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Florida Probate Statute 733.508: Accounting and Discharge of Removed Personal Representatives Upon Removal

A personal representative is the individual appointed by a Florida probate court judge to manage the estate of a decedent. In order to serve as a personal representative you must be qualified. If the person is not qualified the probate court will not issue him (or her) letters of administration even if he was nominated in the will. Similarly, if an appointed personal representative does something that disqualifies him from continuing to serve, the court will remove him. If you would like to learn more the procedures related to removing a personal representative, including the requirements of Florida Statutes, section 733.508- Accounting and discharge of removed personal representatives upon removal, contact an experienced Fort Lauderdale estate administration lawyer at the Law Offices of Stephen Bilkis & Associates.

Removing an Estate Administrator

Under Florida law, if a personal representative does not perform his duties are required by law, of if the he (or she) is no longer qualified, the probate court can remove him. The procedure for removing a personal representative is that an interested party must file a petition with the probate court with jurisdiction over the administration of the estate. The reasons the court would remove a personal representative include:

  • Incapacity
  • Failure to follow order of the court
  • Failure to account for estate assets , or to produce estate assets when required.
  • Wasting assets because of his (or her) actions or inaction.
  • Failure to get a bond, as required by the probate court. As an estate administration attorney in Fort Lauderdale will explain, the probate court may waive the bond requirement. However, if the court requires bond, the representative must secure one in the amount required by the court.
  • Conviction of a felony, as convicted felons are prohibited from serving as personal representatives.
  • Insolvency of corporate representative
  • Will revoked, which nominated the personal representative.
  • No longer resident, as required by law.

If you need more information about the reasons for removing a personal representative, contact an experienced estate administration attorney in Fort Lauderdale.

Consequences of Removal

If the personal representative is removed and there is not a co-personal representative with authority, the removed representative must be replaced. The process for appointing a successor personal representative is similar to the process of making an initial appointment of a personal representative. Anyone wishing to be appointed must be both eligible and qualified. Because it may take some time to issue letters of administration to a new administrator, the court may appoint a curator to carry on with the personal representative responsibilities until letters are issued to a successor personal representative. Generally, curator has the same authority as personal representative to settle a deceased person’s estate.

Under Florida Statutes, section 733.508- Accounting and discharge of removed personal representatives upon removal, a another consequence of a personal representative having to be removed is that he must file and serve a final accounting of his administration. In addition, after determination and satisfaction of the liability, if any, of the removed personal representative, after compensation of that personal representative and the attorney and other persons employed by that personal representative, and upon receipt of evidence that the estate assets have been delivered to the successor fiduciary, the removed personal representative shall be discharged, the bond released, and the surety discharged.

As an experienced Fort Lauderdale estate administration lawyer will explain, another consequence of the removal of a personal representative is that the personal representative must immediately deliver all estate assets, records, documents, papers, and other property related to the estate to the remaining personal representative or successor fiduciary.

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. Surrender of assets upon removal: § 733.509, Fla. Stat.
FL. Stat, Section 733.508- Accounting and Discharge of Removed Personal Representatives Upon Removal
  1. A removed personal representative shall file and serve a final accounting of that personal representative's administration.
  2. After determination and satisfaction of the liability, if any, of the removed personal representative, after compensation of that personal representative and the attorney and other persons employed by that personal representative, and upon receipt of evidence that the estate assets have been delivered to the successor fiduciary, the removed personal representative shall be discharged, the bond released, and the surety discharged.
Contact the Law Offices of Stephen Bilkis & Associates

If you have questions about the bond requirement, including the requirements of Florida Statutes, section 733.508- Accounting and discharge of removed personal representatives upon removal, it is important that you discuss your concerns with an experienced estate administration attorney serving Fort Lauderdale. The skilled attorneys at the Law Offices of Stephen Bilkis & Associates have significant experience representing clients in complex matters related to the administration of estates and understand the nuances of Florida estate law. Contact us attorneys at 561-710-4000 to schedule a free, no obligation consultation regarding your case.

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