Florida Probate Rule 5.122

Curators

Text of the rules effective October 15, 2026.

Amended Oct. 15, 2026The court may appoint a curator on its own motion to protect the estate or the decedent's heirs, and must set any bond. Notice now goes to other interested persons, not only the person entitled to letters.See what changed

  1. (a)
    Petition for Appointment. The petition for appointment of a curator must be verified and must contain:
    1. (1)
      the petitioner’s name, address, and interest, if any, in the estate;
    2. (2)
      the decedent’s name, address, date and place of death, and state and county of domicile;
    3. (3)
      the names and addresses of the persons apparently entitled to letters of administration and any known beneficiaries;
    4. (4)
      the nature and approximate value of the assets;
    5. (5)
      a statement showing venue;
    6. (6)
      a statement as to why a curator should be appointed; and
    7. (7)
      the name and address of any proposed curator. The court may appoint a curator sua sponte to protect the interests of the estate or a decedent’s heirs.
  2. (b)
    Appointment. Before letters of curatorship are issued, the curator must file a designation of resident agent and acceptance, and an oath, as is required for personal representatives under these rules, and the court must determine the amount of bond, if any, required. The court must issue letters of curatorship that state the entitlement of the curator to possess or control all or part of the decedent’s property, which the court may enforce through contempt proceedings.
  3. (c)
    Notice.
    1. (1)
      Formal notice must be given to the person apparently entitled to letters, if any.
    2. (2)
      Notice must be given to other interested persons.
    3. (3)
      If there is significant danger 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 with formal notice to the person apparently entitled to letter, but without notice to other interested persons.
  4. (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. The order must state whether a curator is granted the authority by the court to address any demand filed under rules 5.240 and 5.241.
  5. (e)
    Inventory and Accounting. The curator must file an inventory within 30 days after issuance of letters of curatorship. When the personal representative is appointed, the curator must 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.
  6. (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.
  7. (g)
    Subject to Other Provisions. Curators are subject to the provisions of these rules and other applicable law concerning personal representatives.

Notes

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. Practitioners should refer to the letters of curatorship to ensure that a curator has been granted the authority by the court to act in a specific capacity.

Rule History
1988
New rule.
1992
Editorial changes. Citation form changes in committee notes.
2003
Extensive changes to rule to clarify procedure for appointment of curator. Committee notes revised.
2026
Subdivisions (a), (b), and (c) amended to address 2026 legislative changes to section 733.501, Florida Statutes. Subdivision (d) amended to require that the order state whether a curator is granted the authority by the court to address any demand filed under rules 5.240 and 5.241. Committee notes revised.

References

Statutory References

  • § 732.2211, Fla. Stat. Demands or disputes; statute of repose.
  • § 733.402, Fla. Stat. Bond of fiduciary; when required; form.
  • § 733.501, Fla. Stat. Curators.

Rule References