A personal representative of an estate is appointed by the testator of a will at the time the testator makes the will. After a person passes away, the personal representative is responsible for administering the decedent’s estate. Sometimes the decedent’s choice turns out to be the wrong choice because the person is not qualified, makes bad choices, causes financial losses to the estate and the beneficiaries or acts in self-serving way. A personal representative of a Miami estate can be removed under Florida probate statute 733.504 for the following causes:

• Physical or mental incapacity
• Breach of fiduciary duty such as a conflict or receiving estate assets for personal gain
• Not entitled to appointment
• Conviction of a felony
• Failure to comply with a court order that has not been appealed or superseded
• Failure to provide accountings of a sale of property or inventory of assets when asked to produce pursuant to statutory timelines
• Wasting estate property
• Failure to provide a bond unless waived

The following procedures are used in removing a personal representative. Even when the grounds exist, the personal representative may still be able to use defenses. If you are involved in an estate disagreement and need a consultation, give us a call at (786) 522-1411.