When Is a Curator Necessary for a Florida Probate Estate?

Under Florida law, a personal representative is the person responsible for administering a probate estate. There are, however, situations where someone may need to take temporary charge of the estate until a personal representative can be appointed. This can include a scenario where there is a disagreement between family members over who should serve as personal representative, a deadlock between co-personal representatives, or a case where the personal representative has resigned and there is a vacancy in the position.

The person (or legal entity) who can step in to temporarily fill this vacancy or gap is known as a curator. Section 733.501 of the Florida Statutes provides, “When it is necessary, the court may appoint a curator after formal notice to the person apparently entitled to letters of administration.” A curator is essentially a neutral party who takes charge of the estate and its assets until the probate court can appoint a personal representative. In most cases, a curator is a licensed attorney or a professional fiduciary, such as a bank or trust company.

Curators and Personal Representatives Do Not Mix

Legally speaking, a Florida probate estate cannot have both a curator and a personal representative. Once a personal representative qualifies, the curator’s role in temporarily administering the estate ends. Likewise, a probate court may not appoint a curator while there is still a personal representative serving in that role. The court must first remove the personal representative.

A 2015 case, Gordon v. Estate of Maisel, provides a helpful illustration. This case involved the probate of a will executed by Shelley Wilensky. The will named Wilensky’s grandson, Ori Gordin, as personal representative for the estate. Following Wilensky’s death, Gordin filed a petition to probate the will. As Gordin was on active duty with the armed forces at the time, the probate court decided to appoint Gordin and Teresa Shelley, Wilensky’s daughter, as co-personal representatives for the estate.

Wilensky’s other child, Daniel Shelley, then filed a petition to revoke the will. Daniel Shelley maintained the will was the product of undue influence by his sister and that one of Wilensky’s prior wills should be admitted instead. Daniel Shelley also sought to transfer the probate to Puerto Rico, where he claimed his father lived at the time of his death.

Daniel Shelley then asked the probate court to appoint a curator for the estate. The probate court did so, appointing a neutral attorney to serve as curator, even though the judge did not remove Teresa Shelley and Ori Gordin as co-personal representatives.

The personal representatives then appealed that decision. And the Florida Fourth District Court of Appeals agreed that the probate judge put the proverbial cart before the horse. It was “legally improper to simultaneously have a curator and a personal representative acting on behalf of an estate.”

Contact a Pompano Beach Estate and Trust Litigation Lawyer Today

It is critical that any Florida probate estate have a properly appointed fiduciary in place to administer the estate’s assets and perform other tasks as required by law. If you are involved in a legal dispute over a probate matter and need advice from a qualified Pompano Beach estate and trust litigation attorney, contact the offices of Mark R. Manceri, P.A., today to schedule a consultation.

Sources:

flsenate.gov/Laws/Statutes/2024/0733.501

scholar.google.com/scholar_case?case=3714674454745934312