Formal administration is the traditional form of probate in Florida. When the estate of a deceased person is formally administered, the court overseeing the case must issue Letters of Administration to appoint a personal representative.
Also referred to as the “executor” of the estate, the personal representative must handle the decedent’s estate, notifying any interested persons, responding to any existing creditors’ claims, and later distributing the property pursuant to the will.
If an executor fails to fulfill the required duties, is it possible to file for removal in court? Keep reading to find out.
Can an Executor of an Estate be Removed in Florida? – The Verdict
It is possible to get an executor removed from an estate administration in Florida. However, one cannot remove an executor during probate due to personal hostility or simply because he or she does not get along with the beneficiaries.
A decision issued by Florida’s Fourth District Court of Appeal states that “the removal of a personal representative chosen by the deceased is a drastic action and should only be resorted to when the administration of the estate is endangered.”
Hence, “the mere fact that a certain hostility has arisen between a beneficiary and the executor absent some showing of wrongdoing on the part of the executor or other factors which will prejudice the administration does not warrant such drastic action as removal.”
Can an Executor of an Estate be Removed in Florida? – As Provided by Law
As provided by Florida Statutes §733.504, “a personal representative shall be removed, and the letters revoked if he or she was not qualified to act at the time of appointment.” Hence, “a personal representative may be removed, and the letters revoked for any of the following causes:
- Adjudication that the personal representative is incapacitated
- Physical or mental incapacity rendering the personal representative incapable of the discharge of his or her duties
- Failure to comply with any order of the court, unless the order has been superseded on appeal
- Failure to account for the sale of property or to produce and exhibit the assets of the estate when so required
- Wasting or maladministration of the estate
- Failure to give bond or security for any purpose
- Conviction of a felony
- Insolvency of, or the appointment of a receiver or liquidator for, any corporate personal representative
- Holding or acquiring conflicting or adverse interests against the estate that will or may interfere with the administration of the estate as a whole. This cause of removal shall not apply to the surviving spouse because of the exercise of the right to the elective share, family allowance, or exemptions, as provided elsewhere in this code
- Revocation of the probate of the decedent’s will that authorized or designated the appointment of the personal representative
- Removal of domicile from Florida if domicile was a requirement of initial appointment
- The personal representative was qualified to act at the time of appointment but is not now entitled to appointment”
Do You Want to Remove the Executor of an Estate Subject to Florida Probate? – Immediately Contact Your Florida Probate Lawyer
Removing a personal representative from an estate administration requires solid legal ground. Waste no time with uncertainty – call Attorneys Romy B. Jurado and Diana L. Collazos today at (305) 921-0976 or email [email protected] for an individual consultation.