When a Florida Personal Representative Isn't Doing the Job
New Title
New Paragraph
In Florida, the executor is called the personal representative and answers to the probate court. If a personal representative delays without reason, won't provide information or mismanages assets, beneficiaries can ask the court to compel action, surcharge the personal representative or remove them under § 733.504.
What a personal representative must do
A Florida personal representative is a fiduciary. They must collect and protect estate assets, file an inventory, give notice to creditors, pay valid claims and expenses, and distribute the estate as the will or Florida law directs, as quickly as is reasonable. In most Florida estates, the personal representative must be represented by a lawyer.
Warning signs
- No inventory or information months after appointment
- Estate property left vacant, uninsured or deteriorating
- Mixing estate money with personal funds, or using estate property personally
- Paying themselves without disclosure or selling assets to insiders
- Unexplained delay in distribution after the creditor period closes
Steps beneficiaries can take
- Ask in writing. Many problems are delays or misunderstandings. Request the inventory and a status update.
- Review the court file. Florida probate filings are generally available through the clerk.
- Petition the court. The court can order an accounting, compel action, reduce compensation, or hold the personal representative personally liable (surcharge) for losses.
- Seek removal. Grounds under § 733.504 include failing to comply with court orders, failing to account for or produce estate assets, wasting or mismanaging the estate, and conflicts of interest.
If you're the personal representative
Most personal representatives are family members doing their best. Keep beneficiaries informed, keep records and ask your lawyer before acting when unsure. Good communication prevents most disputes.
A trust can avoid much of this
A funded revocable living trust lets a successor trustee settle affairs without probate court. Trustees have similar duties, and beneficiaries have the rights described here.
Talk with a Florida estate planning lawyer
Trusted Elder Law & Asset Protection helps families in Pensacola, Escambia, Santa Rosa, Okaloosa and Walton counties plan ahead. Call 850-607-2222 or schedule a free Peace of Mind Strategy Session.
This article is general information about Florida law, not legal advice for your situation.
