The Role of a Curator in Florida Estate Disputes

After someone passes away in Florida, their Estate usually moves through the probate process under the guidance of a Personal Representative. But in certain complex or contested estate cases, the Court may appoint a Curator to temporarily manage the estate’s affairs.

Understanding the role of a Curator can help families and beneficiaries protect their rights during probate disputes. If you’re involved in a probate matter where a Curator has been appointed, or one may be needed, it’s wise to consult an experienced Pompano Beach estate litigation lawyer.

When Is a Curator Appointed in Florida?

A Curator is a court-appointed individual or corporate entity tasked with managing and preserving an estate until a permanent Personal Representative can be appointed. Unlike a Personal Representative, who is named in a Will or selected by Statute, a Curator is appointed at the discretion of the probate judge when it is in the estate’s best interest to do so.

The Curator’s duties may include securing estate assets, managing ongoing business interests, and paying necessary expenses or taxes. They also will respond to legal filings and work to prevent waste. Importantly, a Curator’s role is typically limited to preservation. They are not expected to distribute estate assets to beneficiaries, unless specifically authorized by the Court.

The Court may appoint a Curator in several situations, including:

• Contested validity. If a Will is being challenged due to claims of undue influence or lack of capacity, the Court may delay appointing the named Personal Representative and instead appoint a Curator to manage the estate until the dispute is resolved.
• There is no suitable representative. When the person named in the Will is deceased, unavailable, or unwilling to serve, the Court may appoint a Curator to avoid delays.
• Family conflict or litigation. Should disputes between heirs, beneficiaries, or creditors create tension and delay, the Court can appoint a disinterested Curator to prevent further harm to the Estate.
• Emergency situations. When immediate action is needed to protect assets, such as managing a business, paying urgent bills, or preventing damage, the Court may issue an emergency curator appointment.

For example, if the Decedent owned a FL business that continues to operate after death, a Curator may be appointed to manage payroll, vendor contracts, and business continuity until the rightful Personal Representative is determined.

How Is a Curator Different from a Personal Representative?

While both roles involve managing estate assets, there are key differences between Personal Representatives and Curators. For one, there are durational differences, Curators may be appointed temporarily. Also, Curators may have limited authority, as set by the Court, often focused on asset protection rather than full estate administration, and unlike Personal Representatives who are usually family members or named beneficiaries, Curators are typically disinterested third parties.

Curators play a critical role in protecting estates during turbulent times. Talking to a Pompano Beach estate litigation lawyer ensures your interests are represented as the estate moves through this complex process.

Who is the curator of an estate you are named in? Have a conversation with the legal professionals at Mark R. Manceri, P.A. to protect your rights. Schedule a confidential consultation today.