Florida Senate - 2025 CS for SB 520 By the Committee on Judiciary; and Senator Burgess 590-02591-25 2025520c1 1 A bill to be entitled 2 An act relating to curators of estates; amending s. 3 733.501, F.S.; revising the requirements for a court 4 to appoint a curator of certain estates; providing 5 that a curator has specified authority and duties; 6 providing the circumstances in which a curator must 7 take into its custody the estate of specified 8 decedents or persons; requiring a curator to act as 9 trustee when appointed by the court; requiring a 10 curator to post a reasonable bond, determined by the 11 court; providing an exception; providing that a 12 curator is subject to removal and surcharge by the 13 court; requiring a curator to file periodic reports 14 with the court; requiring that certain details be 15 included in such reports; requiring the court to 16 review such reports at regular intervals; authorizing 17 the court to require more frequent reporting or 18 additional documents under certain circumstances; 19 providing construction; making technical changes; 20 reenacting s. 90.5021(1), F.S., relating to fiduciary 21 lawyer-client privilege, to incorporate the amendment 22 made to s. 733.501, F.S., in a reference thereto; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1.Section 733.501, Florida Statutes, is amended to 28 read: 29 733.501Curators. 30 (1)APPOINTMENT OF A CURATOR. 31 (a)When it is necessary, The court may appoint a curator 32 at any time with notice to interested persons as the court deems 33 appropriate after formal notice to the person apparently 34 entitled to letters of administration. The curator may be 35 authorized to perform any duty or function of a personal 36 representative. 37 (b)If there is significant great danger that any of the 38 decedents property is likely to be wasted, destroyed, or 39 removed beyond the jurisdiction of the court and if the 40 appointment of a curator would be delayed by giving notice, the 41 court may appoint a curator without giving notice. 42 (c)In any other proper case, the court may appoint a 43 curator when deemed necessary to protect the interest of the 44 estate or a decedents heirs. 45 (2)AUTHORITY AND DUTIES OF THE CURATOR. 46 (a)The curator has the same authority and powers as set 47 forth in this part. 48 (b)The curator must take into its custody the estate of a 49 decedent or a person in any of the following circumstances: 50 1.When a decedent dies intestate in the county without 51 heirs. 52 2.When a decedent dies leaving a will, and the personal 53 representative named is absent or fails to qualify. 54 3.When an unknown decedent dies or is found dead in the 55 county. 56 4.For any other cause in which the court finds it 57 necessary to protect the estate from injury, waste, theft, loss, 58 or mismanagement. 59 (c)The curator shall act as trustee when appointed by the 60 court Bond shall be required of the curator as the court deems 61 necessary. No bond shall be required of banks and trust 62 companies as curators. 63 (3)BOND REQUIREMENTS.Curators must post a reasonable 64 bond, to be determined by the court. However, bonds are not 65 required for banks and trust companies that serve as curators. 66 (4)COMPENSATION.Curators are shall be allowed reasonable 67 compensation for their services, and the court may consider the 68 provisions of s. 733.617. 69 (5)(4)REMOVAL AND SURCHARGE.Curators are shall be subject 70 to removal and surcharge by the court. 71 (6)PERIODIC COURT REVIEW. 72 (a)The curator shall file periodic reports with the court. 73 Such reports must detail the actions taken by the curator in 74 managing the estate. The court shall review such reports at 75 regular intervals to ensure that the curator is effectively 76 managing the estate and fulfilling its duties. 77 (b)The court may require more frequent reporting or 78 additional documentation as it deems necessary to protect the 79 interests of the estate. 80 (7)CONSISTENT TERMINOLOGY.For clarity and to avoid 81 confusion, the term curator is used consistently throughout 82 this part to refer to the appointed entity responsible for 83 managing the estate. 84 Section 2.For the purpose of incorporating the amendment 85 made by this act to section 733.501, Florida Statutes, in a 86 reference thereto, subsection (1) of section 90.5021, Florida 87 Statutes, is reenacted to read: 88 90.5021Fiduciary lawyer-client privilege. 89 (1)For the purpose of this section, a client acts as a 90 fiduciary when serving as a personal representative or a trustee 91 as defined in ss. 731.201 and 736.0103, an administrator ad 92 litem as described in s. 733.308, a curator as described in s. 93 733.501, a guardian or guardian ad litem as defined in s. 94 744.102, a conservator as defined in s. 710.102, or an attorney 95 in fact as described in chapter 709. 96 Section 3.This act shall take effect July 1, 2025.