Can an estate administrator be replaced or removed when they no longer want to serve, and what steps are required? - Florida
The Short Answer
Yes. In Florida probate, an estate “administrator” (called a personal representative) can be replaced if they want to step down (resignation) or if there is legal cause to remove them. Either way, the probate court must approve the change and issue new authority to a successor before the estate can safely move forward.
What Florida Law Says
Florida treats the personal representative as a court-supervised fiduciary. That means they generally cannot just “walk away” informally—there must be a court-approved resignation or a court-ordered removal, and the court will address who takes over so the estate is protected.
The Statute
The primary law governing voluntary resignation is Fla. Stat. § 733.502.
This statute establishes that a personal representative may resign, but the court may accept the resignation only after notice to interested persons and only if the estate’s interests are not jeopardized; resignation also does not automatically eliminate the personal representative’s potential liability for what occurred while serving.
If the resignation is accepted, the court must ensure someone is in place to administer the estate. Fla. Stat. § 733.503 provides that the court shall appoint a successor personal representative (or appoint a curator temporarily until a successor is appointed).
If the issue is not voluntary resignation but misconduct or inability to serve, Florida also allows removal for specific causes. The key removal statute is Fla. Stat. § 733.504, which lists grounds such as incapacity, failure to comply with court orders, failure to account, maladministration, and conflicts of interest.
For more background on what a personal representative is supposed to be doing (and what can trigger disputes), see: Executor (Personal Representative) responsibilities during Florida probate. If the problem is really a fight over who should serve, this may also help: Disputes over who should be appointed personal representative in Florida.
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying them to your situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: A resigning personal representative may still have to address accounting and discharge issues, and timing can matter if beneficiaries object or if the court requires additional reporting before letters are revoked.
- Burden of Proof: If you are seeking removal (not resignation), you typically need evidence that fits one of the statutory grounds—mere family conflict is often not enough without facts showing harm, noncompliance, or disqualification.
- Exceptions and Liability: Even after resignation, Florida law makes clear the personal representative is not automatically exonerated from liability for prior actions. That can create disputes about missing assets, improper payments, or incomplete records, and it can delay closing the estate.
Because the court’s orders, notice requirements, successor appointment, and potential liability exposure are all intertwined, trying to handle a resignation/removal informally can trigger delays, objections, or even personal financial risk.
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.