FL · rules

Fla. Prob. R. 5.122

Curators

activein force · 2026-07-16 – presentact-effective-date

(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.

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.

History

Committee Notes This rule implements of the procedure found in section 733.501, Florida Statutes, as amended in 1997 and 2001. The rule has been modified, in part, to reflect the addition of new rule 5.241 regarding notice to creditors. Because the fundamental concern of curatorship is protection of estate property, the procedure facilitates speed and flexibility while recognizing due process concerns. It is not intended that this rule change the effect of the statute from which it has been derived, but the rule has been reformatted to conform to the structure of these rules. Furthermore, the Committee does not intend to create a new procedure, except that subdivision (d) specifies certain acts that the court may authorize the curator to perform. This specificity of example, while not included in the statute, is not intended to limit the authorized acts to those specified in the rule. The appointment of a curator without notice is tantamount to a temporary injunction. Thus, due process considerations suggest an expedited hearing to reconsider the appointment of a curator by any interested party who did not receive notice. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Citation form changes in committee notes. 2003 Revision: Extensive changes to rule to clarify procedure for appointment of curator. Committee notes revised. Statutory References § 733.402, Fla. Stat. Bond of fiduciary; when required; form. § 733.501, Fla. Stat. Curators. Rule Reference Fla. Prob. R. 5.020 Pleadings; verification; motions.

Provenance

Source: floridabar.org
Retrieved: 2026-09-14
Edition: 2026-09-14
Content hash: 03d5c0ea24f2b91f7fcbc3c7e089b7bd51e7a30181fca282ec87c35f3df5c5d2

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