Probate Division: Case Name: Case No.:
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,IN AND FOR MIAMI-DADE COUNTY, FLORIDA
PROBATE DIVISION
IN RE: ESTATE OF ______
Deceased. Case No. ______
Section ______/ C-4
LETTERS OF CURATORSHIP
TO ALL WHOM IT MAY CONCERN:
WHEREAS, the above resident of ______, died on ______, owning assets in the State of Florida (“Decedent”); and
WHEREAS, ______has been appointed curator (“Curator”) of the Decedent’s estate (“Estate”), and has taken the prescribed oath and performed all other acts prerequisite to issuance of letters of curatorship of the Estate (“Letters of Curatorship”), as the legally qualified Curator of the Estate,
NOW, THEREFORE, I, the undersigned Circuit Judge, do grant to ______, the Curatorship of the Estate, until a personal representative can be appointed, with full power to collect and preserve the assets that belonged to the Decedent in his/her lifetime and at the time of his/her death, and to ask, demand, sue for, recover, and receive these assets for the purpose of turning over and delivering them to the legally appointed and qualified personal representative of the Estate, and all persons in possession of assets of the decedent are ordered and directed to deliver them to the Curator. Specifically, by Court Order dated ______, the Curator was ordered to perform the following duties and functions:
1. Marshall all of the assets of the Estate.
2. File a verified inventory with the Court within sixty days of issuance of Letters of Administration.
3. Have income tax returns prepared and filed for the Estate, if necessary.
4. Obtain appraisals and gather asset valuation information required in the preparation of the Federal Estate Tax Return, Form 706, and the Preliminary Notice and Report as are or may be due for the Estate.
5. Protect Estate assets in the best interests of the Estate.
6. File the Federal Estate Tax Return, Form 706, and the Preliminary Notice and Report in a timely manner.
7. Request extensions, if necessary, and obtain tax releases from the Internal Revenue Service and/or the State of Florida for the Estate.
8. Institute and defend all lawsuits and hire such counsel to represent the Curator and the Estate in such matters with the approval of the Court.
9. Publish applicable Notice to Creditors, and such other Notices as may be required or necessary.
10. Perform any duty or function which a personal representative may be granted.
11. Perform such other matters as this Court, upon proper notice and approval, directs for the administration of this Estate until such time as Letters of Curatorship can be granted.
12. Perform with full authority the acts listed above; and shall, in all respects, do and perform all the duties as are by law and order of this Court required of a curator.
These Letters of Curatorship are hereby issued to the Curator to perform the above duties and functions, subject to the following restrictions:
1. This Estate must be closed within 24 months unless otherwise authorized by court order.
2. Unless an appropriate bond has been entered into and approved by the Court, the Curator
shall place all liquid assets in a depository designated by this Court pursuant to Section
69.031, Florida Statutes (“Depository”). This is a frozen account. No funds can be
withdrawn without an order of this Court.
3. The Curator shall file receipt of assets by the Depository within thirty days from the
issuance of these letters.
4. If Florida real estate is sold, per court order, a closing statement shall be filed, and the sale’s net proceeds shall be placed in the Depository.
5. The Curator and the Depository shall jointly receive all monies payable to the Estate.
6. There shall be no sale, encumbrance, borrowing, or gifting of any assets without a court
order.
7. Any apportionment of a wrongful death settlement must be approved by this Court.
8. These letters do not authorize entry into any safe deposit box without a court order.
9. The verified inventory shall be filed within sixty days.
ORDERED on this ____day of ______, 20_____.
______
Circuit Judge
LETTER OF CURATORSHIP
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