Everyone from Florida probate lawyers to beneficiaries of estates and heirs at law know what an executor is. An Executor is the person who runs an estate or a probate. In Palm Beach probates, we call an executor a personal representative. Personal representatives have very broad powers under the Florida Probate Code, and many times this authority ticks off beneficiaries or in-laws, or sons or daughters who WANTED to control their parent’s estate, but have no power. But, do you know what a Florida curator is? How does a curator of a probate or estate work and what does he or she do? Consider reading a recent, November 25, 2015, Florida probate appeal filed by probate litigation law firms West Palm Beach which went to the 4th District Court of Appeal: Gordin v. Estate of Wilensky, 40 Fla. L. Weekly D 2639: http://4dca.org/opinions/Nov.%202015/11-25-15/4D14-2228.op.pdf
Why Does My Parent’s Estate Need a Curator?
- Why in the world does a Florida estate lawyer suggest that a curator of a probate be appointed if you are named in dad’s will to run the estate?
- Well, a curator can handle a number of different tasks for the estate and beneficiaries and may be appointed while there is pending estate litigation
- Many times, probate litigators West Palm Beach will suggest that a curator be appointed while there is a will contest or a probate petition filed
- One good question is: who should pay for the curator?
- Who actually wants the curator?
- Why would you have a Florida curator when you can simply have a one or two day estate trial, and let the judge determine who should run the estate or handle the probate?
What are Letters of Administration in Palm Beach Probate?
- A curator in Florida is defined as one involved in a probate who is someone appointed by the probate court to take charge of the estate of a dead Florida resident until letters of administration are issued.
- You can read about a Florida curator at the Florida probate law at 731.201, Florida statutes
- What are Florida letters of administration?
- Letters of administration in a Palm Beach probate or estate context are the court document from a probate judge which grants power or authority to a curator or personal representative to take action and run the estate
- Many times, certified copies of letters of administration are obtained by your estate lawyer Florida because Boca Raton banks and financial institutions or title companies need to see a curator’s or personal representative’s authority to change bank accounts, transfer money or sell real estate
- Letters of administration is/are also defined in the probate code and at 731.201(8): letters is defined as authority granted by the court to the personal representative to act on behalf of the estate of the deceased Florida resident and refers to what has been know as letters testamentary and letters of administration.
- Curators are generally appointed for a temporary time period to, for example, take possession of property, protect it and give notice to creditors
- So, who pays for the Palm Beach Gardens curator, anyway?