How to Remove a Personal Representative in Florida

Statutory grounds, procedure, and cost of PR removal under Fla. Stat. § 733.504

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A Florida personal representative (PR, sometimes called an executor or administrator) is a fiduciary who can be removed by the probate court for misconduct, incapacity, or other statutory grounds. Removal is governed by Fla. Stat. § 733.504. The procedure is similar to a trustee removal — an interested person files a petition, the court holds an evidentiary hearing, and a successor is appointed.

Florida PR Removal — Frequently Asked Questions

How do I remove a personal representative in Florida?

Under Fla. Stat. § 733.504, an interested person files a petition in the probate court alleging statutory grounds for removal. Grounds include: adjudication of incompetency, physical or mental incapacity, failure to comply with court orders, failure to account, breach of fiduciary duty, conviction of a felony, or conflict of interest substantially affecting administration. The court holds an evidentiary hearing on the petition. If grounds are proven, the court enters an order removing the PR and appoints a successor (often the alternate named in the will, or a curator if no successor is available).

What are the grounds for removing a Florida personal representative?

Under Fla. Stat. § 733.504, removal grounds include: (1) Adjudication of incapacity; (2) Physical or mental incapacity rendering the PR incapable of administration; (3) Failure to comply with a court order, unless the order has been superseded on appeal; (4) Failure to account; (5) Wasting, embezzling, or mismanaging estate property; (6) Failure to give bond or security; (7) Conviction of a felony; (8) Insolvency or business failure that materially impairs administration; (9) Conflict of interest substantially affecting administration; (10) Removal would be in the best interests of the estate. The most common in practice are accounting failures and breach of fiduciary duty.

Who can petition to remove a Florida personal representative?

Under Fla. Stat. § 733.504(1), any interested person may petition for removal. Interested persons include: beneficiaries under the will, intestate heirs, creditors with allowed claims, the surviving spouse, and any person who may reasonably be expected to be affected by the administration. The court may also remove a PR on its own motion in extreme circumstances. Co-personal representatives sometimes petition for removal of an underperforming co-PR.

How long does it take to remove a Florida personal representative?

Uncontested PR removals (resignation or stipulated removal) can resolve in 30–90 days. Contested removal petitions typically take 4–12 months from filing to final order. Removal proceedings move faster than full estate litigation because the evidentiary hearing is narrower (focused on the specific statutory ground). If removal is granted, the successor PR must obtain letters of administration before resuming the administration.

What replaces a removed personal representative in Florida?

Under Fla. Stat. § 733.504(2)(a), if the will names a successor PR and the successor is willing and qualified to serve, the court appoints the successor. If no successor is named, or the named successor cannot serve, the court appoints a ‘curator’ under § 733.501 — typically a professional fiduciary (probate attorney, professional administrator, or corporate fiduciary). Interested persons can nominate proposed successors, and the court weighs the nominations against statutory preferences.

Can a Florida personal representative be sued personally?

Yes. Florida PRs are personally liable for breach of fiduciary duty under Fla. Stat. § 733.609. The action is similar to a trustee surcharge — the PR is sued individually for damages caused by the breach. Recoverable damages include: direct losses to the estate, disgorgement of profits from self-dealing, removal of the PR, and attorney’s fees and costs. The elements of breach of fiduciary duty (duty, breach, damages) come from cases like Crusselle v. Mong, 59 So. 3d 1178 (Fla. 5th DCA 2011).

How much does it cost to remove a Florida personal representative?

PR removal litigation typically costs $3,500–$5,000 for initial filings and demand letters, $10,000–$30,000 for contested petitions requiring discovery and an evidentiary hearing, and $30,000–$75,000+ for complex cases involving accounting disputes and parallel surcharge claims. Filing fees are minimal. Under Fla. Stat. § 733.106 and § 733.6171, fees may be paid from the estate (if the action benefited the estate) or against the PR personally (if removal was due to breach).

Does a Florida personal representative have to provide an accounting?

Yes. Under Fla. Stat. § 733.602 and the Florida Probate Rules, the PR must file an annual accounting (Rule 5.346) and a final accounting at the close of administration (Rule 5.400). The accounting must show all receipts, disbursements, distributions, and the inventory of estate property. Interested persons may object to the accounting within 30 days of service. Failure to provide a required accounting is grounds for removal under § 733.504 and personal liability for losses under § 733.609.

Florida Authority Cited on This Page

Cripe v. Atlantic First National Bank, 422 So. 2d 820 (Fla. 1982) — Carpenter undue influence framework extends to inter vivos transfers handled by fiduciaries.
Schiro v. Elliott, No. 2D2025-2366 (Fla. 2d DCA May 29, 2026) — Personal representative's homestead determination upheld on appeal; PR successfully defended creditor challenge to homestead trust property.

Case citations verified against CourtListener. This page is general information about Florida probate litigation and is not legal advice for your situation.