What Is a Curator in a Florida Probate Case?
A curator is a temporary fiduciary appointed by the probate court under section 733.501, Florida Statutes, when it is necessary to protect estate property. The court may give the curator the powers of a personal representative, and the curator is subject to court oversight, bond, and possible removal.
A curator is often used when there is a gap. That can happen when a personal representative has not yet been appointed, when there is a dispute over who should serve, or when estate property needs immediate attention.
Section 733.501(1) allows the court to appoint a curator when necessary, after formal notice to the person apparently entitled to letters of administration. The court may appoint a curator without notice if there is a significant danger that estate property will be wasted, destroyed, or removed beyond the court's jurisdiction and giving notice would delay the appointment. The court may authorize the curator to perform any duty or function of a personal representative.
A curator must file a bond unless the court waives it. Banks and trust companies that serve as curators are not required to post bond. A curator is entitled to reasonable compensation, and the court may consider the personal representative fee standards of section 733.617.
A curator is subject to removal and surcharge like a personal representative. Chapter 2026-85, Laws of Florida, effective July 1, 2026, amended section 733.501 and added a court review subsection. The curator must file reports detailing its actions when the court deems it necessary, and the court may require more frequent reporting. The person who serves after the curator is described in the role of a personal representative.
This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Always consult a licensed attorney in your jurisdiction for advice tailored to your circumstances.
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