RULE 5.122. 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.

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.