Florida Probate Bonds,
Handled Simply.

Probate matters in Florida are handled by the Probate Division of the Circuit Court. Each of Florida's 67 counties sits within one of the state's 20 judicial circuits, and the Circuit Court in the county where the decedent lived has jurisdiction over the administration of decedents' estates, guardianships, trusts, and determinations of incapacity.

The governing statutes for fiduciary bonds are found in Florida Statutes Chapter 733. Section 733.402 sets the bond requirement, and Section 733.403 governs how the court fixes the bond amount. Florida Probate Rule 5.235, which covers issuance of letters and bond, sets out how the bond is filed and approved by the clerk of court.

Florida uses a single title for the estate fiduciary. Under Florida Statutes 731.201(29), the person who administers an estate is called the personal representative, whether the decedent died with a will (testate) or without a will (intestate). This replaces the separate executor and administrator titles used in many other states. Florida imposes no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.

Florida has no fixed statutory formula for the bond amount. Under Florida Statutes 733.403, the court sets the penal sum it deems sufficient after weighing several factors:

• Gross value of the estate: The starting point is the total value of the assets that will pass through probate and come under the personal representative's control.
• Relationship to beneficiaries: The court considers how closely the personal representative is related to the people who inherit, since a sole heir serving as personal representative poses less risk to others.
• Exempt property and family allowance: Property that is exempt from creditor claims under Florida Statutes 732.402 (such as household furnishings up to $20,000 and two motor vehicles) and any statutory family allowance are factored out of the at-risk amount.
• Type and nature of assets: Liquid assets such as cash and securities carry more risk than assets that cannot be easily moved, so the mix of assets affects the figure.
• Known creditors, liens, and encumbrances: Debts, mortgages, and liens reduce the net value the bond needs to protect.

As a practical matter, many Florida circuits treat $18,000 as a working minimum, because that is the largest bond available at the minimum premium charged by sureties. Some clerks of court, including Pinellas County in the Sixth Circuit and Clay County in the Fourth Circuit, publish bond charts that tie the required penal sum to the gross value of the estate. The judge may raise or lower the bond at any time as the value of the estate becomes clearer.

Florida law treats the bond as the default and provides specific paths to waive or reduce it under Florida Statutes 733.402 and the Florida Probate Rules:

• Waiver by the will: Under Florida Statutes 733.402(1), the bond is not required if the will waives it. Most Florida wills prepared by an attorney direct that no bond be required of the personal representative.
• Waiver by the court: Under Florida Statutes 733.402(4), on petition by any interested person or on its own motion, the court may waive the bond. Courts often grant this when all beneficiaries sign written waivers and the estate poses little risk.
• Court discretion to require a bond anyway: Even when the will waives the bond, Florida Statutes 733.402(4) and the Florida Probate Rules let the judge require one if the judge believes it is needed to protect the estate. A will waiver is not an absolute guarantee against a bond.
• Banks and trust companies: Under Florida Statutes 733.402(3), a bank or trust company authorized to act as a personal representative is exempt from the bond requirement.
• Nonresident personal representatives: Under Florida Statutes 733.402(2), a personal representative who lives outside Florida must post a bond even if the will waives it, unless that person is related to the decedent by lineal consanguinity. Some circuits go further. The Seventeenth Judicial Circuit, for example, requires every nonresident personal representative to post a bond.
• Deposit in lieu of bond: Under Florida Statutes 69.031, the judge may order the estate's intangible assets deposited with an approved bank or trust company for safekeeping. The personal representative still directs those assets, but removing them requires court approval, which can reduce or replace the bond. The personal representative files periodic accountings of those assets.

Filing a Florida probate bond follows the process set by Florida Statutes Chapter 733 and the Florida Probate Rules:

• Filed before Letters issue: Under Florida Statutes 733.402(1), the personal representative executes and files the bond before the court issues Letters of Administration. The personal representative cannot act until the bond is filed and approved.
• Approved by the clerk: The clerk of the Circuit Court approves the bond without charging a service fee. The bond is payable to the Governor and conditioned on the faithful performance of the personal representative's duties, and it must be joint and several between the personal representative and the surety.
• Surety as defined by statute: The bond must be written by a surety as defined in Florida Statutes 45.011, which means a corporate surety authorized to do business in Florida or qualified individual sureties.
• Inventory of estate assets: Under Florida Statutes 733.604, the personal representative files a verified inventory listing estate property at fair market value as of the date of death within the time the court prescribes. If newly discovered assets increase the estate value, the court may increase the bond.
• Personal signature required: Florida Probate Rule 5.330 requires the personal representative to personally sign inventories, accountings, and the petition for discharge, which underscores personal responsibility for accurate reporting.
• Bond stays in force: The bond remains in effect until the court discharges the personal representative after the estate is fully administered and the final accounting is approved.

The cost of a Florida probate bond is a premium paid annually to the surety company. The premium is a small percentage of the bond amount and depends on the size of the bond and the applicant's credit profile.

• Typical rate range: Most Florida probate bonds are priced at roughly 0.5% to 1% of the bond amount per year for well-qualified applicants. A $100,000 bond commonly costs between $500 and $1,000 per year.
• Minimum premium: Many sureties charge a minimum premium of about $100 to $150, which typically covers bonds up to the $18,000 working minimum used by many Florida courts.
• Credit impact: Applicants with strong credit generally qualify for the lowest rates. Applicants with weaker credit may pay a higher rate or be asked to provide collateral.
• Annual renewal: Florida estates and guardianships often run for more than one year, so the premium is charged annually until the court discharges the fiduciary. First-year premiums are usually fully earned, and sureties may prorate later years when an estate closes early.
• Example costs: A $50,000 personal representative bond commonly costs about $250 to $500 per year. A $250,000 guardian bond commonly costs about $1,250 to $2,000 per year. A $500,000 estate bond commonly costs about $2,500 to $4,000 per year.
• Premium as an estate expense: Florida courts generally allow the bond premium to be paid from estate assets as a reasonable cost of administration, so it does not usually come out of the personal representative's own pocket.

Beyond the standard personal representative, guardian, and trustee bonds, Florida probate practice uses several additional bond types:

• Curator Bond: Under Florida Statutes 733.501, when estate property needs protection before a personal representative is appointed, the court may appoint a curator to safeguard assets. The curator must post a bond set by the court for this temporary role.
• Guardian Bond: Under Florida Statutes 744.351, a guardian appointed over the property of a minor or an incapacitated person must post a bond. The bond amount reflects the value of the ward's assets under the guardian's control.
• Emergency Temporary Guardian Bond: Florida courts may appoint an emergency temporary guardian to act quickly when a person is at immediate risk. That appointee can be required to post a bond on the same principles that apply to a permanent guardian.
• Ancillary Personal Representative Bond: When a person who lived in another state dies owning property in Florida, an ancillary administration is opened under Florida Statutes Chapter 734. The ancillary personal representative may be required to post a Florida bond covering the Florida assets.
• VA Fiduciary Bond: A fiduciary appointed to manage benefits for a veteran is subject to both Florida court requirements and federal Department of Veterans Affairs oversight, and the bond may reflect both the probate estate and the benefits under management.

Florida regulates professional guardians more closely than many states. Professional guardians are overseen by the Office of Public and Professional Guardians within the Florida Department of Elder Affairs under Florida Statutes Chapter 744.

• Registration: A person who serves as guardian for two or more people who are not relatives is a professional guardian and must register with the Office of Public and Professional Guardians.
• Education and examination: Professional guardians must complete required education hours and pass a competency examination before serving.
• Background and credit screening: Professional guardians must pass state and national criminal background screening and a credit investigation as a condition of registration.
• Blanket fiduciary bond: Under Florida Statutes 744.351, a professional guardian must maintain a blanket fiduciary bond covering all of the wards served, in addition to any case-specific bond a court may set.
• Corporate fiduciaries: Banks and trust companies authorized to act as personal representative are exempt from the personal representative bond under Florida Statutes 733.402(3), although a court may still require a bond in a guardianship.
• Annual accountings: Professional and family fiduciaries alike must file annual accountings with the court, and the bond stays in force while those duties continue.

• Alachua, Circuit Court, Probate Division (Gainesville)
• Baker, Circuit Court, Probate Division (Macclenny)
• Bay, Circuit Court, Probate Division (Panama City)
• Bradford, Circuit Court, Probate Division (Starke)
• Brevard, Circuit Court, Probate Division (Titusville)
• Broward, Circuit Court, Probate Division (Fort Lauderdale)
• Calhoun, Circuit Court, Probate Division (Blountstown)
• Charlotte, Circuit Court, Probate Division (Punta Gorda)
• Citrus, Circuit Court, Probate Division (Inverness)
• Clay, Circuit Court, Probate Division (Green Cove Springs)
• Collier, Circuit Court, Probate Division (Naples)
• Columbia, Circuit Court, Probate Division (Lake City)
• DeSoto, Circuit Court, Probate Division (Arcadia)
• Dixie, Circuit Court, Probate Division (Cross City)
• Duval, Circuit Court, Probate Division (Jacksonville)
• Escambia, Circuit Court, Probate Division (Pensacola)
• Flagler, Circuit Court, Probate Division (Bunnell)
• Franklin, Circuit Court, Probate Division (Apalachicola)
• Gadsden, Circuit Court, Probate Division (Quincy)
• Gilchrist, Circuit Court, Probate Division (Trenton)
• Glades, Circuit Court, Probate Division (Moore Haven)
• Gulf, Circuit Court, Probate Division (Port St. Joe)
• Hamilton, Circuit Court, Probate Division (Jasper)
• Hardee, Circuit Court, Probate Division (Wauchula)
• Hendry, Circuit Court, Probate Division (LaBelle)
• Hernando, Circuit Court, Probate Division (Brooksville)
• Highlands, Circuit Court, Probate Division (Sebring)
• Hillsborough, Circuit Court, Probate Division (Tampa)
• Holmes, Circuit Court, Probate Division (Bonifay)
• Indian River, Circuit Court, Probate Division (Vero Beach)
• Jackson, Circuit Court, Probate Division (Marianna)
• Jefferson, Circuit Court, Probate Division (Monticello)
• Lafayette, Circuit Court, Probate Division (Mayo)
• Lake, Circuit Court, Probate Division (Tavares)
• Lee, Circuit Court, Probate Division (Fort Myers)
• Leon, Circuit Court, Probate Division (Tallahassee)
• Levy, Circuit Court, Probate Division (Bronson)
• Liberty, Circuit Court, Probate Division (Bristol)
• Madison, Circuit Court, Probate Division (Madison)
• Manatee, Circuit Court, Probate Division (Bradenton)
• Marion, Circuit Court, Probate Division (Ocala)
• Martin, Circuit Court, Probate Division (Stuart)
• Miami-Dade, Circuit Court, Probate Division (Miami)
• Monroe, Circuit Court, Probate Division (Key West)
• Nassau, Circuit Court, Probate Division (Fernandina Beach)
• Okaloosa, Circuit Court, Probate Division (Crestview)
• Okeechobee, Circuit Court, Probate Division (Okeechobee)
• Orange, Circuit Court, Probate Division (Orlando)
• Osceola, Circuit Court, Probate Division (Kissimmee)
• Palm Beach, Circuit Court, Probate Division (West Palm Beach)
• Pasco, Circuit Court, Probate Division (Dade City)
• Pinellas, Circuit Court, Probate Division (Clearwater)
• Polk, Circuit Court, Probate Division (Bartow)
• Putnam, Circuit Court, Probate Division (Palatka)
• Santa Rosa, Circuit Court, Probate Division (Milton)
• Sarasota, Circuit Court, Probate Division (Sarasota)
• Seminole, Circuit Court, Probate Division (Sanford)
• St. Johns, Circuit Court, Probate Division (St. Augustine)
• St. Lucie, Circuit Court, Probate Division (Fort Pierce)
• Sumter, Circuit Court, Probate Division (Bushnell)
• Suwannee, Circuit Court, Probate Division (Live Oak)
• Taylor, Circuit Court, Probate Division (Perry)
• Union, Circuit Court, Probate Division (Lake Butler)
• Volusia, Circuit Court, Probate Division (DeLand)
• Wakulla, Circuit Court, Probate Division (Crawfordville)
• Walton, Circuit Court, Probate Division (DeFuniak Springs)
• Washington, Circuit Court, Probate Division (Chipley)