Closing a Florida Guardianship
How a guardianship ends, what the guardian must file and what to keep after discharge.
Grounds for termination
Under s. 744.521, the guardian files a final report and receives a discharge when:
- The ward becomes sui juris or is restored to capacity. The court may require proof that the incapacity has been removed.
- The guardian has been unable to locate the ward through diligent search.
- For a guardian of the property, the property subject to the guardianship has been exhausted.
When the ward dies, a guardian of the person is discharged without further proceeding on filing a certified copy of the ward's death certificate.
What the closing file looks like
Circuits organize closing files differently, so check yours. The Second Circuit's closing checklist is a useful example of what a court may look for. It asks whether the guardianship was of the person, the property or both, whether it was plenary or limited, and the reason for termination (the ward became sui juris, full restoration, funds exhausted, death of the ward or unable to locate the ward). It then walks through the letters, the initial report, each annual report, the final report and the receipt for guardianship assets.
Before you file the final report
- Confirm that the initial report and every annual plan and accounting were filed. The guardianship reporting calendar lists them.
- Confirm any outstanding emergency temporary guardianship reports were filed (see the emergency temporary guardianship checklist).
- Gather proof of the ground for termination, such as a certified death certificate, an order restoring capacity or a record of the search for the ward.
After discharge
The guardian must keep the substantiating papers for the initial inventory for three years after discharge, including the name, address and occupation of any witnesses present at the initial inventory of the ward's personal property. They need not be filed but must be available for inspection as the court orders (s. 744.365).
General information for Florida practitioners, reviewed in October 2026 against the statute and rule text linked above. It is not legal advice. Rules, statutes and local circuit practices change, so confirm against the current text and your circuit's requirements before relying on it.
Built for Florida legal practice
The same Florida-specific data and rules apply across civil litigation, guardianship and probate — nothing has to be rebuilt case by case.
Florida templates
A library of attorney-crafted Florida pleadings, petitions and orders across civil litigation, guardianship and probate — so there is no template build before your first document.
County data
Clerks, judges, attorneys and guardian ad litem programs for all 67 counties are part of the platform, not a spreadsheet you maintain.
Deadline logic
A county-aware engine covering 25+ Florida procedural rules, instead of date logic you write and keep current yourself.
Closing a guardianship questions
Is a guardian of the person discharged automatically when the ward dies?
A guardian of the person is discharged without further proceeding on filing a certified copy of the ward's death certificate (s. 744.521).
What if the ward's property has been used up?
For a guardian of the property, exhaustion of the property subject to the guardianship is a ground for filing a final report and receiving a discharge (s. 744.521).
How long should closing records be kept?
The substantiating papers for the initial inventory must be kept for three years after discharge (s. 744.365(5)).
See document automation in action
Start a 14-day free trial and generate your first Florida document today.
Start a free trialCredit card required. Not charged during the trial. Cancel anytime before it ends.