When Can a Florida Court Remove the Personal Representative of an Estate?

One of the more common subjects in estate litigation are attempts to remove the personal representative (executor) of a probate estate. In many cases, family members are unhappy with how the personal representative is doing–or not doing–their job. If you are involved in such a dispute, the Tampa estate litigation attorneys at Bleakley Bavol Denman & Grace can advise you on what steps to take to assert your rights under the law.

Removal Requires Due Process Regardless of Reason

Section 733.504 of the Florida Statutes spells out the reasons a probate court can remove a personal representative. Such reasons include:

• the personal representative is determined to be physically or mentally incapacitated, and therefore no longer capable of continuing to carry out their duties;
• the personal representative is convicted of a felony;
• the personal representative wastes or fails to properly administer the estate’s assets;
• the personal representative fails to provide an accounting of the sale of property when required to do so;
• the personal representative fails to give bond or security;
• the personal representative has or acquires a conflict of interest against the estate that may interfere with its administration;
• the will nominating the personal representative is revoked by the probate court; or
• the personal representative was required to be a Florida resident at the time of their appointment but now no longer resides in the state.

Regardless of the reasons involved, the removal of a personal representative still requires a formal judicial process. The probate court must hold a hearing and allow the personal representative a chance to defend themselves and oppose removal.

For example, a Florida appeals court recently reversed a probate court’s decision to remove a personal representative precisely because of a lack of basic due process.

The case, Maestrales v. Maestrales, involved an attempt by a brother to remove his sister as personal representative of their late father’s estate. The father appointed the daughter as personal representative in his will, which was admitted to probate. Some years later, another daughter who had been estranged from the father, filed a petition to remove her sister as personal representative. The brother then filed a separate petition for removal.

The probate court scheduled separate hearings on each petition. But the night before the hearing on the estranged daughter’s petition, she decided to dismiss her petition. The court nevertheless proceeded the next day to hear the son’s petition, which neither the personal representative nor her attorney attended. The judge proceeded to grant the son’s petition for removal.

The Florida Fourth District Court of Appeal reversed that decision. Without ruling on the merits of the son’s petition, the appellate court held the probate judge deprived the removed personal representative of due process. The court could not use a hearing scheduled on the estranged daughter’s petition to consider and rule on the brother’s separate petition. At a minimum, the personal representative had the right to appear at a hearing specifically called on the brother’s petition.

Contact a Tampa Estate Litigation Attorney Today

While issues like this may seem like minor legal technicalities, they can play a critical role when it comes to handling a family member’s estate. The Tampa estate litigation attorneys at Bleakley Bavol Denman & Grace can advise you if you find yourself in this situation. Contact us today at (813) 221-3759 to schedule a consultation.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0733%2FSections%2F0733.504.html

4dca.flcourts.gov/content/download/2455880/opinion/Opinion_2024-1879.pdf