Your Lawyers For Life
Your Lawyers For Life

When can a personal representative be removed in Florida probate?

On Behalf of | May 10, 2022 | Uncategorized

When you appoint a personal representative, that person has a great deal of responsibility. A personal representative is a person you choose to oversee your estate after you pass away.

A personal representative has many duties, including identifying and distributing your estate’s assets to your heirs, paying any required debts and filing taxes. A personal representative is also responsible for preparing and filing any necessary legal documents and submitting a final estate accounting to the court.

Given the major role of a personal representative, it is important to know when and under what circumstances a personal representative can be removed. There are many reasons that removal may be the best choice. Circumstances may change or unexpected events may occur that cause the personal representative to be unable or unwilling to complete their duties.

A personal representative must be qualified to act

Florida law states that a personal representative may be removed if they were not qualified to act at the time of appointment. Even if they were qualified to act at the time of appointment, they may be removed if circumstances dictate.

Some reasons for removal include:

  • Conflict of interest against the estate
  • Improperly administrating the estate
  • Failing to produce the estate assets
  • Physical or mental incapacity of the representative

Additionally, if the personal representative fails to comply with any court order regarding the estate, the court may remove the representative. Conviction of a felony could also be grounds for removal.

Leaving the state of Florida

The administration of some estates requires the personal representative to live within the state of Florida. Moving out of state could make it difficult or impossible to carry out the duties of a personal representative.

A personal representative should be someone dependable that you can trust. Unfortunately, sometimes things happen that cause a personal representative to make decisions that are not in the estate’s best interests. Experienced estate planning and probate attorneys provide helpful advice and guidance based on your specific concerns.