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Florida Probate Statute 733.5061: Appointment of Successor Upon Removal

When someone passes away, a personal representative must be appointed to settle the decedent’s estate and ensure that his (or her) property is distributed to the decedent’s beneficiaries based on Florida estate law. There are specific rules related to the appointment of a personal representative. If the decedent nominated someone in his will, the probate court will appoint that person to serve as long as he is qualified. In the absence of a will, the court will consider those who petition the court to service, and will formally appoint the person who is most qualified and who is most eligible to serve. Similarly, there are procedures that must be followed if the personal representative is removed from his position. If you would like to learn more the process for removing a personal representative, including the requirements of Florida Statutes, section 733.5061- Appointment of successor upon removal, contact an experienced Fort Lauderdale estate lawyer at the Law Offices of Stephen Bilkis & Associates.

Reasons for Removal

If you are an interested party and you are troubled by the actions of the personal representative of the estate of a loved one, you have the right to petition the court to remove the administrator. The reasons for petitioning for the removal of a personal representative include:

  • Accepting the position under false pretenses
  • Mental incapacity
  • Committing a felony
  • Mismanagement or wasting of estate assets
  • Failing to follow order of the court
  • Incapable of fulfilling the responsibilities
  • No longer a resident of Florida
  • Any other good cause for removal

If you are wondering if the actions of a personal representative of the estate of a loved one warrant removal, contact an experienced Fort Lauderdale estate lawyer to discuss your concerns. Keep in mind that only interest parties have the legal standing to petition the court to remove a personal representative. Interested parties generally are limited to beneficiaries, heirs, and fiduciaries as they are the people who have an immediate, direct financial interest in the estate.

Procedural on Removal

The process for removing a personal representative starts with the filing of a petition. The court will serve the notice to the personal representative asking that he show cause why he should not be removed. If the court determines that there is sufficient cause to remove the personal representative, the court will so order. In doing so, the court will revoke the letters of administration. The court must then find someone to replace the removed personal representative.

As an experienced estate attorney in Fort Lauderdale will explain, upon removal the former administrator must still file an accounting with the court of all activities completed related to the managing the estate, including details of estate money spent, income to the estate, and distribution of assets.

Related Statutory Provisions
  1. Removal of personal representative;  causes for removal: § 733.504, Fla. Stat.
  2. Jurisdiction in removal proceedings: § 733.505, Fla. Stat.
  3. Proceedings for removal: § 733.506, Fla. Stat.
  4. Appointment of successor upon removal: § 733.5061, Fla. Stat.
  5. Accounting and discharge of removed personal representatives upon removal: § 733.508, Fla. Stat.
  6. Surrender of assets upon removal: § 733.509, Fla. Stat.
FL. Stat, Section 733.5061- Appointment of Successor Upon Removal

When a personal representative is removed, the court shall appoint a personal representative or shall appoint a curator to serve until a successor personal representative is appointed.

Contact the Law Offices of Stephen Bilkis & Associates

If you have questions about what happens after a personal representative is removed, including the requirements of Florida Statutes, section 733.5061- Appointment of successor upon removal, it is important that you discuss your concerns with an experienced estate attorney serving Fort Lauderdale. The skilled attorneys at the Law Offices of Stephen Bilkis & Associates have significant experience representing clients before the Florida Probate Court in complex matters related to the administration of estates. We can help. Contact us attorneys at 561-710-4000 to schedule a free, no obligation consultation regarding your case.

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