What an Executor Cannot Do in Miami, Florida

In Florida, the person who administers a decedent's estate is called a personal representative—the term used under the Florida Probate Code for what is commonly known as an executor. While a personal representative has broad authority to manage and distribute estate assets, that authority is not unlimited. Florida law imposes strict boundaries on what a personal representative can and cannot do, and violations of these limitations can result in personal liability, removal from office, and other serious consequences.

At the Law Offices of Albert Goodwin, PA, we represent beneficiaries whose rights have been violated by personal representatives exceeding their authority, and we advise personal representatives on the proper scope of their powers to help them avoid costly mistakes.

The Personal Representative's Authority Is Limited by Law

A personal representative's powers are defined and limited by the Florida Probate Code (Chapters 731–735 of the Florida Statutes), the terms of the decedent's will, and any orders issued by the probate court. Under F.S. § 733.602, the personal representative is a fiduciary who must observe the standards of care applicable to trustees. This means the personal representative must act with loyalty, prudence, and good faith at all times. The following are actions that a personal representative in Florida cannot lawfully take.

A Personal Representative Cannot Change the Terms of the Will

A personal representative has no authority to alter, modify, or override the terms of the decedent's will. The will is the decedent's final expression of how they wanted their assets distributed, and the personal representative's role is to carry out those wishes—not to substitute their own judgment. Specifically, a personal representative cannot:

• Change the beneficiaries designated in the will
• Alter the shares or amounts that each beneficiary is to receive
• Add conditions or restrictions to bequests that do not appear in the will
• Ignore specific bequests or devises in the will
• Redirect assets to persons or organizations not named in the will

If a personal representative distributes estate assets in a manner inconsistent with the terms of the will, they may be held personally liable for any resulting losses and may be subject to removal under F.S. § 733.504.

A Personal Representative Cannot Engage in Self-Dealing

Self-dealing is one of the most strictly prohibited activities for a personal representative. A personal representative cannot use their position to benefit themselves at the expense of the estate or its beneficiaries. Prohibited self-dealing transactions include:

• Purchasing estate assets for themselves, whether at fair market value or otherwise, without court approval and proper disclosure
• Selling their own property to the estate
• Hiring themselves or their businesses to provide services to the estate at inflated rates
• Using estate funds to pay their personal debts or expenses
• Borrowing money from the estate
• Directing estate business opportunities to entities in which they have an interest

Under Florida law, any transaction in which the personal representative has a personal interest is presumed to be a breach of fiduciary duty. The personal representative bears the heavy burden of proving that the transaction was fair and in the best interests of the estate. Courts scrutinize self-dealing transactions with extreme care, and personal representatives who engage in self-dealing face surcharge liability, removal, disgorgement of fees, and potential criminal prosecution.

A Personal Representative Cannot Comingle Estate Funds with Personal Funds

A fundamental obligation of the personal representative is to keep estate assets completely separate from their own personal assets. A personal representative cannot deposit estate funds into a personal bank account, use a personal account to conduct estate business, or otherwise mix estate property with personal property. Under Florida fiduciary principles, commingling is treated as a per se breach of fiduciary duty—meaning no proof of actual harm is required.

The personal representative must open a separate estate bank account, titled in the name of the estate, and all estate income and expenses must flow through that account. Commingling creates a risk that estate funds will become untraceable, lost, or misappropriated, which is why Florida law treats it so seriously.

A Personal Representative Cannot Sell Estate Property Below Fair Market Value

A personal representative has a duty to obtain fair value for estate assets when making sales. Under the prudent person standard imposed by F.S. § 733.602, the personal representative must manage estate assets as a reasonable and prudent person would manage their own affairs. Selling estate property significantly below its fair market value—whether real estate, personal property, or business interests—is a breach of this duty.

When selling real property, the personal representative should obtain professional appraisals, market the property appropriately, and consider multiple offers when available. A sale to a related party at a below-market price is particularly suspect and may be challenged as misconduct. For more details on property sales, see our page on whether an executor can sell property in Florida.

A Personal Representative Cannot Ignore Creditor Claims

The personal representative has a legal obligation to address creditor claims against the estate. Under F.S. § 733.2121, the personal representative must publish a notice to creditors and serve known creditors with a copy of the notice. The personal representative cannot simply ignore valid creditor claims or pay beneficiaries before satisfying legitimate debts of the estate.

Under F.S. § 733.707, Florida law establishes a specific order of priority for the payment of estate obligations. A personal representative who distributes estate assets to beneficiaries without first satisfying claims in the order of priority may be held personally liable for the unpaid claims.

A Personal Representative Cannot Unreasonably Delay Administration

The personal representative cannot drag out the probate process without justification. Under F.S. § 733.901, the personal representative must distribute the estate as promptly as is consistent with the best interests of the estate. While some estates are genuinely complex and require extended administration, a personal representative who deliberately prolongs the process—for example, to continue collecting fees, to maintain control over estate assets, or out of simple neglect—is breaching their duty.

Beneficiaries who believe the administration is being unreasonably prolonged may petition the court for an order compelling distribution or for the removal of the personal representative.

A Personal Representative Cannot Refuse to Provide Information

A personal representative cannot stonewall beneficiaries or refuse to provide information about the estate administration. Under F.S. § 733.5036, interested persons have the right to compel an accounting from the personal representative. The personal representative must keep beneficiaries reasonably informed about the progress of the administration, respond to reasonable requests for information, and provide accurate and complete accountings when required.

A personal representative who deliberately withholds information or provides false or misleading information to beneficiaries is engaging in misconduct that may result in removal and personal liability.

A Personal Representative Cannot Make Improper Investments

While a personal representative may need to invest estate assets during the administration, they cannot make speculative, risky, or self-interested investments. Under the fiduciary standards imposed by F.S. § 733.602, the personal representative must invest estate assets prudently, with a focus on preservation of capital and reasonable income generation. A personal representative cannot:

• Invest estate funds in speculative ventures
• Concentrate estate assets in a single investment
• Invest in their own businesses or ventures
• Leave large amounts of cash in non-interest-bearing accounts when better options are available
• Fail to diversify investments when the estate is of sufficient size to warrant diversification

A Personal Representative Cannot Act Beyond Their Authority

The personal representative's authority is defined by the will and the Florida Probate Code. Some actions require specific authorization in the will or court approval. A personal representative cannot:

• Continue operating the decedent's business without authority in the will or court approval under F.S. § 733.612
• Make gifts from estate assets (gifts are not part of administration)
• Borrow money on behalf of the estate without proper authority
• Settle claims against the estate for amounts that are unreasonable
• Employ attorneys or other professionals without reasonable basis

Under F.S. § 733.609, a personal representative who improperly exercises a power is liable for any loss or depreciation in value of the estate that results from the improper exercise, as well as any profit the personal representative made from the improper exercise of power.

A Personal Representative Cannot Favor One Beneficiary Over Another

When administering an estate with multiple beneficiaries, the personal representative must act impartially. The personal representative cannot favor one beneficiary over another by making early or preferential distributions, providing information to some beneficiaries but not others, or managing estate assets in a way that benefits one beneficiary at the expense of others. The duty of impartiality requires that all beneficiaries be treated fairly and equitably throughout the administration.

What Beneficiaries Can Do When a Personal Representative Exceeds Their Authority

If a personal representative is engaging in prohibited conduct, beneficiaries have several legal remedies available under Florida law:

• Petition for removal – Under F.S. § 733.504, an interested person may petition the court to remove the personal representative for breach of fiduciary duty, mismanagement, or other grounds.
• Surcharge action – Beneficiaries may seek a surcharge requiring the personal representative to personally repay any losses caused by their improper actions.
• Compel accounting – Under F.S. § 733.5036, beneficiaries may petition the court to compel the personal representative to provide an accounting.
• Injunctive relief – In urgent situations, beneficiaries may seek emergency court orders to freeze assets or prevent further harm.
• Report criminal conduct – If the personal representative's actions constitute theft or fraud, beneficiaries may report the conduct to law enforcement for investigation under F.S. § 812.014.

Contact a Florida Probate Attorney

At the Law Offices of Albert Goodwin, PA, we help beneficiaries protect their rights when a personal representative has overstepped their authority. We also advise personal representatives on the proper scope of their powers so they can fulfill their duties without exposing themselves to liability.

Call us at 786-522-1411 or email us at [email protected] to schedule a consultation. If you believe a personal representative is acting outside their authority, do not wait—contact us today to protect your inheritance and your legal rights.