When someone passes away, families are dealing with grief, difficult decisions, and a lot of unfamiliar paperwork. When you can trust the person handling the estate, that makes the process much easier.
But what happens when you start to question the way the estate is being handled? Can a personal representative be removed in Florida?
Under Florida law, there are grounds and a process for that. However, the reason for removal needs to be something more than the beneficiaries disagreeing with the personal representative.
When Can a Personal Representative Be Removed?
A personal representative has certain responsibilities when administering an estate. But if they are not fulfilling their duties, then they can be removed.
Under Florida Statutes § 733.504, grounds for removal can include:
- Failing to comply with a court order
- Wasting or mismanaging estate assets
- Failing to account for estate property properly
- Being convicted of a felony
- Having a conflicting or adverse interest that interferes with the administration of the estate
There are a few other circumstances, including becoming legally incapacitated, failing to maintain a required bond, losing the qualifications necessary to serve, or certain changes in residency.
Remember that every estate is different. Sometimes one concern may justify court intervention, while in other situations it may not be enough to warrant a change.
Can a Beneficiary Ask to Remove a Personal Representative?
In many cases, an interested person can petition the probate court to remove a personal representative. The court may also start removal proceedings on its own.
But that doesn’t mean a beneficiary can have a personal representative removed because they don’t like the person’s decisions. Yes, there can be a lot of emotion surrounding an estate, especially when family members are involved. However, any removal must be done according to the grounds established under Florida law.
In these situations, a petition to remove a personal representative is filed in the probate court that issued the personal representative’s letters. Florida law allows the court or an interested person to begin the removal proceedings.
After a petition for removal is filed, the interested parties must receive the required notice. The court will address the removal proceeding according to the Florida Probate Rules. Depending on the situation, the court may schedule a hearing to determine whether grounds for removal exist.
What Happens If the Personal Representative Is Removed?
If the court removes the personal representative, the person’s Letters of Adminstration are revoked. After that, the court can appoint a successor personal representative to continue administering the estate.
Removal does not erase the former personal representative’s responsibilities. Florida law requires a removed personal representative to file a final accounting of the estate administration. And those estate records and property must be transferred as required by law or court order.
Unfortunately, removing someone from the position does not end the issue. There still may be work to do to account for what happened during that person’s time administering the estate. That is why you will want a reputable probate administration lawyer to help with these situations.
What Should You Do If You’re Concerned?
If something does not seem right with an estate, you may want answers. However, before thinking a personal representative should be removed, you may want to take a step back and look at the specific problem.
- Is there a missing accounting?
- Has an estate asset been improperly handled?
- Is a court order being ignored?
- Is there a conflict of interest?
- Is the disagreement about a decision the personal representative is legally allowed to make?
With help from an experienced Florida probate administration attorney, you can see whether the personal representative is living up to their responsibilities or needs to be replaced with another appointment.
When You Need Someone in Your Corner
Can a personal representative be removed in Florida? If you believe the person responsible for handling an estate is not living up to their duties, you may have legal options.
At Niebla Probate Firm, we help families know their rights and manage these probate issues, including concerns about personal representatives and estate administration.
You need an experienced legal team that is willing to work on your behalf. If you have questions or need assistance with probate administration, we are ready to help. Reach out today to schedule a consultation.
