Florida Statutes

Fla. Stat. § 733.504 (2025)

Removal of personal representative; causes for removal.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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733.504 Removal of personal representative; causes for removal.—A personal representative shall be removed and the letters revoked if he or she was not qualified to act at the time of appointment. A personal representative may be removed and the letters revoked for any of the following causes:

(1) Adjudication that the personal representative is incapacitated.

(2) Physical or mental incapacity rendering the personal representative incapable of the discharge of his or her duties.

(3) Failure to comply with any order of the court, unless the order has been superseded on appeal.

(4) Failure to account for the sale of property or to produce and exhibit the assets of the estate when so required.

(5) Wasting or maladministration of the estate.

(6) Failure to give bond or security for any purpose.

(7) Conviction of a felony.

(8) Insolvency of, or the appointment of a receiver or liquidator for, any corporate personal representative.

(9) Holding or acquiring conflicting or adverse interests against the estate that will or may interfere with the administration of the estate as a whole. This cause of removal shall not apply to the surviving spouse because of the exercise of the right to the elective share, family allowance, or exemptions, as provided elsewhere in this code.

(10) Revocation of the probate of the decedent’s will that authorized or designated the appointment of the personal representative.

(11) Removal of domicile from Florida, if domicile was a requirement of initial appointment.

(12) The personal representative was qualified to act at the time of appointment but is not now entitled to appointment.

Removal under this section is in addition to any penalties prescribed by law.

History.—s. 1, ch. 74-106; s. 69, ch. 75-220; s. 1, ch. 77-174; s. 998, ch. 97-102; s. 117, ch. 2001-226; s. 10, ch. 2009-115; s. 5, ch. 2015-27.

Note.—Created from former s. 734.11.

Notes of Decisions

Cited in 47 cases (5 in the last 5 years), 1976–2026 · leading case: Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 8× “§ 733.504, Fla. Stat. Causes of rRemoval of personal representative; causes for removal.”

Pontrello v. Est. of Kepler, 528 So. 2d 441 (Fla. 2d DCA 1988). · cites it 6× “The question of whether that person is unsuitable to continue as personal representative is determined when the question of removal arises and under an entirely different statute, see § 733.504, Fla. Stat. (1985), from the statutes governing the appointment of personal…”

Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 4× “F.S. 733.504 Causes of removal of personal representative.”

Rand v. Giller, 489 So. 2d 796 (Fla. 3d DCA 1986). · cites it 7× “§ 733.504(5), Fla. Stat. (1983). [6] See n. 1 supra.”

Blechman v. Dely, 138 So. 3d 1110 (Fla. 4th DCA 2014). · cites it 2× “Section 733.504(3), Florida Statutes (2012), permits the removal of a personal representative for “[fjailure to comply with any order of the court.”

Cont'l Nat. Bank v. Brill, 636 So. 2d 782 (Fla. 3d DCA 1994). · cites it 2× “" An administrator ad litem may *784 be appointed where the adverse interest of the personal representative does not interfere with the administration of the estate as a whole and therefore does not warrant the representative's removal.”

Hill v. Davis, 70 So. 3d 572 (Fla. 2011). “506, Florida Statutes (2007), which provide for an adversary proceeding to remove a personal representative for reasons set forth in section 733.504. Thus, our decision in this case is limited to objections filed pursuant to section 733.”

Gresham v. Strickland, 784 So. 2d 578 (Fla. 4th DCA 2001). · cites it 2× “Section 733.504, Florida Statutes (2000), states: Causes of removal of personal representative.”

Edelman v. Breed, 836 So. 2d 1092 (Fla. 5th DCA 2003). · cites it 2× “Such is the case in the instant case; the court removed Edelman for cause under section 733.504, Florida Statutes, without first giving him an opportunity to present evidence against the petition for removal.”

In Re Est. of Bell, 573 So. 2d 57 (Fla. 1st DCA 1990). · cites it 2× “According to Section 733.504(9), Florida Statutes, a personal representative may be removed for holding or acquiring conflicting or adverse interests against the estate which will adversely interfere with the administration of the estate as a whole.”

Est. of Murphy, 336 So. 2d 697 (Fla. 4th DCA 1976). · cites it 2× “Furthermore, the accountings were eventually filed and no prejudice or harm to the estate resulting from the late filing has been shown.”

In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). · cites it 4× “§ 733.504, Fla. Stat. Removal of personal representative; causes for removal.”

Show all 47 citing cases →

— 733.504(10) — 3 cases

Rand v. Giller, 489 So. 2d 796 (Fla. 3d DCA 1986). “§ 733.504(5), Fla. Stat. (1983). [6] See n. 1 supra.”

Georges M. Delbrouck v. Est. of Leon G. Delbrouck, Maria Eberling, 226 So. 3d 929 (Fla. 4th DCA 2017).

Ramsey Frank v. Peter John Conlan (Fla. 4th DCA 2026).

— 733.504(3) — 2 cases

Blechman v. Dely, 138 So. 3d 1110 (Fla. 4th DCA 2014). “Section 733.504(3), Florida Statutes (2012), permits the removal of a personal representative for “[fjailure to comply with any order of the court.”

In re Est. of Goldner, 389 So. 2d 334 (Fla. 4th DCA 1980).

— 733.504(5) — 2 cases

Rand v. Giller, 489 So. 2d 796 (Fla. 3d DCA 1986). “§ 733.504(5), Fla. Stat. (1983). [6] See n. 1 supra.”

In re the Est. of Lieberman, 356 So. 2d 17 (Fla. 4th DCA 1978).

— 733.504(5)(9) — 1 case

In re Est. of Hammer, 31 Fla. Supp. 2d 30 (Fla. Cir. Ct. 1986).

— 733.504(9) — 9 cases

Cont'l Nat. Bank v. Brill, 636 So. 2d 782 (Fla. 3d DCA 1994). “" An administrator ad litem may *784 be appointed where the adverse interest of the personal representative does not interfere with the administration of the estate as a whole and therefore does not warrant the representative's removal.”

In Re Est. of Bell, 573 So. 2d 57 (Fla. 1st DCA 1990). “According to Section 733.504(9), Florida Statutes, a personal representative may be removed for holding or acquiring conflicting or adverse interests against the estate which will adversely interfere with the administration of the estate as a whole.”

In Re Est. of Gaspelin, 542 So. 2d 1023 (Fla. 2d DCA 1989).

Rand v. Giller, 489 So. 2d 796 (Fla. 3d DCA 1986). “§ 733.504(5), Fla. Stat. (1983). [6] See n. 1 supra.”

Vaughn v. Batchelder, 633 So. 2d 526 (Fla. 2d DCA 1994).

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