Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Under the Florida Probate Code, an interested person may petition the circuit court to remove a personal representative who mishandles estate assets. The process is governed by Florida Statutes §733.504 (Removal and Surcharge) and related provisions. Below is an overview of key steps.
1. Identify Grounds for Removal
To succeed, you must show the personal representative engaged in misconduct, such as misappropriating funds, neglecting duties, or breaching fiduciary obligations. Grounds include:
- Failure to manage or distribute assets properly.
- Self-dealing or conflict of interest.
- Unreasonable delay or neglect.
2. Gather Supporting Evidence
Collect documentation that demonstrates mishandling, including bank statements, accountings, correspondence, and receipts. Detailed records help prove fiduciary breaches.
3. Draft and File the Petition
Prepare a petition stating your name, status as an interested person (see §731.201, Fla. Stat.), the estate’s probate case number, and the specific grounds for removal. Cite §733.504, Fla. Stat. to support your request.
4. Serve Notice to Interested Parties
Serve the petition on the personal representative and all interested persons under Florida Probate Rules. Proper service ensures due process and prevents delays.
5. Attend the Court Hearing
The court will schedule a hearing where you present evidence of misconduct. The personal representative may contest removal. The judge evaluates whether removal is in the estate’s best interest.
6. Appointment of a Successor
If the court removes the representative, it may appoint a successor under §733.607, Fla. Stat.. The court ensures continuous administration of the estate.
7. Potential Remedies and Sanctions
The court can surcharge the former representative for financial losses and order repayment of misused assets.
Helpful Hints
- Review local probate court rules for filing requirements.
- Keep detailed and organized financial records throughout the estate administration.
- Consult with a licensed Florida attorney for guidance tailored to your situation.
- File motions promptly to prevent further asset dissipation.
- Consider mediation or settlement discussions before the hearing.
Note: This is not legal advice. Always consult a qualified attorney for legal guidance.