Estate Money Missing? What Florida Beneficiaries Can Do About a Breach of Fiduciary Duty
Waiting for an inheritance is hard enough. Waiting while the person in charge goes quiet, spends freely, or pays themselves too much is worse. Florida law treats a personal representative as a fiduciary, and beneficiaries have real tools to push back.
The Standard a Personal Representative Must Meet
Section 733.609(1), Florida Statutes, says a personal representative’s fiduciary duty is the same as that of a trustee of an express trust. A personal representative who breaches that duty is liable to interested persons for the damage or loss that results. Common warning signs include:
- Estate property sold to friends or relatives at a discount
- Large payments to the personal representative with no explanation
- Refusal to share basic information about estate assets
- Estate money mixed with personal funds
- Long delays in paying beneficiaries with no good reason
Remedies Available in Probate Litigation
Beneficiaries are not limited to waiting and hoping. Depending on the facts, the options include:
- Getting the numbers. Under section 733.604(3), a beneficiary who makes a written request must be given a written explanation of how an inventory value was determined, or a copy of the appraisal if one was obtained.
- Challenging compensation. Section 733.6175 lets the court review the reasonableness of pay to the personal representative and to anyone the personal representative hired. The burden of proof sits with the personal representative and the person employed, and anyone found to have received excessive compensation can be ordered to make refunds.
- Seeking a surcharge. This is a claim for money damages to restore what the estate lost. Rule 5.025(a)(1) of the Florida Probate Rules lists proceedings to remove or surcharge a personal representative as adversary proceedings, so formal notice and the civil rules apply.
- Asking for removal. Wasting or maladministration of the estate is a listed cause for removal under section 733.504(5), and a court can replace the fiduciary while the case continues.
These tools are often used together. A request for information can reveal the problem, a compensation review can expose overpayment, and a surcharge claim can put the money back.
Who Pays the Legal Bills
Litigation costs worry many beneficiaries. Section 733.609(1) directs the court to award taxable costs, including attorney’s fees, in actions for breach of fiduciary duty or challenging how a personal representative used or failed to use estate powers. Under subsection (2), the court may order payment from a party’s interest in the estate, enter a judgment that can be satisfied from other property, or do both. In practical terms, a fiduciary who loses can end up paying from their own pocket or their own share.
Think a personal representative has crossed the line? Speak with one of our West Palm Beach estate and trust litigation attorneys at the Law Offices of Larry E. Bray, P.A. to find out which remedies fit your situation and how quickly to move.
Source:
flsenate.gov/Laws/Statutes/2025/733.609
