Bond. Fla. Prob. R. 5.240 Notice of administration. Fla. Prob. R. 5.241 Notice to creditors. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service.

RULE 5.905. FORM FOR PETITION; NOTICE; AND ORDER FOR APPΟΙΝΤΜΕNT OF GUARDIAN ADVOCATE

OF THE PERSON

(a) Petition.

FORM FOR USE IN PETITION FOR AΡΡΟΙΝΤΜENT OF

GUARDIAN ADVOCATE OF THE PERSON

UNDER FLORIDA PROBATE RULE 5.649

In the Circuit Court of the Circuit, in and for County, Florida Probate Division Case No. Judicial

In Re: Guardianship Advocacy of Respondent's Name Person with Developmental Disability

PETITION FOR APPΟΙΝΤΜΕΝNT OF

GUARDIAN ADVOCATE OF THE PERSON

Petitioner, , files this petition under section 393.12, Florida Statutes, and Florida Probate Rule 5.649 and alleges that:

1. The petitioner, proposed guardian advocate

.....(name)....., is years of age, whose residential address is and post office address is The relationship of the petitioner to the respondent is 2. .....(Respondent's name)..... is a person with a developmental disability who was born on years of age, who resides in is and who County,

Florida. The residential address of the respondent is address is and the post office

3. The petitioner believes that respondent needs a guardian

advocate: a. due to the following developmental disability: ( ) i. intellectual disability; ( ) ii cerebral palsy; ( ) iii. autism; ( ) iv. spina bifida; ( ) v. Down syndrome; ( ) vi. Phelan-McDermid syndrome;-өғ ( ) vii. Prader-Willi syndrome,; or ( ) viii. Tatton-Brown-Rahman syndrome, which manifested before the age of 18. b. The developmental disability has resulted in the following substantial handicaps:

4. The exact areas in which the person with the

developmental disability lacks the ability to make informed decisions about the person's care and treatment services or to meet the essential requirements for the person's physical health or safety are as follows: ( ) a. to apply for government benefits; ( ) b. to determine residency; ( ) c. to consent to medical and mental health

treatment; ( ) d. to make decisions about social environment/social aspects of life; ( ) e. to make decisions regarding education; and ( ) f. to bring an independent action for support.

5. There are no alternatives to guardian advocacy, such as

trust agreements, powers of attorney, designation of health care surrogate, or other advanced directive, known to petitioner that would sufficiently address the problems of the respondent in whole or in part. Thus, it is necessary that a guardian advocate be appointed to exercise some but not all of the rights of respondent.

6. The names and addresses of the next of kin of the

respondent are: Name Address Relationship

7. The proposed guardian advocate .....(name)....., whose residence address is address is , and whose post office is over the age of 18 and otherwise qualified under the laws of the State of Florida to act as guardian advocate of the person of respondent. The proposed guardian advocate is not a professional guardian. The relationship of the proposed guardian advocate with the providers of health care services, residential services, or other services to the respondent is (if none, indicate: NONE):

8. a. The petitioner(s) allege(s) that to their knowledge, information, and belief, the respondent has or has NOT executed an advance directive under chapter 765, Florida Statutes, (designated health case surrogate or other advance

directive) or a durable power of attorney under chapter 709, Florida Statutes.

b. The petitioner(s) also allege(s) to the petitioner's knowledge, information, and belief, the respondent, has or has NOT executed a supported decisionmaking agreement under section 709.2209, Florida Statutes.

c. The petitioner(s) allege(s) that the respondent has the documents referenced in subdivisions 8.a. or 8.b., but the documents are insufficient to meet the needs of the respondent because: (Do not complete if the respondent does not have the documents referenced in subdivisions 8.a. and 8.b.)

9. (If a Co-Guardian Advocate sought, complete this paragraph.) Petitioner requests that be appointed co-guardian advocate of the person of respondent. The proposed co-guardian advocate .....(name)....., who is years of age, whose residence is , whose post office address is is over the age of 18 and otherwise qualified under the laws of the State of Florida to act as guardian advocate of the person of respondent. The proposed co-guardian advocate is not a professional guardian. The relationship of the proposed co-guardian advocate with the providers of health care services, residential services, or other services to the respondent is (if none, indicate: NONE):

The relationship and previous association of the proposed coguardian advocate to the respondent is The proposed co-guardian advocate should be appointed because:

Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief.

Signed .....(date)......

Signature: Proposed Guardian Advocate Name: Address: Phone Number: E-mail Address:

Signature: Proposed Co-Guardian Advocate Name: Address: Phone Number: E-mail Address:

(b) - (c) [No Change]