When a personal representative does not uphold the required standard of care, he/she may be removed from executing a decedent’s estate in Florida. The interested parties in removing a personal representative must file a petition with the probate court adjudicating the case.
In this article, you will find out how to remove a personal representative in Florida.
How to Remove a Personal Representative in Florida – As Provided by Law
Florida Statutes §733.504 provide a comprehensive list of the reasons that may lead to the removal of a personal representative, which includes:
- “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- Failure to comply with any order of the court, unless the order has been superseded on appeal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”
As provided by Florida Statutes §733.508 (1),” a removed personal representative shall file and serve a final accounting of that personal representative’s administration.”
Furthermore, Florida Statutes §733.509 add that “the removed personal representative shall immediately deliver all estate assets, records, documents, papers, and other property of or concerning the estate in the removed personal representative’s possession or control to the remaining personal representative or successor fiduciary.”
How to Remove a Personal Representative in Florida – Most Common Cases
Typically, most situations in which the beneficiaries to an estate are subject to probate in Florida proceed with actions to remove a personal representative involving either the personal representative own misbehavior or a conflict of interest.
In Florida, many civil litigations to remove a personal representative were filed because the individual appointed to fulfill the role stole, wasted, or mismanaged the assets held within probate estate.
On the other hand, litigations involving conflict of interest are more complex, as the existence of a conflict of interest itself is not sufficient to remove a personal representative. In such cases, the court will consider the degree of the conflict to adjudicate the case.
In this type of situation, state laws permit the court to appoint an “administrator ad litem” to supervise the issues where the personal representative was found to have an interest adverse to the estate.
Also, it is not uncanny to find cases involving disputes between the personal representative and the beneficiaries of an estate subject to probate. While statutory provisions explicitly affirm this type of situation incurs the removal of a personal representative, courts tend to be more discretionary.
Removing Personal Representative in Florida Probate – Immediately Contact Your Florida Probate Lawyer
Handling a litigation process during probate may be an overwhelming task that requires an expert approach. Waste no time – call Attorneys Romy B. Jurado and Diana L. Collazos today at (305) 921-0976 or email [email protected] to schedule a consultation.
