Florida 2025 Regular Session

Florida House Bill H0417 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 417 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to curators of estates; amending s. 2
16	16	733.501, F.S.; revising the requirements for a court 3
17	17	to appoint a curator of certain estates; providing 4
18	18	that a curator has specified authority and duties; 5
19	19	providing the circumstances in which a curator must 6
20	20	take into its custody the estate of specified 7
21	21	decedents or persons; requiring a curator to act as 8
22	22	trustee when appointed by the court; requiring a 9
23	23	curator to post a reasonable bond, determined by the 10
24	24	court; providing an exception; providing that a 11
25	25	curator is subject to removal and surcharge by the 12
26	26	court; requiring a curator to file periodic reports 13
27	27	with the court; requiring that certain details be 14
28	28	included in such reports; requiring the court to 15
29	29	review such reports at regular intervals; authorizing 16
30	30	the court to require more frequent reporting or 17
31	31	additional documents under certain circumstances; 18
32	32	providing construction; making technical changes; 19
33	33	reenacting s. 90.5021(1), F.S., relating to fiduciary 20
34	34	lawyer-client privilege, to incorporate the amendment 21
35	35	made to s. 733.501, F.S., in a reference thereto; 22
36	36	providing an effective date. 23
37	37	24
38	38	Be It Enacted by the Legislature of the State of Florida: 25
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40	40	HB 417 2025
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45	45	hb417-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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52	52	Section 1. Section 733.501, Florida Statutes, is amended 27
53	53	to read: 28
54	54	733.501 Curators.— 29
55	55	(1) APPOINTMENT OF A CURATOR. — 30
56	56	(a) When it is necessary, The court may appoint a curator 31
57	57	at any time with notice to interested persons as the court deems 32
58	58	appropriate after formal notice to the person apparently 33
59	59	entitled to letters of administration . The curator may be 34
60	60	authorized to perform any duty or function of a personal 35
61	61	representative. 36
62	62	(b) If there is significant great danger that any of the 37
63	63	decedent's property is likely to be w asted, destroyed, or 38
64	64	removed beyond the jurisdiction of the court and if the 39
65	65	appointment of a curator would be delayed by giving notice, the 40
66	66	court may appoint a curator without giving notice. 41
67	67	(c) If probate has not been initiated within 2 years after 42
68	68	the date of the decedent's death, the court must appoint a 43
69	69	curator to represent the estate. 44
70	70	(d) In any other proper case, the court may appoint a 45
71	71	curator when deemed necessary to protect the interests of the 46
72	72	estate. 47
73	73	(e) The court may appoint a curator in unique 48
74	74	circumstances not outlined in this section to ensure that the 49
75	75	interests of the estate and its beneficiaries are adequately 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	protected. 51
89	89	(2) AUTHORITY AND DUTIES OF THE CURATOR. — 52
90	90	(a) The curator has the same authority and powers as set 53
91	91	forth in this part. 54
92	92	(b) The curator must take into its custody the estate of a 55
93	93	decedent or a person in any of the following circumstances: 56
94	94	1. When a decedent dies intestate in the county without 57
95	95	heirs. 58
96	96	2. When a decedent dies leaving a will, and the personal 59
97	97	representative named is absent or fails to qualify. 60
98	98	3. When an unknown decedent dies or is found dead in the 61
99	99	county. 62
100	100	4. When money, property, papers, or other portions of the 63
101	101	estate are left exposed to injury, waste, theft, loss, or 64
102	102	mismanagement and no other person administers such property in 65
103	103	the estate. 66
104	104	5. When a decedent dies intestate and his or her estate is 67
105	105	located in the county, or is left in the county, and such estate 68
106	106	is exposed to injury, waste, theft, loss, or mismanagement and 69
107	107	the decedent does not leave a known spouse or heir in this 70
108	108	state. 71
109	109	6. When the estate is that of a minor whose parents are 72
110	110	dead, or if living, refuse or neglect to qualify as a 73
111	111	conservator, or having been qualified, have been removed, or who 74
112	112	have been found incompet ent to serve as a conservator, and who 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	have no person appointed by law to take care of and manage the 76
126	126	estate. 77
127	127	7. When the estate is that of a disabled or incapacitated 78
128	128	person in the county who has no legal guardian or conservator 79
129	129	and no person competent to take charge of such estate, or to act 80
130	130	as such guardian or conservator, can be found who qualifies. 81
131	131	8. For any other cause in which the court finds it 82
132	132	necessary to protect the estate from injury, waste, theft, loss, 83
133	133	or mismanagement. 84
134	134	(c) The curator shall act as trustee when appointed by the 85
135	135	court Bond shall be required of the curator as the court deems 86
136	136	necessary. No bond shall be required of banks and trust 87
137	137	companies as curators . 88
138	138	(3) BOND REQUIREMENTS.—Curators must post a reasonable 89
139	139	bond, to be determined by the court. However, bonds are not 90
140	140	required for banks and trust companies that serve as curators. 91
141	141	(4) COMPENSATION.—Curators are shall be allowed reasonable 92
142	142	compensation for their services, and the court may consider the 93
143	143	provisions of s. 733.617. 94
144	144	(5)(4) REMOVAL AND SURCHARGE. —Curators are shall be 95
145	145	subject to removal and surcharge by the court. 96
146	146	(6) PERIODIC COURT REVIEW. — 97
147	147	(a) The curator shall file periodic reports with the 98
148	148	court. Such reports must detail the actions taken by the curator 99
149	149	in managing the estate. The court shall review such reports at 100
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151	151	HB 417 2025
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	regular intervals to ensure that the curator is effectively 101
163	163	managing the estate and fulfilling its duties. 102
164	164	(b) The court may require more frequent reporting or 103
165	165	additional documentation as it deems necessary to protect the 104
166	166	interests of the estate. 105
167	167	(7) CONSISTENT TERMINOLOGY. —For clarity and to avoid 106
168	168	confusion, the term "curat or" is used consistently throughout 107
169	169	this part to refer to the appointed entity responsible for 108
170	170	managing the estate. 109
171	171	Section 2. For the purpose of incorporating the amendment 110
172	172	made by this act to section 733.501, Florida Statutes, in a 111
173	173	reference thereto, subsection (1) of section 90.5021, Florida 112
174	174	Statutes, is reenacted to read: 113
175	175	90.5021 Fiduciary lawyer -client privilege.— 114
176	176	(1) For the purpose of this section, a client acts as a 115
177	177	fiduciary when serving as a personal representative or a trustee 116
178	178	as defined in ss. 731.201 and 736.0103, an administrator ad 117
179	179	litem as described in s. 733.308, a curator as described in s. 118
180	180	733.501, a guardian or guardian ad litem as defined in s. 119
181	181	744.102, a conservator as defined in s. 710.102, or an attorney 120
182	182	in fact as described i n chapter 709. 121
183	183	Section 3. This act shall take effect July 1, 2025. 122