Can the Personal Representative of an Estate be Removed?

  1. Probate
  2. 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.

Protecting Your Family is Just a Phone Call Away.

Don’t leave planning for your future and that of your loved ones to chance. All it takes is one phone call to the Law Offices of Samantha J. Fitzgerald to ensure that your wishes will be followed, and your loved ones taken care of when you are gone. We expertly guide individuals through the complex probate process, and capably handle all aspects of the creation, administration, and settlement of trusts as well.  When you work with the estate planning attorneys at the Law Offices of Samantha J. Fitzgerald, you get more than just an estate plan: you get peace of mind. Call us at 954-580-3690 or email us at: [email protected] today.

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