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