Can the Personal Representative of an Estate be Removed?

When you work with your estate and probate lawyer  to develop your estate plan, one of the things you will do is decide who will be the personal representative (or “executor”) of your estate. You do this by nominating the person you want (and successors or alternatives) in your Last Will and Testament (“Will”). But once properly nominated in a valid Will, can a personal representative of an estate ever be removed?

The Role of a Personal Representative

A personal representative’s role is to carry out the wishes of the decedent with regard to the distribution of decedent’s assets. This involves a number of things. Among them (this is not a comprehensive list) are:

  • Opening a probate
  • Locating all assets
  • Notifying all beneficiaries and creditors
  • Paying ongoing expenses
  • Paying taxes
  • Valuing the estate
  • Preparing an inventory
  • Preparing an accounting
  • Distributing the assets

The role of a personal representative is a very important one. It comes with many obligations and fiduciary duties.

A personal representative’s failure to comply with his or her duties can result in his/her being sued.

It can also result in removal.

Grounds for Removing a Personal Representative

If a personal representative abuses his or her authority to act on behalf of decedent’s estate, or if the personal representative is, or becomes, incapable of performing his duties, the court can remove him and appoint someone else (a “successor”).

Florida probate law provides 12 grounds upon which the court may act to remove a personal representative.

Talk to Our Probate Attorneys 

Our team here at SJF Law Group works hard to ensure that your wishes will be followed, and your loved ones taken care of when you are gone. Our estate planning lawyers expertly guide individuals and families through the complex probate process and capably handle all aspects of the creation, administration, and settlement of estates and trusts. When you work with our estate planning attorneys at SJF Law Group, you get more than just an estate plan: you get peace of mind.

As trusted probate and estate planning lawyers, we serve clients in the vibrant communities of Plantation, Fort Lauderdale, Boca Raton, West Palm Beach, and Miami, FL. We are also pleased to offer the options of both in-person and virtual appointments throughout Florida to make our services accessible no matter where you are located.

If you want to discuss your specific situation with one of our estate planning lawyers, contact SJF Law Group at 954-580-3690. You can also fill out our contact form. We take pride in responding to inquiries in a timely manner.

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