The Short Answer

In Florida probate, you generally need evidence showing the personal representative (executor) has a conflicting or adverse interest against the estate that will or may interfere with proper administration. Proof is usually strongest when it ties the executor’s personal financial interest to a decision that harms (or risks harming) the estate or beneficiaries.

What Florida Law Says

Florida treats a personal representative as a fiduciary who must administer the estate for the benefit of interested persons—not for personal gain. A conflict issue often comes up when the executor is positioned to benefit personally from estate decisions (or would need to take positions against the estate) in a way that undermines neutral administration.

The Statute

The primary law governing this issue is Fla. Stat. § 733.504.

This statute allows removal when the personal representative is “holding or acquiring conflicting or adverse interests against the estate that will or may interfere with the administration of the estate as a whole”. See Fla. Stat. § 733.504(9).

Relatedly, Florida law also addresses transactions affected by a personal representative’s conflict of interest as voidable in many situations unless authorized by the will/contract or approved by the court after notice. See Fla. Stat. § 733.610.

Why You Should Speak with an Attorney

“Conflict of interest” is easy to allege and harder to prove in a way that persuades a probate judge—especially on a fast-approaching hearing date. Courts typically look for specific, documentable facts showing the conflict is real and that it affects (or threatens to affect) administration, not just personality disputes.

In practice, the most persuasive proof often includes:

• Financial self-dealing indicators: documents or communications showing the executor is trying to buy estate property, steer a sale to a related party, borrow from estate funds, or otherwise benefit personally (issues often analyzed under Fla. Stat. § 733.610).
• Adverse ownership claims: evidence the executor is claiming assets as “theirs” rather than estate property (for example, bank accounts, deeds, or beneficiary designations) creating an “estate vs. executor individually” dispute.
• Administration decisions tied to the conflict: proof the executor’s conflict is driving delays, undervaluation, refusal to market property, selective distributions, or other conduct that risks “wasting or maladministration” (another removal ground under Fla. Stat. § 733.504).

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: removal is an adversarial probate matter and must be handled with proper notice and evidence; mistakes can derail the hearing or delay relief (see the removal framework in Fla. Stat. § 733.506).
• Burden of Proof: you typically need admissible evidence (not just suspicions) connecting the executor’s personal interest to a risk of interference with estate administration under Fla. Stat. § 733.504(9).
• Exceptions and court approval issues: some conflicted transactions may be permitted if the will authorizes them or the court approves them after notice, which changes the analysis (see Fla. Stat. § 733.610).

Because your hearing is scheduled soon and the estate includes real property and multiple asset types, it’s worth having counsel frame the conflict evidence correctly and request the right relief (removal, restrictions, accounting, or other protections) without creating avoidable procedural problems.

If you want more background on related issues, see: disputes over who should be appointed personal representative in Florida and removing an executor for breach of fiduciary duty 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.