It’s not uncommon for the family of a deceased person to be unhappy with the way their chosen personal representative (commonly known as an executor) is handling the administration of their estate.
Even when the executor is a relative, they may believe that they’re moving too slowly in settling the estate and distributing inheritances or that they simply aren’t up to the task. In fact, when the executor is a family member, old resentments and jealousies can cause more conflict than if the executor were someone outside the family.
Heirs and other beneficiaries need to know that Florida law specifies reasons why a probate judge can remove a personal representative and revoke their letters of administration. Let’s take a brief look at the law.
They may not be qualified
The law has basic qualifications for any person to be named a personal representative. For example, they can’t be incapacitated. The law states, “Physical or mental incapacity rendering the personal representative incapable of the discharge of his or her duties” is grounds for removal.
This can happen if the person was named many years ago but is now too old, ill and/or cognitively impaired to do the job. That’s why it’s best when people name an alternate who can take the place of their first choice.
Wrongdoing or failure to act can be grounds for removal
There are specific actions and types of negligence in administering the estate that are also grounds for removal. These include:
- “Wasting or maladministration of the estate”
- “Failure to account for the sale of property or to produce and exhibit the assets of the estate when so required”
- “Failure to comply with any order of the court, unless the order has been superseded on appeal”
- ”Holding or acquiring conflicting or adverse interests against the estate that will or may interfere with the administration of the estate as a whole.”
This last one could potentially apply if the personal representative was a business partner of the deceased. It cannot be used to remove a surviving spouse who is entitled to a portion of the estate, even if they weren’t included in the estate plan.
If you’re an heir or other beneficiary of an estate and believe there are grounds to remove and replace the personal representative, it’s important not to take matters into your own hands. That could be considered interfering with the administration of the estate. Get experienced legal guidance to determine the best course of action.