Florida Probate and Trust Litigation Blog
What is a Curator?
In Florida, the person (or people) normally nominated to administer an estate are called Personal Representatives. This is the person that the decedent has requested be placed in charge of managing the estate and distributing the assets to all of the beneficiaries and is typically stated expressly in a last will and testament. But, what happens when a personal representative cannot be appointed? For example, what happens when there is a legal dispute as to which will is valid and which person should become the personal representative? That is the purpose of a curator.
“Curator” means a person appointed by the court to take charge of the estate of a decedent until letters are issued. § 731.201, Fla. Stat. The typical situation is where there is a delay in the appointment of a personal representative and a fiduciary is needed to take charge of the estate assets. In re Estate of Miller, 568 So. 2d 487, 489 (Fla. 1st DCA 1990). Essentially, the curator can act as a temporary personal representative during a time of uncertainty. A curator is typically a completely independent person, often a probate lawyer, who can act on behalf of the estate. Of course, a curator is entitled to reasonable compensation for his or her services.
Florida Statutes Section 733.501 governs the appointment of a curator, and provides as follows:
733.501 Curators.—
(1) When it is necessary, the court may appoint a curator after formal notice to the person apparently entitled to letters of administration. The curator may be authorized to perform any duty or function of a personal representative. If there is great danger that any of the decedent’s property is likely to be wasted, destroyed, or removed beyond the jurisdiction of the court and if the appointment of a curator would be delayed by giving notice, the court may appoint a curator without giving notice.(2) Bond shall be required of the curator as the court deems necessary. No bond shall be required of banks and trust companies as curators.(3) Curators shall be allowed reasonable compensation for their services, and the court may consider the provisions of s. 733.617.(4) Curators shall be subject to removal and surcharge.History.—s. 1, ch. 74-106; s. 69, ch. 75-220; s. 1, ch. 77-174; s. 995, ch. 97-102; s. 112, ch. 2001-226; s. 108, ch. 2002-1.Note.—Created from former s. 732.21.
Florida Probate Rule 5.122 governs the petition process for curators:
(a) Petition for Appointment. The petition for appointment of a curator shall be verified and shall contain:
(1) the petitioner's name, address, and interest, if any, in the estate;(2) the decedent's name, address, date and place of death, and state and county of domicile;(3) the names and addresses of the persons apparently entitled to letters of administration and any known beneficiaries;(4) the nature and approximate value of the assets;(5) a statement showing venue;(6) a statement as to why a curator should be appointed; and(7) the name and address of any proposed curator.The court may appoint a curator sua sponte.
(b) Appointment. Before letters of curatorship are issued, the curator shall file a designation of resident agent and acceptance, and an oath, as is required for personal representatives under these rules. The court shall issue letters of curatorship that shall entitle the curator to possess or control the decedent's property, which the court may enforce through contempt proceedings.(c) Notice. Formal notice shall be given to the person apparently entitled to letters, if any. If it is likely that the decedent's property will be wasted, destroyed, or removed beyond the jurisdiction of the court and if the appointment of a curator would be delayed by giving notice, the court may appoint a curator without notice.(d) Powers. By order, the court may authorize the curator to perform any duty or function of a personal representative, including publication and service of notice to creditors, or if a will has been admitted, service of notice of administration.(e) Inventory and Accounting. The curator shall file an inventory within 30 days after issuance of letters of curatorship. When the personal representative is appointed, the curator shall account for and deliver all estate assets in the curator's possession to the personal representative within 30 days after issuance of letters of administration.(f) Petition to Reconsider. If a curator has been appointed without notice, any interested party who did not receive notice may, at any time, petition to reconsider the appointment.(g) Subject to Other Provisions. Curators shall be subject to the provisions of these rules and other applicable law concerning personal representatives.
Added Sept. 29, 1988, effective Jan. 1, 1989 (537 So.2d 500). Amended Sept. 24, 1992, effective Jan. 1, 1993 (607 So.2d 1306); June 19, 2003 (848 So.2d 1069).
It is important to note that a curator cannot be appointed until formal notice is provided to the person entitled to appointment as the personal representative.
Contact Us:
PersanteZuroweste files petitions to appoint curators, object to the appointment of curators, and actions contesting the appointment of personal representatives. If you believe that you may need legal assistance regarding a Florida probate litigation matter, please contact us at (727) 796-7666.
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