Your brother was named as personal representative in your father's will, but he's been making questionable financial decisions and refuses to provide updates on the estate's progress. After six months of delays and missed deadlines, you're wondering if there's anything you can do to protect the estate and other beneficiaries.
Florida law provides ways to remove a personal representative (sometimes called an executor) who fails to do their job properly. Our Stuart probate lawyer helps beneficiaries understand their options when a personal representative's actions threaten the estate's interests.
What Are the Legal Grounds for Removing a Personal Representative in Florida?
Florida Statute § 733.504 spells out the specific reasons that justify removing a personal representative from their position. The law recognizes that personal representatives hold significant responsibility and must meet certain standards to keep serving.
Statutory Grounds for Removal
Florida courts can remove personal representatives for several reasons established by law:
- Waste or mismanagement of estate property, like selling property below fair value, making bad investments, or failing to collect money owed to the estate
- Failure to perform required duties, like missing court deadlines, not filing required paperwork, or neglecting to pay legitimate bills
- Failure to comply with court orders, like ignoring the judge's instructions or requirements
- Failure to account or produce estate assets, like not providing financial reports or hiding estate property
- Conflicting or adverse interests, like holding or acquiring interests that may interfere with the administration of the estate
- No longer qualified to serve, like felony convictions after appointment
- Removal of domicile, like moving out of state if domicile was a requirement of initial appointment
- Revocation of the will, like if the will naming them is later found invalid
Other statutory causes include adjudicated incapacity, failure to give bond, and similar issues affecting the personal representative's ability to serve.
Consider this hypothetical example: Monica was named personal representative of her mother's estate, which included a family business worth $500,000. Instead of getting proper appraisals, Monica sold it to her husband for $200,000. This type of self-dealing would provide clear grounds for personal representative removal.
Breach of Duties to Beneficiaries
Personal representatives owe specific duties to estate beneficiaries under Florida law. When they fail to meet these duties, beneficiaries have grounds to seek their removal.
The most important personal representative duties include:
- Acting in beneficiaries' best interests
- Managing estate assets carefully
- Keeping accurate records
- Treating all beneficiaries fairly according to the will's terms
Suppose a personal representative discovers valuable artwork in the deceased's home but doesn't include it in the estate records. Instead, they take it for personal use. This would serve as legal grounds to justify removal proceedings.
How to Remove a Personal Representative
To remove a personal representative, you must follow specific procedures in Florida probate courts. Because removal is handled as an adversary proceeding, courts require notice and an evidentiary hearing before deciding whether removal is warranted.
File a Petition for Removal
Anyone reasonably expected to be affected by the proceeding can ask the court to remove a personal representative. Interested parties may include beneficiaries, heirs, creditors, or other personal representatives when there are multiple appointees.
The petition must include specific allegations detailing the executor’s misconduct, supporting evidence like financial records or correspondence, and a request for what the court should do.
Court Investigation and Hearing
Once the petition is filed, the probate court investigates and schedules a hearing where both sides present evidence and testimony. The personal representative can respond to accusations and present their defense. The court decides based on the evidence presented whether removal is justified.
Available Remedies and Alternatives
Florida courts have several options when addressing personal representative problems. The remedy depends on how serious the issues are and what the estate needs.
Removal and Replacement
When removal is warranted, the court appoints a successor. This might be another person named in the will, a qualified family member, or a professional administrator. The new personal representative reviews all previous actions and may need to recover mismanaged assets.
Supervision and Monitoring
For less serious problems, courts may impose additional oversight rather than removal. This could include requiring court approval for major decisions, more frequent financial reports, or professional assistance.
Monetary Damages
Courts can order removed personal representatives to pay the estate back through surcharge, a money judgment for losses caused by their breach of duty. For example, if someone sold estate property for $100,000 when it was worth $150,000, the court could order them to pay $50,000 to make up the difference.
Protecting Your Rights as a Beneficiary
Beneficiaries have specific rights during Florida probate that help protect their interests.
Access to Information
You're entitled to an asset inventory within 60 days after letters of administration are issued and to fiduciary accountings. Interested persons can obtain information on reasonable written request under Rule 5.341, and while inventories and accountings are confidential from the public, they're available to interested persons.
Court Intervention
You also have the right to object or seek court relief when problems arise with estate administration.
Say that Eliza is the main beneficiary of her aunt's estate, which includes a valuable coin collection. The personal representative has been evasive about the collection's whereabouts and hasn't included it in the estate paperwork. Eliza’s requests for information have been ignored. This pattern would justify seeking legal help.
Family Tension
Personal representative removal cases often involve family tensions and legal issues requiring professional guidance. Legal representation is particularly important when significant assets are at stake, family relationships are strained, or misconduct involves potential criminal activity.