A Florida personal representative can be removed by the probate court when statutory grounds exist — such as mismanaging estate assets, failing to file required accountings, having an adverse interest, or becoming legally unqualified to serve. Removal is governed primarily by Florida Statutes section 733.504, and once a representative is removed the court appoints a successor under section 733.5061. Any interested person — an heir, a beneficiary, a creditor, or a co-representative — may petition for removal, but the court requires real evidence of misconduct or incapacity, not merely disappointment with how the estate is being handled.
In Palm Beach County, where so many estates are anchored by a homestead, a waterfront condo, or rental property, a representative who drags their feet or quietly favors one branch of the family can do lasting financial damage before anyone notices. This guide walks through when and how to remove or replace a personal representative in Florida, what the process looks like in practice, and what happens to estate property — especially real estate — while the dispute is pending.
What a Florida Personal Representative Is — and Why Removal Matters
In Florida, the person who administers a decedent’s estate is called the personal representative (other states call this role the executor or administrator). The personal representative is a fiduciary. That word carries weight: it means they must act in the best interests of the estate and its beneficiaries, not in their own interest, and they must do so with reasonable care, loyalty, and impartiality.
When a personal representative breaches that duty, the consequences land directly on the people the estate is supposed to protect. A delayed sale can cause a vacant Boca Raton home to rack up unpaid taxes, insurance lapses, and code violations. An accounting that never arrives hides whether money is missing. And a representative who plays favorites among heirs can quietly tilt the entire distribution. Removal is the court’s tool for stopping that harm and putting a trustworthy person in charge.
Florida courts do not remove a personal representative lightly, though. The person who nominated this representative — usually the decedent, through a will — chose them for a reason, and that choice is entitled to respect. So the burden falls on whoever seeks removal to prove a statutory ground.
Statutory Grounds for Removal Under Florida Law
The controlling statute is Florida Statutes section 733.504, which lists the specific causes for which a personal representative may be removed. Removal is not available simply because a beneficiary is unhappy or because family members do not get along. There must be a recognized ground. The statute includes, among others:
- Adjudication of incapacity — the representative is judged legally incapacitated.
- Physical or mental incapacity rendering the representative unable to discharge the duties of the office.
- 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 required accountings or inventories.
- Wasting or maladministration of the estate.
- Failure to give bond or security when required.
- Conviction of a felony after appointment.
- Insolvency of, or the appointment of a receiver or liquidator for, a corporate representative.
- Holding or acquiring conflicting or adverse interests against the estate that may interfere with administration as a whole.
- Revocation of the probate of the decedent’s will that authorized or designated the appointment.
- Disqualification from serving as the personal representative would have been disqualified at the time of appointment.
- Domicile change by a Florida resident representative, where the change would have disqualified them initially.
That last cluster of grounds matters in a transient county like Palm Beach. Florida’s qualification statute, section 733.302 and related provisions, restricts who may serve — for example, a person convicted of a felony, or a nonresident who is not closely related to the decedent, generally cannot serve. If a representative becomes disqualified after the fact, that becomes a removal ground in its own right.
Conflict of Interest and Self-Dealing
Among the most common real-world triggers we see is the adverse interest ground. Picture a representative who is also a co-owner of the decedent’s rental property, or who wants to buy the homestead from the estate at a below-market price. Florida law does not automatically bar a beneficiary from serving — beneficiaries serve all the time, which is normal and expected. What it bars is using the office to enrich oneself at the estate’s expense. When that adverse interest threatens administration as a whole, removal is on the table.
Who Can Petition for Removal
Any interested person may file a petition to remove a personal representative. Florida Statutes section 731.201 defines an interested person broadly as anyone who may reasonably be expected to be affected by the outcome of the proceeding. In practice, that usually means:
- A beneficiary named in the will.
- An heir who would inherit under Florida’s intestacy laws.
- A co-personal representative who objects to the other’s conduct.
- A creditor with a valid claim against the estate.
- The court itself, which may act on its own initiative under section 733.506.
Importantly, the court has independent authority to remove a representative even without a petition. Under section 733.506, removal proceedings may be commenced by the court on its own motion when the record shows cause. Judges in Palm Beach County’s probate division do not hesitate to act when accountings are years overdue or when court orders are openly ignored.
The Removal Process: Step by Step
Removing a personal representative is a contested probate proceeding, and it follows a recognizable arc. While every case differs, the typical sequence looks like this.
1. File a Petition for Removal
The interested person files a verified petition in the circuit court handling the estate, stating the statutory ground relied upon and the facts supporting it. Vague accusations are not enough — the petition should point to specific conduct: the missed accounting deadline, the unauthorized transfer, the property allowed to fall into disrepair.
2. Serve and Notice the Parties
The personal representative and other interested persons must receive formal notice and an opportunity to respond. The representative is entitled to defend the office; due process applies here just as in any contested matter.
3. Consider Suspension of Powers
This step is frequently overlooked and frequently decisive. Under Florida Statutes section 733.5061 and the court’s general supervisory authority, a judge may suspend the powers of a personal representative during the pendency of a removal proceeding and may appoint a curator under section 733.501 to preserve and protect estate assets in the interim. If a home is about to be sold to an insider, or rent is disappearing, a motion to suspend powers can stop the bleeding before the full hearing.
4. Discovery and Hearing
Both sides exchange documents, take depositions if needed, and present evidence at an evidentiary hearing. The petitioner carries the burden of proving a statutory ground by the applicable standard. Bank records, accountings, property records, and communications often tell the story more persuasively than testimony.
5. Removal and Appointment of a Successor
If the court finds grounds, it enters an order removing the representative. The removed representative must surrender assets and account for everything that passed through their hands. The court then appoints a successor under section 733.5061, which sets the order of preference — generally honoring the decedent’s expressed wishes and any successor named in the will before turning to other qualified persons.
What Happens to Estate Property During the Fight
This is where real-property-heavy Florida estates demand special attention. A removal dispute does not pause the carrying costs of real estate. Property taxes accrue. Homeowner’s and windstorm insurance must stay current — a lapse on a coastal Boca Raton property is a catastrophe waiting to happen. Mortgages, HOA dues, and maintenance do not wait for the litigation to resolve.
Because of that, preserving real property is often the first priority, not the last. A curator or a suspended-then-replaced representative needs to:
- Confirm that all insurance policies on estate real estate are active and adequate.
- Keep property taxes and association assessments current to avoid liens.
- Secure vacant homes against weather, theft, and code enforcement.
- Account for rental income and ensure tenants are paying into the estate, not into someone’s pocket.
- Avoid any sale of real property that lacks court authority or that benefits an insider.
One of the most damaging scenarios we see is a representative who lets a homestead sit idle for two years while the family fights, then is surprised that the property has lost value and accumulated tax liens. Probate disputes can drag, and as practitioners at Morgan Legal Group describe in their overview of , delay and asset deterioration are recurring themes across jurisdictions — Florida and New York alike.
Resignation, Voluntary Replacement, and Other Alternatives
Not every change of personal representative requires a contested removal. Sometimes the cleaner path is voluntary. A personal representative who no longer wishes to serve — because of illness, relocation, or simple fatigue with the role — may resign. Florida Statutes section 733.502 sets out the resignation procedure, which generally requires filing a petition, giving notice, and accounting for the administration before being discharged. The court will not let a representative walk away without first squaring the books.
In other cases, the family agrees that a different person should take over, and the parties can stipulate to a replacement and present it to the court for approval. A negotiated transition is almost always faster, cheaper, and less corrosive to family relationships than a full-blown removal fight. An experienced probate attorney can often broker that outcome before litigation calcifies positions.
There are also intermediate remedies short of removal. If the core problem is a representative who simply will not communicate or account, a court order compelling an accounting under section 733.501 and related provisions may solve the issue without unseating anyone. Removal is the strong medicine; sometimes a lesser dose works.
Costs, Surcharge, and Who Pays
A common question is who foots the bill. As a general matter, a personal representative is entitled to have reasonable attorney’s fees and costs of administration paid from the estate. But that protection is not unlimited. When a representative is removed for misconduct, Florida courts can impose a surcharge — a personal money judgment requiring the representative to repay the estate for losses caused by their breach of duty. The court can also decline to award fees for litigation that the representative wrongfully forced the estate to endure.
In other words, a representative who fights removal in bad faith can end up paying out of their own pocket, both for the harm they caused and for the cost of the fight. That risk is a powerful incentive to resolve disputes early and honestly.
How a Boca Raton Probate Attorney Helps
Removal and replacement proceedings sit at the intersection of probate procedure, fiduciary law, and — in property-heavy estates — real estate. The factual record has to be built carefully, the right interim relief has to be requested at the right moment, and the successor has to be positioned to stabilize the estate the day they are appointed. Getting any of those pieces wrong can cost the estate dearly.
If you believe a personal representative is mismanaging a Florida estate, or if you are a representative facing accusations you believe are unfounded, get counsel before the next deadline passes. For estate-specific guidance you can review our overview of Florida probate administration and the role that a valid will plays in naming and replacing fiduciaries, then reach out through our Boca Raton office to discuss your situation.
Our firm handles Florida probate matters and works alongside Morgan Legal Group’s regional offices. For deep, structured guidance on estate administration, see Morgan Legal’s resource on , and for Florida-specific representation visit Morgan Legal Group’s . Whether the goal is removing a representative who has lost the court’s trust or defending a good-faith fiduciary against a strategic attack, the sooner an attorney is involved, the more of the estate there is left to protect.
Frequently Asked Questions
What are the grounds for removing a personal representative in Florida?
Florida Statutes section 733.504 lists the grounds, including incapacity, failure to comply with a court order, failure to account, wasting or maladministration of the estate, holding an adverse interest against the estate, conviction of a felony after appointment, and becoming disqualified to serve. The person seeking removal must prove one of these statutory causes — general dissatisfaction is not enough.
Who can petition to remove a Florida personal representative?
Any interested person may petition for removal, including beneficiaries, intestate heirs, creditors with valid claims, and co-personal representatives. Under section 731.201, an interested person is anyone who may reasonably be expected to be affected by the proceeding. The probate court may also begin removal proceedings on its own initiative under section 733.506.
Can a personal representative be suspended while a removal case is pending?
Yes. Under section 733.5061 and the court’s supervisory authority, a judge can suspend the powers of a personal representative during a removal proceeding and appoint a curator under section 733.501 to preserve estate assets — particularly important when real estate, insurance, or rental income is at risk.
What happens to estate real estate during a removal dispute?
Carrying costs continue regardless of the litigation. Property taxes, insurance, HOA dues, and maintenance must stay current, and rental income must be properly accounted for. A curator or successor representative should immediately secure the property, confirm insurance is active, and prevent any unauthorized or insider sale of real estate.
Does a personal representative who is removed have to repay the estate?
Possibly. If a representative is removed for misconduct, the court can impose a surcharge — a personal money judgment requiring them to reimburse the estate for losses caused by their breach of duty — and may deny their attorney’s fees for litigation they wrongfully caused. This is separate from the duty to account for and surrender all estate assets upon removal.
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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 .
