Pankauski Law Firm PLLC

In Florida Estate Litigation, How Can I Remove a Personal Representative?

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Are you having problems with the personal representative of your Florida estate in West Palm Beach Probate court? Do you want to remove the personal representative in your Fort Lauderdale estate administration? You may be able to use the text of §733.504 to your benefit.

Probate Litigation and Removal of a Personal Representative

Section 733.504 of the Florida Probate Code

  1. Adjudication that the personal representative is incapacitated.
  2. Physical or mental incapacity rendering the personal representative incapable of the discharge of his or her duties.
  3. Failure to comply with any order of the court, unless the order has been superseded on appeal.
  4. Failure to account for the sale of property or to produce and exhibit the assets of the estate when so required.
  5. Wasting or maladministration of the estate.
  6. Failure to give bond or security for any purpose.
  7. Conviction of a felony.
  8. Insolvency of, or the appointment of a receiver or liquidator for, any corporate representative.
  9. 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 the code.
  10. Revocation of the probate of the decedent’s will that authorized or designated the appointment of the personal representative.
  11. Removal of domicile from Florida, if domicile was a requirement of initial appointment.
  12. The personal representative would not now be entitled to appointment.

You can see the full text of Section 733.504 of the Florida Probate Code here.

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