Florida Chapter 744 Minor Guardianship in Probate Court
When Chapter 744 Applies Instead of Chapter 751
Most grandparents and relatives seeking custody of a child in Florida file under Chapter 751 in family court. But there are two situations where the case must go through the Probate and Guardianship Division under Chapter 744 instead:
Guardian of the Person — Both parents are deceased, incarcerated, judicially deprived of parental rights, or otherwise legally unavailable, and no prior family court custody order exists. Someone needs court authority to make decisions about the child's daily care, housing, education, and medical treatment.
Guardian of the Property — The child is due to receive money (from a personal injury settlement, wrongful death claim, insurance payout, or inheritance) that exceeds $15,000 in net value. Even a biological parent cannot manage more than $15,000 of a minor's personal property without a court appointment under Chapter 744.
If the parents are alive and at least one is available — even if they are uncooperative — Chapter 751 temporary custody in family court is almost always the right path, not Chapter 744.
The Attorney Requirement You Cannot Avoid
Here is the single most important distinction between Chapter 744 and Chapter 751: Florida Probate Rule 5.030(a) requires every guardian appointed under Chapter 744 to be represented by a licensed Florida attorney unless the guardian is a Florida attorney. Pro se self-representation is not permitted in a Chapter 744 minor guardianship case.
This rule catches many caregivers off guard. The state does not publish pro se self-help form packets for Chapter 744 minor guardianships because a guardian must be represented by counsel unless the guardian is a licensed Florida attorney.
If you cannot afford an attorney, contact your local legal aid organization through FloridaLawHelp.org. Legal aid clinics handle minor guardianship cases for qualifying low-income families at no cost.
What the Probate Process Looks Like
Once you retain an attorney, the guardianship process follows these steps:
- Petition filing — Your attorney files a Petition to Appoint Guardian of Minor in the appropriate Probate and Guardianship Division of the circuit court.
- Background checks — Level 2 FBI fingerprinting and FDLE criminal background checks are mandatory for all non-lawyer guardians under § 744.3135. If you are seeking guardianship of the child's property, a credit history check is also required.
- Hearing — The probate judge reviews the petition, confirms the parents' unavailability, and evaluates whether the appointment serves the child's best interests.
- Letters of Guardianship — If approved, the judge signs Letters of Guardianship, which serve as your legal authority. This is different from Chapter 751, where you receive a court order instead of letters.
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Post-Appointment Duties
Chapter 744 guardians carry ongoing fiduciary obligations that Chapter 751 custodians do not:
- Oath and Resident Agent — Execute a notarized Oath of Guardian and designate a Resident Agent in the county within the timeframe set by the court
- Guardian Education — Complete an 8-hour mandatory education course within 4 months of appointment (biological parents appointed as property guardians take a 4-hour course instead)
- Initial Inventory — File an inventory of the child's assets within 60 days of receiving Letters of Guardianship
- Annual Reports — Guardians of the person file an Annual Guardianship Plan covering the child's living conditions, health, and schooling. Guardians of the property file an Annual Accounting of all expenditures.
Annual plans and accountings are required. Follow the court's reporting deadlines and the instructions provided for your case.
Chapter 744 vs. Chapter 751 at a Glance
| Feature | Chapter 751 (Family Court) | Chapter 744 (Probate Court) |
|---|---|---|
| Self-representation | Permitted | Not permitted unless the guardian is a Florida attorney |
| Parents must be unavailable | No — can file even if parents are alive | For a guardian of the person, both parents must be deceased or legally unavailable; property guardianship is a separate process that may be required for assets over $15,000 |
| Background checks | At court discretion | Mandatory Level 2 FBI/FDLE |
| Ongoing court reporting | None | Annual reports required |
| Proof of authority | Certified copy of court order | Letters of Guardianship |
If you are trying to figure out which court pathway fits your situation, our Florida Guardianship and Custody Guide includes a decision flowchart that walks through every scenario — from both parents consenting to a parent being deceased or in prison.
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