Any interested party to a decedent’s Miami estate may petition the Miami-Dade Probate Court for removal of a personal representative. If the court determines that the representative should be removed for cause, the court will approve the removal and the appointment of a successor personal representative either at the suggestion of the person making the claim or in the court’s discretion. A Miami personal representative can be removed on the following grounds.  While fighting the removal, the personal representative may bring the following defenses.

Upon removal, the personal representative must surrender all estate assets, accountings, records or other documents under the personal representative’s control or possession.

Keep in mind even if the personal representative is removed, the person is not exonerated from any personal liability to the estate or the beneficiaries and the estate or beneficiaries may recover monetary losses.

If you are beneficiary, heir or interested party seeking to make a claim to remove the personal representative of a Miami estate, you should seek legal advice from a Miami probate and estate attorney immediately. Give us a call at (786) 522-1411.