In Florida, a personal representative (the term Florida uses instead of “executor” or “administrator”) can be removed or replaced by the probate court when they are no longer qualified to serve, have neglected their duties, or have acted against the interests of the estate. Removal is governed primarily by Florida Statutes section 733.504, and any interested person — an heir, a creditor, or a beneficiary — may petition for it. Once a personal representative is removed or resigns, the court appoints a successor to finish administering the estate.
Few moments in a probate case are as tense as the one where a family decides the person running the estate has to go. Sometimes the reason is obvious: money has gone missing, or the personal representative has simply vanished. More often it is quieter — months of silence, vague answers, a sense that something is being managed badly even if no one can prove fraud yet. Florida law gives heirs a path forward in both situations, but it is a path with specific rules, and how you walk it matters a great deal.
This guide explains who can serve in the first place, the statutory grounds for removal, the process the court actually follows, and what happens to the estate while the dispute plays out. It is written with intestate estates in mind — those with no will — because that is where appointment fights and removal petitions tend to cluster.
Who can serve as a Florida personal representative
Before you can argue that someone should be removed, it helps to understand why they were appointed and whether they were ever eligible to begin with. Florida sets qualification rules in sections 733.302 through 733.305.
A person is disqualified if they have been convicted of a felony, are mentally or physically unable to perform the duties, or are under 18. Non-residents of Florida can serve only if they are closely related to the decedent — a spouse, child, parent, sibling, or certain other relatives, or the spouse of such a relative. A bank or trust company authorized to act in Florida may also serve.
In an intestate estate, when there is no will naming anyone, section 733.301 sets the order of preference. The surviving spouse has first priority. If there is no spouse, or the spouse declines, the person selected by a majority in interest of the heirs comes next, followed by the heir nearest in degree of kinship. This order is exactly why intestate cases generate so many appointment and removal disputes: there is no document settling the question, so the statute — and the family’s relationships — decide it.
Legal grounds for removing a personal representative
You cannot remove a personal representative simply because you dislike them or disagree with a decision. The court needs a statutory reason. Section 733.504 lists the grounds, and the ones that come up most often are:
- Becoming subsequently disqualified — for example, a personal representative who is convicted of a felony or moves out of Florida and no longer meets the residency rule.
- Physical or mental incapacity that prevents them from doing the job.
- Failure to comply with a court order, including failing to file an inventory or accounting on time.
- Waste, embezzlement, or mismanagement of estate property — using estate funds for personal expenses is a classic example.
- Failure to account or to give required notice to interested persons.
- A conflict of interest that the personal representative refuses to disclose or resolve, or holding an interest adverse to the estate.
- Removal of domicile from Florida by a non-relative who relied on residency to qualify.
The statute also includes a catch-all: any other cause that makes the person unfit or unsuitable to continue. Courts read this carefully. Hostility between the personal representative and the beneficiaries, standing alone, is usually not enough — but hostility that paralyzes the administration or shows the representative is putting personal grievance ahead of the estate can tip the balance.
The difference between bad judgment and breach of duty
A practical distinction worth understanding: a personal representative owes a fiduciary duty to the estate and its beneficiaries. That means honesty, loyalty, and reasonable care. A defensible business decision that turns out poorly — selling a house in a soft market, say — is rarely grounds for removal by itself. Self-dealing, secrecy, or ignoring deadlines is a different matter. When you build a removal petition, you are framing the conduct as a breach of duty, not merely a difference of opinion. That framing is what separates a petition the court takes seriously from one it brushes aside.
Who can ask the court to remove a personal representative
Florida law lets any “interested person” petition for removal. In practice that includes:
- Heirs and beneficiaries who stand to inherit from the estate.
- Creditors with claims against the estate.
- A co-personal representative serving alongside the one in question.
- The court itself, which can act on its own motion under section 733.506 when it sees grounds.
“Interested person” is defined functionally — it turns on whether the outcome of the case affects you. In an intestate estate, the heirs identified by Florida’s intestacy statutes (sections 732.101 through 732.103) are the core group with standing. If you are unsure whether you qualify, that is one of the first questions worth resolving with counsel, because standing is often the first thing the opposing side will challenge.
The removal process, step by step
Removal is a formal proceeding, not a phone call to the clerk. Here is how it typically unfolds.
1. File a petition for removal
The interested person files a verified petition in the probate division where the estate is being administered, stating the specific grounds and the facts that support them. Generalities do not work; the petition should point to concrete acts or omissions — a missing accounting, a specific transaction, a deadline blown.
2. Notice and the right to respond
The personal representative must be served and given the chance to respond. This is an adversarial process. The representative can defend their conduct, and the burden is on the petitioner to establish the grounds. Expect the matter to be litigated, sometimes vigorously, especially among siblings in an intestate estate where old family dynamics are now playing out in court.
3. Discovery and a hearing
The parties may take discovery — depositions, document requests, financial records — and the court holds a hearing. The judge weighs the evidence against the statutory grounds and decides whether removal is warranted. In serious cases involving suspected theft, the court can move quickly to protect estate assets.
4. Suspension of powers
Under section 733.506, the court can suspend the personal representative’s powers while the petition is pending and even appoint a curator — a neutral, temporary administrator — to safeguard the estate’s assets in the interim. This is a powerful tool when there is a real risk of dissipation. It freezes the situation so that the dispute does not become moot because the money is already gone.
5. The order and surrender of assets
If the court grants removal, the former personal representative must turn over all estate assets and records to the successor or curator and file a final accounting of everything they handled. A removed representative does not simply walk away; they remain answerable for what happened on their watch.
What happens after removal: appointing a successor
Removal solves one problem and creates another — someone still has to administer the estate. Florida addresses this in sections 733.5061 and 733.508. The court appoints a successor personal representative, and in an intestate estate it returns to the statutory order of preference under section 733.301. The next person in priority among the heirs, or a neutral professional if the family cannot agree, takes over.
The successor steps into the same role with the same duties, and one of their first jobs is to review what the predecessor did. If the removed representative caused a loss to the estate, the successor — or the beneficiaries directly — can pursue a surcharge action to recover it, sometimes against the bond the representative was required to post.
Resignation: the quieter alternative
Not every exit is a removal. A personal representative who realizes they are in over their head, or who simply no longer wants the responsibility, can resign under section 733.5036. Resignation requires a petition, notice to interested persons, and a final accounting before the court discharges the representative and appoints a successor. In many family situations, a negotiated resignation is faster, cheaper, and far less bruising than a contested removal — and a good probate lawyer will often explore that path before filing a removal petition, especially where the underlying problem is overwhelm rather than wrongdoing.
How removal disputes intersect with broader estate litigation
Removing a personal representative is frequently just one front in a larger conflict. The same facts that justify removal — hidden assets, self-dealing, a contested appointment — often feed into accounting objections, surcharge claims, and, where there is a disputed document, a will contest. These pieces move together. If you are weighing a removal petition, it is worth understanding how it fits into the full landscape of so your strategy is coordinated rather than piecemeal.
It also helps to keep the basic mechanics of administration in view, since removal grounds are usually breaches of those mechanics. A clear picture of how a normal is supposed to run — the inventory, the notices, the accounting, the deadlines — is exactly what makes a personal representative’s failures stand out.
For matters centered in South Florida, the firm’s Florida team handles these disputes locally; you can learn more about its and how Palm Beach estates are administered.
Practical advice for heirs considering removal
If you are an heir in an intestate Palm Beach estate and worried about the person in charge, a few things will serve you well:
- Document everything. Keep a timeline of requests you made, what you were promised, and what actually happened. Courts respond to specifics.
- Ask for the accounting in writing first. Often a formal demand for an accounting either resolves your concern or produces the evidence you need.
- Act early if assets are at risk. If you suspect money is being moved or spent, suspension and a curator can stop the bleeding — but only if you move before it is too late.
- Weigh resignation against removal. A negotiated exit may get you to the same place faster and with less family damage.
You can read more about Florida intestate succession on our Florida probate overview, and if you want to understand how having a will would change all of this, our wills page explains the difference a valid document makes. When you are ready to talk through a specific estate, reach out through our contact page.
Removing or replacing a personal representative is serious litigation with real consequences for the estate and for family relationships. Done well, it protects the inheritance the law intends heirs to receive. Done carelessly, it drains the very estate everyone is fighting over. The difference usually comes down to building the petition on solid statutory grounds and moving at the right speed — which is exactly where experienced probate counsel earns their keep.
Frequently Asked Questions
What are the main grounds to remove a personal representative in Florida?
Under Florida Statutes section 733.504, the common grounds include becoming disqualified (such as a felony conviction or loss of Florida residency for non-relatives), physical or mental incapacity, failing to comply with a court order, waste or mismanagement of estate assets, failure to file required accountings or notices, and an undisclosed conflict of interest. There is also a catch-all for any cause that makes the person unfit to serve.
Who can petition the court to remove a Florida personal representative?
Any interested person can petition, including heirs, beneficiaries, creditors, and a co-personal representative. The court can also act on its own motion under section 733.506. In an intestate estate, the heirs identified under Florida’s intestacy statutes are the core group with standing to file.
What happens to the estate while a removal petition is pending?
The court can suspend the personal representative’s powers and appoint a curator — a neutral temporary administrator — under section 733.506 to protect the estate’s assets while the dispute is resolved. This prevents assets from being lost or spent before the court rules.
Who takes over after a personal representative is removed in an intestate estate?
The court appoints a successor personal representative under sections 733.5061 and 733.508. In an intestate estate, the court follows the statutory order of preference in section 733.301, typically the next qualified heir in priority, or a neutral professional if the family cannot agree.
Can a personal representative just resign instead of being removed?
Yes. Under section 733.5036, a personal representative can resign by filing a petition, giving notice to interested persons, and submitting a final accounting before the court discharges them and appoints a successor. A negotiated resignation is often faster and less contentious than a contested removal.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
