Florida Statutes
Fla. Stat. § 744.3678 (2025)
Annual accounting.
✓ 2025 Florida Statutes — current through the 2025 Regular Session Cite as: Fla. Stat. § 744.3678 (2025)
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744.3678 Annual accounting.—
(1) Each guardian of the property must file an annual accounting with the court.
(2) The annual accounting must include:
(a) A full and correct account of the receipts and disbursements of all of the ward’s property over which the guardian has control and a statement of the ward’s property on hand at the end of the accounting period. This paragraph does not apply to any property or any trust of which the ward is a beneficiary but which is not under the control or administration of the guardian.
(b) A copy of the annual or year-end statement of all of the ward’s cash accounts from each of the institutions where the cash is deposited.
(3) The guardian must obtain a receipt, canceled check, or other proof of payment for all expenditures and disbursements made on behalf of the ward. The guardian must preserve all evidence of payment, along with other substantiating papers, for a period of 3 years after his or her discharge. The receipts, proofs of payment, and substantiating papers need not be filed with the court but shall be made available for inspection and review at the time and place and before the persons as the court may order.
(4) The guardian shall pay from the ward’s estate to the clerk of the circuit court a fee based upon the following graduated fee schedule, upon the filing of the annual financial return, for the auditing of the return:
(a) For estates with a value of $25,000 or less the clerk of the court may charge a fee of up to $20, from which the clerk shall remit $5 to the Department of Revenue for deposit into the General Revenue Fund.
(b) For estates with a value of more than $25,000 up to and including $100,000 the clerk of the court may charge a fee of up to $85, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund.
(c) For estates with a value of more than $100,000 up to and including $500,000 the clerk of the court may charge a fee of up to $170, from which the clerk shall remit $20 to the Department of Revenue for deposit into the General Revenue Fund.
(d) For estates with a value in excess of $500,000 the clerk of the court may charge a fee of up to $250, from which the clerk shall remit $25 to the Department of Revenue for deposit into the General Revenue Fund.
Upon petition by the guardian, the court may waive the auditing fee upon a showing of insufficient funds in the ward’s estate. Any guardian unable to pay the auditing fee may petition the court for a waiver of the fee. The court may waive the fee after it has reviewed the documentation filed by the guardian in support of the waiver.
(5) This section does not apply if the court determines that the ward receives income only from social security benefits and the guardian is the ward’s representative payee for the benefits.
History.—s. 52, ch. 89-96; ss. 35, 72, ch. 90-271; s. 1088, ch. 97-102; s. 116, ch. 2003-402; s. 13, ch. 2004-260; s. 78, ch. 2004-265; s. 139, ch. 2005-2; s. 17, ch. 2006-178; s. 41, ch. 2008-111; s. 27, ch. 2019-58.
Notes of Decisions
Cited in 20
cases (3 in the last 5 years), 1989–2025 · leading case: In Re Amendments to the Florida Probate Rules
In Re Amendments to the Florida Probate Rules (1991)
“§ 744.3678, Fla. Stat. Annual accounting.”
Amendments to the Florida Probate Rules (2003)
“§ 744.3678, Fla. Stat. Annual accounting.”
Amend. to Rules of App. Proc., Civ. Proc. (2004)
“§ 744.3678, Fla. Stat. Annual accounting.”
Sun Bank and Trust Co. v. Jones (1994)
“Pursuant to section 744.3678, an annual guardianship report must be audited by the clerk within ninety days after it is filed.”
In Re Amend. to Florida Probate Rules (2008)
“§ 744.3678, Fla. Stat. Annual accounting.”
G.S. v. T.B. (2008)
“Guardianships also require annual accounting pursuant to section 744.3678, Florida Statutes (2005).”
In re Amendments to the Florida Probate Rules (1992)
“§ 744.3678, Fla.Stat. Annual accounting. § 744.”
In Re AMENDMENTS TO the FLORIDA PROBATE RULES (2016)
“696, which contain reporting requirements that go beyond those contained in section 744.3678, Florida Statutes, the governing substantive law.”
In re Amendment to Florida Probate Rule—Part III (Guardianship) (1989)
“3675 and F.S. 744.3678, and shall be served on the ward and the ward’s attorney, if any.”
Gs v. Tb (2008)
“Guardianships also require annual accounting pursuant to section 744.3678, Florida Statutes (2005).”
In re Amendments to the Florida Probate Rules (2007)
“§ 744.3678, Fla. Stat. Annual accounting.”
In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report (2020)
“§ 744.3678, Fla. Stat. Annual accounting.”
— 744.3678(2) — 1 case
— 744.3678(3) — 2 cases
Keithly v. Vance (2003)
— 744.3678(4) — 1 case
Sun Bank and Trust Co. v. Jones (1994)
“Pursuant to section 744.3678, an annual guardianship report must be audited by the clerk within ninety days after it is filed.”
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