Fla. Prob. R. 5.122 · Part I. — GENERAL
CURATORS
Text — October 1, 2026 edition
(a) Petition for Appointment. The petition for appointment of a curator must be verified and must contain:
(1) the petitioner’s name, address, and interest, if any, in the estate;
(2) the decedent’s name, address, date and place of death, and state and county of domicile;
(3) the names and addresses of the persons apparently entitled to letters of administration and any known beneficiaries;
(4) the nature and approximate value of the assets;
(5) a statement showing venue;
(6) a statement as to why a curator should be appointed; and
(7) the name and address of any proposed curator. The court may appoint a curator sua sponte.
(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. 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.
(c) Notice. Formal notice must be given to the person apparently entitled to letters, if any. If it is likely 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 without notice.
(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.
(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.
(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.
(g) Subject to Other Provisions. Curators are subject to the provisions of these rules and other applicable law concerning personal representatives.
Notes and commentary — not rule text
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 Revision: New rule.
1992 Revision: Editorial changes. Citation form changes in committee notes.
2003 Revision: Extensive changes to rule to clarify procedure for appointment of curator. Committee notes revised.
2026 Revision: 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. 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 Reference Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.240 Notice of administration. Fla. Prob. R. 5.241 Notice to creditors.
Source of truth
- Edition
- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/10/Probate-Rules-10-01-26.pdf (PDF pages 67–69)
- Text hash
- sha256 1ce68c40bd74dc8e54ac20c4548f092bc341c377f4dc5bb3a933c0b8e43a707d
- Composed by
- compose_book.py 2026-10-03: pypdfium2 primary, PyMuPDF check, PDF bookmarks as the inventory
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.