What actions can an heir take if an administrator breaches fiduciary duties or commits fraud with estate property? - Florida
The Short Answer
In Florida, an heir (or other “interested person”) can ask the probate court to intervene when a personal representative/administrator mismanages estate assets, breaches fiduciary duties, or commits fraud. Common remedies include seeking the administrator’s removal, forcing an accounting, and pursuing financial recovery (often called a “surcharge”) for losses caused by the misconduct.
What Florida Law Says
Florida treats a personal representative as a fiduciary who must act in the best interests of the estate and the people entitled to it. If the personal representative misuses estate property, hides transactions, self-deals, or otherwise violates fiduciary standards, Florida law allows the court to hold the personal representative financially responsible and, in appropriate cases, remove them from office.
The Statute
The primary law governing this issue is Fla. Stat. § 733.609.
This statute establishes that a personal representative owes trustee-level fiduciary duties and is liable to interested persons for damage or loss resulting from a breach, and it also authorizes the court to award taxable costs, including attorney’s fees, in actions for breach of fiduciary duty or challenges to the exercise (or non-exercise) of the personal representative’s powers.
Related Florida Probate Code provisions also support common court remedies, including removal for “wasting or maladministration” and other causes. See Fla. Stat. § 733.504 (causes for removal) and Fla. Stat. § 733.602 (general fiduciary duties).
If you want more background reading, see: Executor (personal representative) responsibilities in Florida and challenging an accounting and recovering misappropriated estate funds.
Why You Should Speak with an Attorney
Even when misconduct seems obvious, proving it and getting meaningful relief in probate court can be difficult. Outcomes often depend on:
- Strict Deadlines & Procedural Requirements: Removal and fiduciary-duty claims are litigated inside the probate case and can require formal notice, evidentiary hearings, and court-approved remedies—missteps can delay relief or weaken your position.
- Burden of Proof: You typically need clear documentation (bank records, closing statements, inventory/accounting discrepancies, communications) showing loss to the estate and the administrator’s role in causing it.
- Exceptions & Defenses: Administrators often argue they were authorized by the will, the Probate Code, or a court order. Florida also has limits on “excuse” clauses—exculpation may not protect bad faith or reckless conduct. See Fla. Stat. § 733.620.
When fraud or self-dealing is involved, fast action matters because estate property can be transferred, dissipated, or commingled—making recovery harder. A probate attorney can evaluate whether to pursue removal, surcharge, fee-shifting under § 733.609, and other court relief tailored to your facts.
Related reading: removal or replacement of a personal representative and challenging an administrator’s questionable bank account actions.
Get Connected with a Florida Attorney
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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.