The Short Answer

In Florida probate, you can challenge a personal representative’s (executor’s) accounting and seek court-ordered relief if estate assets were mishandled or taken. Remedies may include a court finding of breach of fiduciary duty, repayment to the estate (often called a surcharge), and shifting attorney’s fees and costs in appropriate cases.

What Florida Law Says

Florida treats a personal representative as a fiduciary who must administer the estate for the benefit of the interested persons (beneficiaries/heirs and, in some cases, creditors). If the personal representative’s actions cause damage or loss to the estate—such as missing funds, improper payments, self-dealing, or unexplained transactions—interested persons can ask the probate court to review the accounting and hold the personal representative financially responsible.

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 of fiduciary duty, and it also authorizes the court to award taxable costs (including attorney’s fees) in actions challenging the personal representative’s conduct.

Florida law also requires transparency about estate assets. For example, a personal representative must file a verified inventory and beneficiaries have rights to information about how inventory values were determined. See Fla. Stat. § 733.604.

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: Objections to an accounting or discharge can be time-sensitive, and missing the objection window can severely limit your options.
• Burden of Proof: It’s not enough to suspect wrongdoing—you typically need bank records, closing statements, receipts, and other documentation to show where the money went and why it was improper.
• Exceptions and Defenses: A personal representative may claim the transaction was authorized by the will, court order, or consent/waiver by beneficiaries, and Florida law can limit liability for certain authorized acts. Evaluating these defenses requires careful legal analysis.

When misappropriation is suspected, the goal is usually not just to “complain about the accounting,” but to pursue meaningful remedies—such as a court order requiring repayment to the estate, reducing or denying compensation, removing the personal representative in serious cases, and seeking attorney’s fees and costs where allowed. An attorney can also help ensure the right parties receive notice and that your objections are framed in a way the probate judge can act on.

If you want more background on the personal representative’s obligations, see Executor (Personal Representative) responsibilities during Florida probate. If the problem may require replacing the fiduciary, see disputes over who should serve as executor in Florida.

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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.