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How can you remove an executor during probate?

On Behalf of | Jan 21, 2025 | Probate |

An executor, also known as a personal representative, is responsible for managing the probate process. Sometimes, disputes arise over whether the personal representative is fulfilling their duties appropriately. 

Understanding the process and grounds for removal can help resolve these conflicts.

Grounds for removal of an executor

Florida law outlines specific reasons why a court may remove a personal representative. These include:

  • Mismanagement or misconduct: This could involve failing to safeguard estate assets, improper use of funds, or neglecting responsibilities.
  • Conflict of interest: If the personal representative’s interests conflict with the estate’s beneficiaries, this can justify removal.
  • Incapacity or inability to perform duties: A personal representative who becomes incapacitated or consistently fails to carry out their role may be removed.
  • Fraud or dishonesty: Any fraudulent activity or dishonesty in managing the estate’s assets may lead to removal.
  • Non-compliance with court orders: Refusing or failing to follow court orders can also warrant removal.

If the executor is not fulfilling their duties properly, interested parties may seek to have the personal representative removed

Filing a petition for removal

To initiate the process, an interested party must file a petition for removal in the probate court overseeing the case. The petition should clearly outline the reasons for removal and provide supporting evidence, such as financial records or witness testimony. The court will schedule a hearing to review the claims.

During the hearing, the petitioner must present evidence demonstrating that the personal representative’s actions meet the legal grounds for removal. The personal representative also has the opportunity to defend against the allegations. After reviewing the evidence, the judge will decide whether removal is warranted.

The next steps

If the court removes the personal representative, it will appoint a successor to administer the estate. Resolving these kinds of probate disputes can help ensure the estate’s proper management and provide clarity for all parties involved.