Fired by the Court: When a Florida Probate Judge Can Remove a Personal Representative
Most personal representatives do a decent job of settling an estate. Some stall for months, favor one beneficiary over the others, or treat estate accounts like their own. If that sounds familiar, it helps to know that a personal representative is not untouchable. The probate court that issued the appointment can take it back.
The Grounds for Removal
Section 733.504, Florida Statutes, spells out when a court can revoke a personal representative’s letters. It says removal is required if the person was not qualified to serve at the time of appointment. Beyond that, the court may act for causes that include:
- Wasting or maladministration of the estate
- Failure to comply with a court order
- Failure to account for the sale of property, or to produce and exhibit estate assets when required
- Failure to give a required bond or security
- Physical or mental incapacity that makes it impossible to do the job
- Conviction of a felony
- Moving out of Florida when Florida domicile was a condition of the appointment
The statute also says removal is in addition to any other penalties the law provides. Notice what is not on the list. Simple frustration with how slowly things are moving will not carry a petition. Courts look for conduct tied to the estate itself, which is why the facts matter so much.
How a Removal Case Starts
Under section 733.506, either the court or an interested person can begin a removal proceeding. Section 733.505 requires the petition to be filed in the court that has jurisdiction over the administration, which is the same probate case that is already open. Florida Probate Rule 5.440(a) adds that the petition must state the facts that make up the grounds for removal. General accusations will not do the job. Dates, missed deadlines, unexplained withdrawals, and ignored court orders will.
Rule 5.025(a)(1) treats a proceeding to remove a personal representative as an adversary proceeding unless the court orders otherwise. That means formal notice must be served and the Florida Rules of Civil Procedure generally apply, so expect a response, possible discovery, and a hearing where both sides present evidence. Gathering bank statements, correspondence, and any court filings before you file can make a real difference.
Life After Removal
A removed personal representative does not simply walk away. Under Rule 5.440, the person must file an accounting within 30 days and deliver all estate records and property to the remaining or successor fiduciary. Failing to do either can lead to contempt proceedings. The estate then moves forward under new leadership, which is often exactly the relief families have been waiting for.
If an estate in Palm Beach County has stalled because of the person in charge, our West Palm Beach probate lawyers at the Law Offices of Larry E. Bray, P.A. can look at what has happened and explain whether a removal petition makes sense. Call us before more time passes and assets become harder to trace.
Source:
flsenate.gov/Laws/Statutes/2025/733.504
