THE BILL ITSELF
CS/HB 131
Curators of Estates
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An act relating to curators of estates; amending s.
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733.501, F.S.; revising the requirements for a court
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to appoint a curator of estates; revising bond
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requirements for a curator of estates; clarifying who
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may subject a curator of estates to removal and
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surcharge; requiring a curator to file reports with
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the court in specified circumstances; requiring that
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certain details be included in such reports; requiring
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the court to review such reports; authorizing the
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court to require more frequent reporting or additional
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documents under certain circumstances; reenacting s.
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90.5021(1), F.S., relating to fiduciary lawyer-client
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privilege, to incorporate the amendment made to s.
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733.501, F.S., in a reference thereto; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 733.501, Florida Statutes, is amended
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to read:
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733.501 Curators.—
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(1) APPOINTMENT OF A CURATOR.—When it is necessary, the
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court may appoint a curator after formal notice to the person
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apparently entitled to letters of administration as follows:
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(a) The court may appoint a curator at any time with
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notice to other interested persons as the court deems
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appropriate. The curator may be authorized to perform any duty
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or function of a personal representative.
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(b) If there is significant great danger that any of the
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decedent's property is likely to be wasted, destroyed, or
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removed beyond the jurisdiction of the court and if the
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appointment of a curator would be delayed by giving notice, the
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court may appoint a curator without giving notice to other
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interested persons.
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(c) In any other proper case, the court may appoint a
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curator when deemed necessary to protect the interests of the
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estate or a decedent's heirs.
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(2) BOND REQUIREMENTS.—Unless waived by the court,
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curators must post a reasonable bond in an amount to shall be
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determined by required of the curator as the court deems
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necessary. However, bonds are not No bond shall be required for
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of banks and trust companies that serve as curators.
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(3) COMPENSATION.—Curators are shall be allowed reasonable
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compensation for their services, and the court may consider the
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provisions of s. 733.617.
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(4) REMOVAL AND SURCHARGE.—Curators are shall be subject
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to removal and surcharge by the court.
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(5) COURT REVIEW.—
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(a) The curator shall file reports with the court when the
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court deems it necessary. Such reports must detail the actions
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taken by the curator in managing the estate. The court shall
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review such reports to ensure that the curator is effectively
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managing the estate and fulfilling its duties.
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(b) The court may require more frequent reporting or
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additional documentation as it deems necessary to protect the
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interests of the estate.
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Section 2. For the purpose of incorporating the amendment
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made by this act to section 733.501, Florida Statutes, in a
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reference thereto, subsection (1) of section 90.5021, Florida
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Statutes, is reenacted to read:
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90.5021 Fiduciary lawyer-client privilege.—
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(1) For the purpose of this section, a client acts as a
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fiduciary when serving as a personal representative or a trustee
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as defined in ss. 731.201 and 736.0103, an administrator ad
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litem as described in s. 733.308, a curator as described in s.
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733.501, a guardian or guardian ad litem as defined in s.
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744.102, a conservator as defined in s. 710.102, or an attorney
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in fact as described in chapter 709.
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Section 3. This act shall take effect July 1, 2026.