Short answer
Yes. Under Florida law you can ask the probate court to revoke or remove issued letters of administration and to appoint a different personal representative — including a sole heir — but only by following the court’s procedures and proving legal grounds (priority, disqualification, misconduct, or failure to qualify). The court will decide based on Florida’s probate statutes, the facts you present, and fair notice to interested persons.
Detailed answer — what you need to know
1. Who is entitled to be appointed as personal representative in Florida?
Florida’s probate law sets a priority list for who may apply for administration. Close family members (spouse, heirs) typically have priority over others. See Florida Probate Code, Chapter 733 for details, including the persons entitled to apply and priority rules: Florida Statutes, Chapter 733. For the specific rule on who may apply, see section 733.201: Fla. Stat. §733.201.
2. Common legal grounds to ask the court to reconsider or remove letters
- Priority error: someone without the statutory priority obtained appointment over a higher-priority heir.
- Lack of qualification: the current personal representative failed to qualify (did not post required bond, is a minor, or is disqualified by law).
- Failure of notice: required notice to interested parties was not properly given before the court acted.
- Misconduct or malfeasance: theft, deliberate waste, self-dealing, concealment of assets, failure to account, or other serious breaches of fiduciary duty.
- Incapacity or incompetence: the representative cannot carry out duties because of incapacity or persistent failure to perform.
- Renunciation or resignation by the current representative, or discovery of a valid will naming someone else.
3. Typical steps to seek reconsideration or removal
- Get the court file and letters. Request certified copies of the letters of administration, the petition that led to issuance, and the docket sheet from the probate clerk.
- Confirm standing and priority. Gather proof that you are the sole heir (family relationship, death certificate, birth certificates, affidavits of heirship, or estate ledger showing intestacy).
- Identify the legal basis. Decide whether your petition will be based on priority (you should have been appointed first), lack of qualification, procedural defects (no notice), or misconduct.
- File a written petition or motion. Typical filings include a petition to revoke or vacate letters, a petition to remove a personal representative, and/or a competing petition for appointment as personal representative. The petition must explain the facts, cite the statute or rule, and ask for a specific remedy (revocation and appointment of you as successor, or temporary administrator while the dispute is resolved).
- Serve notice. Florida law requires notice to interested persons (creditors, heirs, the current personal representative). Follow the court’s service rules so all parties receive proper notice of the petition and hearing.
- Attend the hearing and present evidence. Be prepared to offer documents and witness testimony that support your claim (proof of heirship, evidence of misconduct, missing bond, or proof of lack of notice). The court will hear testimony and weigh the equities.
- Possible interim relief. If immediate action is necessary to protect estate assets, ask the court for temporary or emergency orders (temporary letters to you or a neutral custodian, injunction against transfers, or turnover of assets).
- If successful, request issuance of new letters. If the court removes the current representative, it may appoint you as successor personal representative and issue letters of administration subject to bond and other conditions the court sets.
4. Evidence you should collect
- Certified death certificate.
- Proof of your relationship to decedent (birth certificates, marriage certificates, family records, affidavits).
- Court filings that led to issuance of letters (petition, order, proof of service).
- Communications showing misconduct or failure to act (bank statements, transfer records, accountings, emails).
- Any will or testamentary documents (even if you believe decedent died intestate).
5. What the court can order
The court has broad equitable and statutory authority. Potential outcomes include:
- Denial of your petition if the court finds no legal basis.
- Revocation of letters and appointment of a successor (you, another heir, or a neutral fiduciary).
- Removal of the representative for cause and imposition of sanctions, bonds, or an accounting requirement.
- Temporary relief to protect assets while the dispute proceeds.
6. Timing and practical considerations
Act promptly. Delay can allow the existing representative to complete distributions and limit remedies. Some actions (like constructive trust or removal for misconduct) require you to file before assets are dissipated. Also consider that contested probate litigation can be costly and slow; weigh the likely recovery and the estate’s value before proceeding.
7. Costs, bonds and qualifications
If appointed, courts often require a bond unless waived by statute or the court. The court can also condition appointment on the filing of an inventory, periodic accountings, or supervision. If you ask for removal based on misconduct, you may request the court require the removed personal representative to post a bond or account for losses.
8. When to get a lawyer
Removal and contested appointment involve procedure, evidence, and careful pleading. If the estate has significant assets, complex creditor problems, or the current administrator resists, consult a probate attorney licensed in Florida to prepare pleadings, gather evidence, and represent you at hearings.
Helpful Hints
- Start by obtaining the full probate file and letters from the county probate clerk.
- Check whether notice was given to you. Failure of proper notice is a common and sometimes dispositive ground for relief.
- Document everything: dates, bank transactions, communication with the administrator, and any suspicious transfers.
- File emergency motions if the estate is at risk of waste or diversion — courts can act quickly to freeze assets or appoint a temporary custodian.
- Keep your pleadings factual and narrowly focused on legal grounds recognized by Florida law (priority, qualification, misconduct, lack of notice).
- Consider alternative solutions such as negotiating with the current administrator for resignation, a voluntary transfer of letters, or a settlement that avoids litigation.
- Remember bond requirements: be prepared to post bond if the court appoints you.
- Look up Chapter 733 of the Florida Statutes (probate code) for statutory references and priority rules: Florida Statutes, Chapter 733.
Important disclaimer
This article explains general principles of Florida probate practice and is not legal advice. I am not a lawyer. For advice about your specific situation and help drafting petitions or appearing in court, consult a licensed Florida probate attorney.