Removing a Personal Representative in Florida: Grounds and Procedure Under Fla. Stat. 733.504

When a loved one passes away in Miami and their estate enters probate, the personal representative holds significant power over estate assets, creditor claims, and distributions to beneficiaries. Florida law imposes strict fiduciary duties on that person — but what happens when the personal representative mismanages the estate, ignores beneficiaries, or has an irreconcilable conflict of interest? Florida Statute 733.504 provides the answer: a court-supervised removal process available to interested persons who can prove one or more statutory grounds.

This page explains exactly what Fla. Stat. 733.504 requires, how removal proceedings work in the Probate Division of the Eleventh Judicial Circuit Court in Miami-Dade County, what deadlines apply, and what happens after a personal representative is removed.

Who Can Seek Removal of a Personal Representative?

Under Fla. Stat. 733.506, removal proceedings "may be commenced by the court or upon the petition of an interested person." Florida Statute 731.201(23) defines an "interested person" as anyone who may reasonably be expected to be affected by the outcome of the proceeding. In practice, this typically includes:

• Beneficiaries named in the will
• Intestate heirs (when there is no will, or the will fails)
• Creditors of the estate with pending claims
• A successor or alternate personal representative named in the will
• In some circumstances, a trustee of a trust that is a beneficiary of the estate

Importantly, the probate judge may also initiate removal on the court's own motion — something Miami-Dade probate judges will do when accountings are overdue or the estate has stalled without explanation.

The Twelve Statutory Grounds for Removal Under Fla. Stat. 733.504

Florida Statute 733.504 lists twelve specific causes for removal. A petitioner must prove at least one. The statutory grounds are:

1. Adjudication of incapacity. The personal representative has been adjudicated incapacitated by a court.
2. Physical or mental incapacity. Even without a formal adjudication, a personal representative who is physically or mentally incapable of discharging the duties of the office may be removed.
3. Failure to comply with a court order. This is one of the most commonly invoked grounds in Miami-Dade probate — for example, ignoring an order compelling an accounting or an order to distribute assets, unless the order has been superseded on appeal.
4. Failure to account for the sale of property or to produce and exhibit estate assets when required.
5. Wasting or maladministration of the estate. This covers dissipating assets, letting property fall into disrepair, allowing insurance to lapse on a Coral Gables or Brickell condominium, or making imprudent investments with estate funds.
6. Failure to give bond or security for any purpose when required by the court.
7. Conviction of a felony. A felony conviction — whether before or after appointment — disqualifies a person from serving under Fla. Stat. 733.303(1)(a) and supports removal.
8. Insolvency of a corporate personal representative, or its appointment of a receiver or liquidator.
9. Adverse interests that will or may interfere with administration. Critically, the statute expressly states that a declaration of interest by a surviving spouse (such as an elective share election) or a mere dispute over a claim is not, by itself, an adverse interest requiring removal. The conflict must actually interfere with the administration of the estate as a whole.
10. Revocation of the probate of the will that authorized the appointment.
11. Removal of domicile from Florida, if domicile was a requirement of initial appointment. A non-relative personal representative who moves out of Florida after appointment loses eligibility under Fla. Stat. 733.304.
12. The personal representative would not now be entitled to appointment. This catch-all incorporates the qualification requirements of Fla. Stat. 733.302–733.305 — for example, discovering after appointment that the representative was never qualified to serve in the first place.

Common Fact Patterns in Miami-Dade Probate Cases

Miami's estates frequently involve real property held by out-of-state or international beneficiaries, family businesses, and blended families. These recurring scenarios often give rise to removal petitions:

Self-Dealing With Estate Real Estate

A personal representative who sells the decedent's Miami Beach home to a family friend below market value, or rents estate property to himself without court approval, engages in classic maladministration under 733.504(5) and creates an adverse interest under 733.504(9). Where multiple heirs end up co-owning inherited property and the representative refuses to act, beneficiaries sometimes must also consider a partition action under Chapter 64 once the property passes out of the estate.

Failure to Provide Accountings

Florida Probate Rule 5.346 requires fiduciary accountings, and interested persons may compel an interim accounting. When a personal representative ignores repeated requests and then defies a court order compelling the accounting, removal under 733.504(3) becomes highly likely.

Excessive or Unearned Fees

Taking fees beyond what Florida law allows — without court approval or beneficiary consent — is both maladministration and a breach of fiduciary duty. Beneficiaries who suspect overreach should compare the fees taken against the statutory schedule explained in our guide to personal representative compensation in Florida, which presumes reasonable compensation of 3% on the first $1 million of the estate under Fla. Stat. 733.617.

Estate Paralysis

Florida probate is designed to move. A formal administration that sits dormant for years — no inventory filed within the 60 days required by Florida Probate Rule 5.340, no creditor notice published, no distributions — signals a representative who is unable or unwilling to discharge the office.

The Removal Procedure, Step by Step

Removal is an adversary proceeding governed by Florida Probate Rules 5.025 and 5.440, along with Fla. Stat. 733.506. Here is how it unfolds in practice:

Step 1: File a Verified Petition for Removal

The petition is filed in the pending probate case in the Probate Division of the Eleventh Judicial Circuit. Because removal is a specifically enumerated adversary proceeding under Rule 5.025(a), the petition must be served like a civil complaint — by formal notice — and the Florida Rules of Civil Procedure then govern the proceeding. The petition should plead specific statutory grounds under 733.504, not generalized grievances. Vague allegations of "unfairness" will not survive; a documented failure to comply with an accounting order will.

Step 2: The Personal Representative Responds

After service by formal notice, the personal representative must respond within 20 days under Florida Probate Rule 5.040(a)(1). Failure to respond can result in the petition being granted by default.

Step 3: Discovery and Interim Relief

Because the civil rules apply, the petitioner can serve interrogatories, request estate bank records, and depose the personal representative. Where assets are at immediate risk, the petitioner can simultaneously ask the court to:

• Suspend the personal representative's powers pending the hearing
• Require a bond or increase an existing bond under Fla. Stat. 733.402
• Freeze estate accounts or enjoin specific transactions
• Appoint a curator under Fla. Stat. 733.501 to take custody of estate assets while the removal fight is pending

Step 4: Evidentiary Hearing

The court holds an evidentiary hearing at which the petitioner bears the burden of proving grounds for removal. Miami-Dade probate judges take live testimony, review accountings and bank statements, and hear expert testimony where valuation or investment prudence is at issue.

Step 5: Order of Removal and Duties of the Removed Representative

If the court orders removal, Fla. Stat. 733.5061 and Florida Probate Rule 5.440 impose concrete deadlines on the removed fiduciary:

• Within 30 days after removal, the removed personal representative must file a final accounting of the administration.
• Within 30 days, the removed representative must also surrender all estate assets, records, documents, papers, and property to the successor fiduciary.

Failure to comply subjects the removed representative to contempt and personal liability. The removed representative's letters of administration are revoked, and a successor is appointed under the priority rules of Fla. Stat. 733.301.

A Worked Example

Facts: A decedent dies in Miami owning a $900,000 home in Kendall and $300,000 in brokerage accounts. Her son is appointed personal representative in March. By the following January — ten months later — he has filed no inventory (due within 60 days of letters under Rule 5.340), moved into the Kendall home rent-free, and let the homeowner's insurance lapse. His sister, a 50% beneficiary, demands an accounting; he refuses. She obtains a court order compelling an interim accounting; he ignores it.

Analysis: The sister files a verified petition for removal citing three grounds: failure to comply with a court order (733.504(3)), wasting or maladministration (733.504(5)) based on the lapsed insurance and rent-free occupancy, and adverse interest interfering with administration (733.504(9)). She serves the petition by formal notice; her brother has 20 days to respond. She simultaneously moves to suspend his powers and appoint a curator to insure the property. After an evidentiary hearing, the court removes him, appoints the sister as successor personal representative, and orders him to file a final accounting and turn over all records and assets within 30 days under Fla. Stat. 733.5061. The court may also surcharge him personally for the uninsured risk period and the fair rental value of his occupancy, and may deny or reduce his compensation.

Consequences Beyond Removal: Surcharge, Fee Forfeiture, and Attorney's Fees

Removal is often only the first remedy. A removed personal representative who breached fiduciary duties may face:

• Surcharge: Personal liability for losses caused to the estate, recoverable in the accounting litigation that follows removal.
• Fee forfeiture or reduction: Under Fla. Stat. 733.617(7), the court may reduce or deny compensation for a breach of fiduciary duty.
• Attorney's fee shifting: Fla. Stat. 733.609 allows the court to award attorney's fees and costs in breach-of-duty actions, and Fla. Stat. 733.106(4) permits the court to direct that fees be paid from the removed representative's own share of the estate rather than from the estate generally.

Defending Against a Removal Petition

Our firm also represents personal representatives facing removal petitions. Not every beneficiary complaint justifies removal — Florida courts recognize that the decedent's choice of fiduciary deserves deference, and 733.504(9) itself confirms that ordinary disputes and a spouse's statutory elections are not disqualifying conflicts. Strong defenses include demonstrating substantial compliance with court orders, curing deficiencies promptly (filing the overdue inventory or accounting before the hearing), and showing that alleged "waste" reflected reasonable business judgment. A representative who acts quickly, with counsel, often keeps the appointment.

Practical Guidance Before You File

• Build a paper record first. Written demands for accountings and inventories, followed by motions to compel, create the disobedience record that grounds a 733.504(3) removal.
• Move fast if assets are at risk. Suspension and curatorship motions can be heard on shortened notice in urgent cases.
• Identify the successor before you file. The court will want to know who takes over. If the will names an alternate, that person has priority; otherwise, a majority in interest of the heirs may select a successor under Fla. Stat. 733.301.
• Weigh cost against estate value. Removal litigation is genuine litigation, with discovery and an evidentiary hearing. For modest estates, a negotiated resignation with a stipulated accounting is often faster and cheaper than a contested removal.

You can contact the Law Offices of Albert Goodwin by phone at 786-522-1411 or by email at [email protected].