A “curator” is defined in the Florida Probate Code in section 731.201(8) as follows:
“Curator” means a person appointed by the court to take charge of the estate of a decedent until letters are issued.
“Letters” is defined in section 731.201(24) of the Florida Probate Code:
“Letters” means authority granted by the court to the personal representative to act on behalf of the estate of the decedent and refers to what has been known as letters testamentary and letters of administration. All letters shall be designated “letters of administration.”
Basically, a curator is a neutral person who temporarily administers a Florida probate estate until a personal representative is appointed. A curator and personal representative cannot serve at the same time.
When Is A Curator Appointed?
The most common situation where a curator is appointed in a Florida probate is when a neutral fiduciary is needed to administer the estate because there is a delay in the appointment of a personal representative.
In this situation, a curator can step in and begin administering the probate estate so that the delay in appointing a personal representative does not harm the estate’s beneficiaries or creditors, or result in a wasting of the estate’s assets.
Section 733.501(1) of the Florida Probate Code states:
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.
A curator is also sometimes appointed after the resignation or removal of a personal representative, until a successor personal representative is appointed
Specific Situations Necessitating the Appointment of a Curator
A curator becomes necessary under specific, often unpredictable, circumstances where waiting for personal representative appointment may cause harm or delay in administration. Scenarios that prompt this appointment include:
- Contested wills: When disputes over the validity of a will prevent timely appointment of a personal representative.
- Unavailability of family or heirs: Situations where relatives cannot be located or are unwilling to serve.
- Emergency asset protection: Immediate risk to estate property—such as perishable goods, real estate subject to trespass, or pending financial transactions.
- Judicial delays: Administrative bottlenecks in larger or complex estates.
In each case, the curator acts as a legal bridge, maintaining estate integrity until a long-term administrator assumes control.
Is A Florida Curator Paid For Their Services?
Yes, section 733.501(3), Fla. Stat. provides that curators are allowed reasonable compensation for their services.
In determining reasonable compensation, the court is permitted to consider the provisions of section 733.617, which governs compensation of a personal representative.
Does The Fiduciary Lawyer-Client Privilege Apply to A Curator?
Yes, pursuant to section 90.5021, Florida Statutes, a communication between a lawyer and a client acting as a curator is privileged and protected from disclosure under the attorney-client privilege.
What Is The Process For Appointment Of A Curator in Florida Probate?
In order to have a curator appointed, you must file a petition for appointment of curator. Florida Probate Rule 5.122 governs the process for appointment of curators.
The petition for appointment of a curator must be verified and contain:
- the petitioner’s name, address, and interest, if any, in the estate;
- the decedent’s name, address, date and place of death, and state and county of domicile;
- the names and addresses of the persons apparently entitled to letters of administration and any known beneficiaries;
- the nature and approximate value of the assets;
- a statement showing venue;
- a statement as to why a curator should be appointed; and
- the name and address of any proposed curator.
The court may also appoint a curator sua sponte.
Regarding the required notice for a petition for appointment of curator, the rule states:
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.
What Are The Powers And Duties Of A Florida Curator?
A Florida curator is subject to the provisions of the Florida Probate Rules and other applicable law concerning personal representatives. A curator’s powers are not automatically as broad as a personal representative, but 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. The powers of a curator are generally set forth in the order appointing curator.
A curator is required to file an inventory within 30 days of issuance of letters of curatorship. When the personal representative is appointed, the curator is also required to 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.
These requirements are found in Florida Probate Rule 5.122.
The appointment of a Florida curator is sometimes necessary for the smooth administration of the probate estate, whether before letters are issued to a personal representative, or to bridge the gap after resignation or removal of a personal representative and prior to appointment of a successor personal representative. Whatever the reason for appointment, a curator can be helpful to keep the administration of the Florida probate estate on track.
Curator vs. Personal Representative: Clearing the Confusion
Separate Roles, Same Goal: Estate Administration
Florida probate distinguishes between two key fiduciary roles: the Curator and the Personal Representative. While both are tasked with managing the decedent’s estate, their functions, qualifications, and circumstances of appointment diverge significantly.
What Is a Personal Representative?
The Personal Representative—commonly known as an executor in other jurisdictions—is the court-appointed individual responsible for administering the estate of a deceased person. Under Florida Statutes §733.301, this role usually falls to someone named in the will or, if none exists, someone prioritized by law such as a surviving spouse or next of kin. Once appointed, the Personal Representative manages all aspects of the probate process, including locating assets, paying creditors, and distributing inheritances.
Curator: A Temporary Fiduciary Solution
Unlike a Personal Representative, a Curator is not intended to be a long-term administrator. Appointed under Florida Probate Rule 5.122, a Curator typically enters the scene when there’s no immediate party qualified or willing to serve as Personal Representative. This often happens when the estate is in dispute, there’s a delay in appointing a representative, or the named individual is unable or ineligible to serve.
When Is Each Appointed?
- Curator: Appointed when immediate estate oversight is necessary but no Personal Representative is yet approved. For example, during a will contest or when litigation has delayed formal appointments.
- Personal Representative: Named in a valid will or nominated through intestate succession. Their appointment follows formal court approval via Letters of Administration.
Different Duties, Limited Overlap
Although both roles operate under the court’s supervision, their duties diverge in scope. A Curator handles preservation tasks—securing property, paying urgent expenses, or preventing asset loss—until a proper representative takes over. They usually do not distribute assets or make final estate decisions.
By contrast, a Personal Representative assumes full administrative control. This includes submitting an inventory of assets, communicating with beneficiaries, settling all debts, and ensuring compliance with all probate court orders until the estate is closed.
Oversight and Transition
A crucial distinction lies in the transition. Once the court appoints a Personal Representative, the Curator’s job ends. The estate’s files, records, and authority are handed over, ensuring continuity in administration without duplication of efforts or administrative drift.
Understanding this handoff clarifies why Florida probate law treats these roles as functionally distinct, even though they temporarily coexist within a single estate’s lifecycle.
How Long Does a Curator Serve in Florida Probate?
Typical Timeframe for a Curator’s Duties
A curator in Florida probate typically serves for a brief and clearly defined period. Their role ends once a personal representative is officially appointed by the probate court and ready to take over. In general, this transition occurs within 30 to 90 days following the curator’s appointment, although the specific duration depends entirely on the complexities of the estate and how quickly the court processes move forward.
Under Fla. Prob. R. 5.122, a curator does not hold office indefinitely. The position exists to maintain continuity and protect estate property during a legal interim—specifically after a death has occurred but before the issuance of Letters of Administration to a personal representative.
Factors That Might Extend or Shorten the Duration
Several elements can adjust the timeline. The availability of an eligible personal representative ranks high on that list. If the nominated individual is out of state, unable to qualify quickly, or embroiled in legal disputes, the court may rely on the curator for a longer stretch.
- Contested wills—when heirs or beneficiaries challenge the validity of a will, the curator may need to remain until the court resolves those objections.
- Unclear succession scenarios—the absence of a will or unclear nominee for personal representative can result in delays.
- Failure to act—if an appointed personal representative neglects to accept or delays action, the curator’s involvement extends accordingly.
Alternatively, in estates where a clear and uncontested will exists and the nominated representative is both present and qualified, curatorship may last mere weeks.
Case-Specific Considerations
Every estate introduces its own storyline. Imagine an estate where assets are spread across multiple counties, or one involving a family business requiring immediate stabilization. In such cases, the court may direct the curator to serve longer in a quasi-operational capacity.
Some judges may authorize curators to undertake specific tasks—like securing valuable property or responding to time-sensitive legal correspondence—that temporarily extend their role past the norm.
Another scenario often arises with intestate estates, where no valid will exists and heirs must be located or confirmed. These searches may stretch out proceedings, requiring a curator to provide steady oversight in the meantime.
Although the curator’s position is meant to be temporary, there’s no statutory limit on how long the appointment may last. Duration depends on estate complexity, legal challenges, and administrative readiness.
