Removal of Personal Representative in Florida

Representing Both Sides of Florida Personal Representative Removal Proceedings Since 2002

When a personal representative fails to fulfill their duties, the estate and the people who depend on it are at risk. At Adrian Philip Thomas, P.A., we represent beneficiaries, heirs, co-personal representatives, and personal representatives themselves across Florida when a removal dispute arises. Based in Fort Lauderdale, we handle removal matters throughout the state, with particular familiarity in Broward, Miami-Dade, and Palm Beach counties. A petition to remove a personal representative is filed within the same probate case administering the estate, which means the stakes for ongoing administration are immediate.

Experience on Both Sides of Removal Disputes

Since 2002, we’ve represented more than 5,000 clients in estate-related disputes, both prosecuting and defending removal petitions. That dual experience matters. When we represent a petitioner, we understand the defenses a personal representative can raise. When we defend a representative, we know the weaknesses a petitioner can try to exploit. Our attorneys bring together backgrounds in estate planning, uncontested probates, law enforcement, and litigation, giving us a practical edge when complex issues like exploitation of the elderly or breach of fiduciary duty are involved.

Founding partner Adrian P. Thomas holds an AV rating from Martindale-Hubbell, the highest peer-review rating available, and has been recognized among Florida’s Legal Elite. We’ve secured over $230 million in verdicts and settlements across probate and estate matters. We pursue negotiated resolution where it serves the estate, and we litigate when it doesn’t.

Grounds for Removal Under Florida Statute 733.504

Florida Statute 733.504 lists specific causes that can support a removal petition. Courts don’t remove a personal representative simply because a statutory ground exists on paper. Generally, the petitioner must show that the estate’s assets or administration are actually endangered, not just that a conflict or disagreement has arisen. Personality disputes between family members and the representative, without more, aren’t sufficient.

Recognized statutory grounds include:

• Incapacity: Adjudicated incapacity rendering the representative unable to serve
• Failure to comply with a court order: Disregarding the probate court’s directives
• Failure to account for or produce assets: Inability or refusal to identify and account for estate property
• Wasting or maladministration: One of the most commonly cited grounds, involving misuse or mishandling of estate assets
• Failure to give required bond: Where bond was a condition of appointment
• Felony conviction: A criminal conviction occurring after appointment
• Conflicting or adverse interests: Holding interests antagonistic to the estate’s proper administration
• Revocation of the appointing will: Where the will naming the representative is later revoked
• Loss of Florida residency: Moving domicile out of Florida when residency was a condition of appointment

How a Removal Proceeding Works

The removal process follows a structured litigation path. The petition is served on the personal representative by formal notice, and the matter proceeds as an adversary proceeding within the probate case. The personal representative has the right to respond, and the court typically holds an evidentiary hearing before ruling. Timing depends on the assigned probate court and the complexity of the dispute.

When estate assets face immediate risk of dissipation or improper transfer before a final hearing, Florida courts may temporarily suspend a personal representative’s authority and appoint a curator to protect those assets in the interim. This emergency relief isn’t automatic. The petitioner must demonstrate that the risk is real and that waiting for a full hearing would cause harm to the estate.