What is a curator in a probate estate and what is their role? Florida Statute §733.501 defines what a curator is and why they would be appointed in a probate estate.
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.
A curator is a licensed attorney who can be appointed by a judge in a Formal Administration to essentially take over for the personal representative. A curator is usually appointed if there is disagreement over how the personal representative is administering the estate. Usually, the disagreement is between co-personal representatives, or beneficiaries who are unhappy with how the personal representative is administering the estate. A court can appoint a curator without notice to a personal representative or a person “apparently entitled to letters of administration” 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.” Florida Statute §733.501(1).
The curator is authorized to perform any function or duty that a personal representative is authorized to do. Similar to the appointment of a personal representative, the judge will sign an order appointing the curator and issue letters of curatorship once the curator has executed an oath of curator and designation and acceptance of resident agent. Also, like the appointment of a personal representative, a judge may issue a bond for the curator to post. However, no bond shall be required of banks and trust companies acting as curators, pursuant to Florida Statute §733.501(2).
Once a curator is appointed, the personal representative is usurped of his or her ability to administer the estate. However, the personal representative still remains as personal representative and is not removed, nor does the personal representative have his or her letters of administration revoked. A curator shall be allowed reasonable compensation for their services, and the court will pattern this compensation off of Florida Statute §733.617, which is the statute regarding the compensation of a personal representative.
Florida Probate Rule 5.122 deals with Curators in an estate in addition to Florida Statute §733.301. FPR 5.122(e) states that the curator shall file an inventory within 30 days after issuance of letters of curatorship. This is different from the time required for a personal representative to file an inventory of the estate, which is 60 days after issuance of letters of administration.
If a curator is appointed before a personal representative is appointed (usually because there is disagreement as to who should serve as personal representative), the curator, under FPR 5.122 (e) 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.
If a curator is appointed after a personal representative is appointed, it is likely that the curator will continue to administer the estate until it is closed. An appointment of a curator after a personal representative is appointed is usually because the personal representative has not timely closed out the estate (either due to an adversarial proceeding occurring or general neglect of its duties).
If you are dealing with an estate with a curator or would like to know more about the role of a curator in an estate, we would love to hear from you. Give us a call for a free, no obligation consultation.
Jacob Rubin, Esq.
813-501-5071
