In Florida, the person who manages an estate is called the personal representative (most people still say “executor”). When that person is doing the job poorly, or worse, beneficiaries in Boca Raton often ask whether they can be removed. The answer is yes, but only the probate court can do it, and you need legal grounds. Here is what first-time beneficiaries should understand.
You Cannot Simply Fire a Personal Representative
Once the court appoints a personal representative, beneficiaries cannot vote them out or replace them by agreement alone. Removal happens through a petition filed in the same probate case at the Palm Beach County courthouse, and a judge decides. This protects the orderly administration of the estate, but it means you must come prepared with reasons the law recognizes.
Legal Grounds for Removal
Florida lists the grounds in section 733.504. Common ones include:
- Mismanaging the estate or wasting its assets
- Failing to account, file required documents, or comply with a court order
- A conflict of interest or adverse interest that hurts the estate
- Becoming incapacitated, or being convicted of a felony
- No longer qualifying to serve, such as a nonresident who is not a close relative as Florida requires
General frustration or slow pace alone may not be enough; the issue must fit a statutory ground and usually must harm the estate or the beneficiaries.
The Petition Process
An interested person, typically a beneficiary or co-personal representative, files a petition for removal stating the grounds and the supporting facts. The personal representative receives notice and a chance to respond. The court may hold a hearing where both sides present evidence such as bank records, accountings, or correspondence. If the judge finds removal warranted, the court revokes the letters of administration and appoints a successor.
Suspension and Emergency Relief
If assets are at immediate risk, the court can act quickly. Under the probate rules, a judge may suspend the personal representative’s powers or appoint a curator to safeguard the estate while the removal question is decided. This is important when, for example, money is disappearing from estate accounts and waiting for a full hearing could cause permanent loss.
Costs, Fees, and Consequences
A removed personal representative must turn over estate property and a final accounting to the successor. They may be held liable for losses they caused, and the court can deny or reduce their compensation. Be aware that contested removal can generate attorney fees on both sides, so weigh the cost against the harm you are trying to stop.
Gather Your Evidence First
Courts respond to facts, not feelings. Before filing, collect documentation: missing accountings, unexplained withdrawals, ignored requests, or proof the representative no longer qualifies. Organized evidence makes a stronger petition and a faster resolution.
Talk to a Florida Probate Attorney
Removal is one of the most contested areas of Florida probate, and the procedure is unforgiving of errors. This article is general information, not legal advice. If you believe a Boca Raton estate is being mishandled, consult a licensed Florida probate attorney to evaluate your grounds and protect the estate.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
