Removing or replacing a Florida personal representative means asking the probate court to revoke a fiduciary’s authority over an estate—either because that person has become legally disqualified or because they have failed in their duties—and to appoint a successor in their place. Under Florida law, a personal representative does not serve at the pleasure of the beneficiaries; removal requires a statutory ground and a court order. Any interested person may petition, but the burden of proof rests on the party seeking removal.
I have watched more than one family discover, months into an estate administration, that the person holding the checkbook is the wrong person for the job. Sometimes it is obvious—missing funds, a house sold to a cousin for half its value. More often it is quieter: calls that go unreturned, an inventory that never gets filed, a sense that the estate is drifting. This article walks through how Florida actually handles removal and replacement, what the statutes say, and where families tend to stumble.
What a Florida Personal Representative Is—and Why Removal Is Hard
In Florida, the person who administers a decedent’s estate is called the personal representative (other states say “executor” or “administrator,” but the Florida Probate Code uses one term). Once the court issues letters of administration, that person holds a fiduciary duty to the estate and its beneficiaries. They marshal assets, pay valid creditor claims, file tax returns, and distribute what remains according to the will or the intestacy statutes.
The reason removal is hard is structural. The court appointed this person—often because the will named them, or because they had statutory priority under Florida Statutes § 733.301. Courts are reluctant to second-guess a testator’s choice of fiduciary or to disrupt an administration over personality conflicts. Disagreeing with the personal representative, even strongly, is not a ground for removal. You need something the statute recognizes.
This is the same threshold I explain to clients moving from a contested guardianship into probate—a context our firm sees constantly. The protections that surrounded a ward during guardianship do not automatically carry over once that person dies and the estate opens. A new fiduciary takes over, and the family must re-establish oversight under a different chapter of Florida law.
Statutory Grounds to Remove a Personal Representative
The controlling statute is Florida Statutes § 733.504, which lists the grounds for removal. A personal representative may be removed, and their letters revoked, for causes including:
- Adjudication of incapacity after appointment, or physical or mental incapacity that renders them incapable of discharging their duties.
- Failure to comply with a court order, unless the order has been superseded on appeal.
- Failure to account for the sale of property or to produce and exhibit estate assets when ordered.
- Wasting or maladministration of the estate—the catch-all that covers self-dealing, neglect, and squandered assets.
- Failure to give bond or security for any purpose when required.
- Conviction of a felony.
- Insolvency of, or the appointment of a receiver or liquidator for, a corporate personal representative.
- Holding or acquiring a conflicting or adverse interest against the estate that will or may interfere with proper administration—though the statute carves out interests the decedent already knew about, such as a surviving spouse’s claims.
- Revocation of the probate of the decedent’s will that authorized the appointment.
- Removal of domicile from Florida, if domicile was required for appointment.
- Becoming disqualified under § 733.303—for example, no longer being a Florida resident and not within the narrow class of nonresidents allowed to serve.
Two of these deserve special attention because they account for most of the contested cases I handle. Maladministration is broad on purpose; it lets a court act when a representative is technically following procedure but harming the estate—failing to insure property, letting a business decline, paying themselves unreasonable fees. And the conflict-of-interest ground frequently surfaces when the personal representative is also a beneficiary, a creditor, or a buyer of estate property. A conflict alone is not automatically disqualifying, but a conflict that interferes with administration is.
Disqualification Is Different From Removal
It helps to separate two ideas. A person can be disqualified from serving at all under § 733.303—because they are a non-Florida-resident who is not a close relative, because they are under 18, because they are mentally or physically unable to perform the duties, or because they have been convicted of a felony. Disqualification is about eligibility. Removal under § 733.504 is about cause arising after a qualified person is already serving. In practice the petitions often overlap, and you can plead both in the alternative.
Who Can Petition, and How the Process Works
Under § 733.505, removal proceedings may be commenced by the court on its own initiative or on the petition of any interested person—a phrase the Probate Code defines broadly to include beneficiaries, heirs, creditors, and others whose interests may be affected. You do not have to be the largest beneficiary. A residuary heir with a modest share has standing.
The mechanics generally look like this:
- File a verified petition for removal in the circuit court handling the estate—in Palm Beach County, that is the probate division of the Fifteenth Judicial Circuit. The petition states the statutory ground and the supporting facts.
- Serve formal notice on the personal representative and other interested persons under the probate rules, giving them an opportunity to respond.
- Conduct discovery where the facts are disputed—depositions, document requests, and often a demand for an accounting if one has not been filed.
- Seek interim relief if assets are at risk. The court can suspend a personal representative’s powers and appoint a curator under § 733.501 to protect the estate while the removal petition is pending. That is the tool I reach for when money is actively disappearing.
- Hold an evidentiary hearing where the petitioner carries the burden of proving the ground by the applicable standard.
- Appoint a successor if removal is granted—revoking the current letters and issuing new letters to the next person with statutory priority or another qualified individual.
One practical note: a personal representative who resigns voluntarily under § 733.502 can short-circuit a contested fight. When I see a representative who is in over their head rather than acting in bad faith, a negotiated resignation often serves the estate—and the beneficiaries—far better than a year of litigation. Contests over fiduciary conduct can escalate quickly, much like the our affiliated New York office handles, and the costs come out of the very estate everyone is fighting over.
What Happens to the Estate After Removal
Removal does not erase the prior representative’s obligations. Under § 733.508, a removed personal representative must file a final accounting and turn over all estate assets, records, and property to the successor or curator. If they refuse, the court can compel them and surcharge them—meaning hold them personally liable—for losses caused by their breach of duty.
The successor then steps into the administration as it stands. They do not start over. They review what has been done, complete what is unfinished, file any overdue inventory or accounting, and move the estate toward distribution and closing. A well-chosen successor with experienced counsel can stabilize an estate that has spent a year going nowhere.
Beneficiaries sometimes ask whether they can recover the fees the bad representative paid themselves, or the money lost to mismanagement. The answer is often yes, through a surcharge action and by objecting to fees as unreasonable under § 733.617. These claims are frequently litigated alongside the removal petition rather than after it, so that one judge resolves the whole dispute.
Florida vs. Other States: Why Local Counsel Matters
Probate is governed by state law, and the differences are real. Florida’s residency and family-relationship rules for who may serve are stricter than many states’. New York, for instance, handles fiduciary removal and the categories of estate proceedings under its own Surrogate’s Court framework—if you are juggling assets or family in both states, it is worth understanding how compare to Florida administration. For estates rooted in South Florida, though, you want counsel who lives in the Florida Probate Code day to day. Our Florida team handles , and the Palm Beach division has its own local rhythms and expectations that out-of-state lawyers tend to miss.
Practical Advice Before You File
Removing a personal representative is serious. Before filing, take three steps. First, gather evidence—bank statements, the docket, correspondence showing missed deadlines or ignored requests. Courts decide these cases on proof, not frustration. Second, request a formal accounting; the response (or silence) often tells you whether you have a maladministration case. Third, weigh the cost. If the representative is merely slow, a demand letter or a motion to compel may fix the problem faster and cheaper than removal.
If, after that, the conduct fits a statutory ground and the estate is genuinely at risk, do not wait. Assets that disappear are hard to recover, and a curator appointment can freeze a deteriorating situation while the court sorts out the merits. When you are ready to evaluate your options, speak with a Palm Beach probate attorney who can review the file and tell you candidly whether a removal petition is worth pursuing. You may also want to revisit your own will and fiduciary nominations so your family never faces the same fight.
Frequently Asked Questions
What are the legal grounds to remove a personal representative in Florida?
Florida Statutes § 733.504 lists the grounds, including incapacity, failure to comply with a court order, failure to account for or produce estate assets, wasting or maladministration of the estate, failure to give required bond, conviction of a felony, holding a conflicting interest that interferes with administration, and disqualification under § 733.303. Disagreement with the representative’s decisions, by itself, is not a ground.
Who can ask the court to remove a Florida personal representative?
Under § 733.505, any interested person—beneficiaries, heirs, creditors, or others whose interests may be affected—can petition for removal, and the court may also act on its own initiative. You do not need to be the largest beneficiary; even a modest residuary share confers standing.
Can the court protect the estate while a removal petition is pending?
Yes. The court can suspend the personal representative’s powers and appoint a curator under § 733.501 to safeguard estate assets during the dispute. This interim step is common when funds appear to be at risk and the family cannot wait for a final hearing.
What happens to a personal representative who is removed?
Under § 733.508, a removed representative must file a final accounting and turn over all assets and records to the successor or curator. If they breached their duties, the court can surcharge them—hold them personally liable—for losses, and beneficiaries can object to any unreasonable fees they paid themselves.
Is it faster to have the personal representative resign instead of removing them?
Often, yes. A voluntary resignation under § 733.502 can avoid a lengthy, expensive contest. When a representative is overwhelmed rather than acting in bad faith, a negotiated resignation and orderly handoff to a successor usually serves the estate and beneficiaries better than litigation paid for out of estate funds.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .