Florida lawmakers are considering Senate Bill 326, a bill described as a way to “protect” estates — yours, your parents’, and everyone else’s. But behind the friendly language is something far more dangerous: expanded government power over private property without basic due-process protections.
Here’s the problem, in plain English.
SB 326 allows a probate judge to appoint a “curator” to take control of a deceased person’s estate …
without notifying heirs or the named executor
…simply because the court believes a delay might be harmful.
Property can be seized, managed, and billed for before families even know the court has acted.
(Note: Can you imagine this is even being considered?)
Notice and the right to be heard are not legal technicalities — they are core American principles. Emergency authority may be necessary in rare circumstances, but only when it is narrow, clearly defined, and immediately reviewed. SB 326 does the opposite. It relies on vague language like “any other proper case,” giving probate courts sweeping discretion with little accountability.
There’s another red flag lawmakers shouldn’t ignore.
The bill exempts banks and trust companies from bonding requirements that apply to individual curators. In other words, large institutions handling large sums of money face fewer safeguards than private individuals. That’s backwards — and dangerous.
Florida doesn’t have to guess how this ends. We’ve seen it before: guardianship scandals, estates drained by fees, families shut out of courtrooms while professionals get paid. The pattern is clear. When probate power expands without oversight, families lose.
Supporters claim SB 326 is about efficiency. But efficiency is not a substitute for fairness. Speed does not justify silence. Protecting estates should never mean sidelining constitutional rights.
First, do no harm should be the minimum standard for anyone writing Florida law — and SB 326 fails it completely.
This bill authorizes government control of private property without notice, without consent, and without due process, telling every Floridian their rights can be brushed aside after death and their estate taken before heirs even know it’s happening. That is not protection — it is a constitutional violation masquerading as reform.
Laws that take first and explain later have no place in a free state. SB 326 should be dead on arrival, because the Florida Constitution exists to restrain government power — not excuse its abuse.
📣 TAKE ACTION: CONTACT YOUR LEGISLATOR NOW
SB 326 is moving through the Florida Legislature. If you value due process and property rights, now is the time to speak up.
📞 Call or email your Florida legislators and tell them:
“I oppose SB 326. No Florida law should allow estates to be taken over without notice, a hearing, and equal safeguards. This bill should be stopped.”
🔎 Find your Florida House Representative:
https://www.flhouse.gov/FindYourRepresentative
🔎 Find your Florida Senator:
