Under Florida law there are twelve different causes for removal of a personal representative. These twelve causes include:
- Mental and/or physical incapacity makes the personal representative incapable of performing necessary duties;
- An adjudication that the personal representative is incapacitated;
- Maladministration or wasting is occurring for estate property;
- The personal representative did not comply with any court order, unless such order was superseded upon appeal;
- The personal representative did not produce assets exhibits or account for property sales as required;
- The personal representative did not give a security or bond as required for any purpose;
- The personal representative has been convicted of a felony;
- The insolvency of a corporate personal representative, or the appointment of a liquidator or receiver for the corporate personal representative;
- The personal representatives holds or acquired interests that are either in conflict or adverse to the interests of the estate, that may or may not interfere with the representative’s administration of the entire estate;
- Revocation of probate for the will that provided for or designated the appointment of the personal representative;
- The personal representative is no longer domiciled in Florida when domicile was made a specific requirement of the initial personal representative appointment; OR
- Currently, the personal representative is not entitled to appointment
A court proceeding for personal representative removal can be initiated by any interested party or by the probate court. When an interested party seeks to remove a personal representative they must file an official petition requesting removal by the court. This petition must allege that the personal representative be removed because of one of the above reasons.
If a petition to remove is upheld, the probate court will rescind the Letters of Administration and take away personal representative status and authority to administer the estate. However, the personal representative is still entitled to present the removal defenses (listed here on a separate page).
If you are in the process of Personal Representative removal and need a Miami estate attorney, call the Law Offices of Albert Gurevich at (786) 522-1411.