The Short Answer

Yes—under Florida law, a court can remove an executor (called a “personal representative”) or a trustee when there is legally sufficient cause, including serious mismanagement or other fiduciary misconduct. If “undue influence” is part of the problem, it often shows up as a challenge to a will or trust (or an amendment) and can also support removing the person who is abusing their position.

What Florida Law Says

Executors/personal representatives and trustees are fiduciaries. That means they must act in good faith, follow the governing document (will or trust), and put the beneficiaries’ interests ahead of their own. When a fiduciary breaches those duties—by self-dealing, hiding information, wasting assets, or manipulating the decedent/settlor—Florida courts have tools to intervene, including removal and financial remedies.

The Statute

The primary law governing removal of a trustee is Fla. Stat. § 736.0706.

This statute allows the court to remove a trustee for reasons such as a serious breach of trust, unfitness/unwillingness or persistent failure to administer the trust effectively, or other circumstances where removal best serves beneficiaries’ interests.

For executors/personal representatives, Florida provides specific statutory “cause” grounds for removal, including maladministration and conflicts of interest. See Fla. Stat. § 733.504.

And if the issue is fiduciary misconduct causing losses, Florida law also recognizes liability for breach of fiduciary duty by a personal representative. See Fla. Stat. § 733.609.

If “undue influence” is the core allegation (for example, a trust amendment or restatement was procured through manipulation), Florida law provides that a trust (or part of it) procured by undue influence is void. See Fla. Stat. § 736.0406.

Related reading: Florida options when a trustee or executor is mismanaging funds and challenging an executor’s accounting in Florida.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your situation is fact-intensive and can escalate quickly into high-stakes litigation. Legal outcomes often depend on:

• Strict Deadlines: Probate and trust disputes can involve short objection windows, formal notice requirements, and court-imposed timelines—missing one can weaken or end your leverage.
• Burden of Proof: You typically need admissible evidence of misconduct (financial records, communications, witness testimony) and must connect the conduct to harm to the estate/trust or beneficiaries.
• Exceptions and Defenses: Fiduciaries often argue they acted within discretion, relied on counsel, or were protected by exculpatory language—Florida limits some exculpation, but the analysis is nuanced.

Just as important: removal is not the only remedy. Depending on the facts, you may also need an accounting, suspension, a neutral fiduciary, recovery of misappropriated assets, or a challenge to a will/trust change tied to undue influence. An attorney can help you pursue the right remedy without triggering avoidable delays, fee exposure, or procedural setbacks.

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.