Florida Guardianship Bond for a Minor Child: When It's Required and What to Ask

If you're appointed guardian of a minor's property through Florida's Probate Division under Chapter 744, you generally must file a surety bond before exercising that authority unless the court waives it or permits a restricted depository. This catches many relatives off guard — they've already paid filing fees, hired the mandatory attorney, and completed Level 2 background screening, and now there's one more financial hurdle.

When a Bond Is Required

Under Chapter 744, a bond is required for a guardian of the child's property, subject to court-approved alternatives. The main scenario:

Guardian of the Property: When a minor's net settlement or inheritance exceeds $15,000, a guardian of the property is required. Under Florida Statute Section 744.351, the court fixes the bond amount; it must be at least the cash and deposits under the guardian's control plus certain marketable notes, bonds, and readily valued and traded intangible assets belonging to the child.

Guardian of the Person: When you're appointed only as guardian of the person (daily care, housing, education, medical decisions), the property-bond requirement does not apply to that role.

Chapter 751 temporary or concurrent custody cases filed in Family Court do not require a guardianship bond at all. If you're going the Chapter 751 route — which most grandparents and relatives do — bond isn't part of the equation.

How a Guardianship Bond Works

A guardianship bond is a surety bond, not a cash deposit. You pay a premium to a bonding company (the surety), and the surety guarantees to the court that if you mismanage the child's assets, the bonding company will cover the loss up to the bond amount. Ask your attorney and the surety for a case-specific premium quote and whether the guardianship estate may pay it.

The bonding company will evaluate your personal credit history and financial stability before issuing the bond. A bankruptcy, poor credit score, or existing judgments can make it harder (and more expensive) to obtain.

Alternatives to a Bond

The court may waive the bond for compelling reasons or require a designated financial institution instead. A restricted depository is one alternative:

• Restricted depository: Instead of posting a bond, you can deposit the child's funds into a court-restricted bank account that requires a court order for any withdrawal. This eliminates the ongoing premium cost while protecting the funds.

Annual Reporting Obligations

Whether or not a bond is required, every Chapter 744 guardian must file annual reports with the court. The guardian of the property files an Annual Accounting detailing all receipts, disbursements, and current asset values. The guardian of the person files an Annual Guardianship Plan covering the child's living situation, education, medical care, and general well-being.

Missing an annual report is one of the fastest ways to get hauled back into court. The clerk tracks filing deadlines and the judge's office follows up on overdue reports.

The Simpler Path for Most Relatives

Most grandparents and relatives raising a child don't need Chapter 744 guardianship at all. If the child doesn't have significant assets to manage, Chapter 751 temporary custody in Family Court gives you the legal authority for school enrollment, medical consent, and benefits applications — without a bond, without mandatory attorney representation, and at a lower overall cost.

The Florida guardianship and custody guide includes a decision chart comparing Chapter 744 guardianship and Chapter 751 custody side by side, including bond requirements, attorney mandates, and which financial programs each pathway unlocks.

See more Florida guides →