Florida Statute 733.504 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.504

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(3) Failure to comply with any order of the court, unless the order has been superseded on appeal.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

F.S. 733.504 on Google Scholar

F.S. 733.504 on Casetext

Amendments to 733.504

Arrestable Offenses / Crimes under Fla. Stat. 733.504

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.504.

Annotations, Discussions, Cases:

Cases Citing Statute 733.504

Total Results: 20

In Re: Amendments to Florida Probate Rules

Court: Fla. | Date Filed: 2024-07-03T00:00:00-07:00

Snippet: administration; filing of objections. § 733.504, Fla. Stat. Removal of personal representative;

Donna D. Gnaegy v. Debra D. Morris

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-13T00:00:00-08:00

Snippet: which are causes for removal under Fla. Stat. § 733.504,” and that, because she breached “various duties…serves the interests of the beneficiaries.” § 733.504, Fla. Stat. (2022) (“A personal representative …which are causes for removal under Fla. Stat. § 733.504(3).” In enumerating each cause for removal, the

ROSEMARY COONEY v. KEVAN BOYLES, as Personal Representative, JOSE IVAN JIMENEZ and CAROL ANN DYBDAL

Court: Fla. Dist. Ct. App. | Date Filed: 2021-12-07T23:53:00-08:00

Snippet: who is not specifically disqualified by [section 733.504, Florida Statutes (titled “Removal of personal …who is not specifically disqualified by [section 733.504].”). Thus, the trial court did not abuse its discretion

ROSEMARY COONEY v. KEVAN BOYLES, as Personal Representative, JOSE IVAN JIMENEZ and CAROL ANN DYBDAL

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-08T00:53:00-07:00

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: other corporations and associations. § 733.504, Fla. Stat. Removal of personal representative;

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2019-11-14T00:00:00-08:00

Snippet: other corporations and associations. § 733.504, Fla. Stat. Removal of personal representative;

In RE: AMENDMENTS TO the FLORIDA PROBATE RULES-2018 FAST-TRACK REPORT.

Court: Fla. | Date Filed: 2018-09-27T00:00:00-07:00

Citation: 253 So. 3d 983

Snippet: 733.208, Fla. Stat. Discovery of later will. § 733.504, Fla. Stat. Removal of personal representative;

GEORGES M. DELBROUCK v. ESTATE OF LEON G. DELBROUCK, MARIA EBERLING

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-30T00:00:00-07:00

Citation: 226 So. 3d 929, 2017 Fla. App. LEXIS 12466

Snippet: the other beneficiaries—to removal under section 733.504(10), Florida Statutes (2014). There is no requirement

Blechman v. Dely

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-14T00:00:00-07:00

Citation: 138 So. 3d 1110, 2014 WL 1908813, 2014 Fla. App. LEXIS 7110

Snippet: his removal as personal representative. Section 733.504(3), Florida Statutes (2012), permits the removal

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2013-09-26T00:00:00-07:00

Citation: 123 So. 3d 31, 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064

Snippet: companies and other corporations and associations. § 733.504, Fla. Stat. Removal of personal representative;

Estate of Eisen v. Philip Morris USA, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-10T00:00:00-07:00

Citation: 126 So. 3d 323, 2013 WL 1442256, 2013 Fla. App. LEXIS 5651

Snippet: because he had a prior felony conviction. See § 733.504(1 )(a), Fla. Stat. (2012) (providing "[a]

In Re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2011-09-28T00:00:00-07:00

Citation: 73 So. 3d 205, 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

Snippet: 733.208, Fla. Stat. Discovery of later will. § 733.504, Fla. Stat. Removal of personal representative;…companies and other corporations and associations. § 733.504, Fla. Stat. Removal of personal representative;

Hill v. Davis

Court: Fla. | Date Filed: 2011-09-01T00:00:00-07:00

Citation: 70 So. 3d 572, 36 Fla. L. Weekly Supp. 487, 2011 Fla. LEXIS 2048, 2011 WL 3847252

Snippet: a proceeding filed under probate code sections 733.504, Florida Statutes (2007), and 733.506, Florida …representative for reasons set forth in section 733.504. Thus, our decision in this case is limited to

In Re Amend. to Florida Probate Rules

Court: Fla. | Date Filed: 2008-07-10T00:53:00-07:00

Citation: 986 So. 2d 576

Snippet: 733.208, Fla. Stat. Discovery of later will. § 733.504, Fla. Stat. Removal of personal representative;

In Re Amendments to the Fl. Probate Rules

Court: Fla. | Date Filed: 2007-07-12T00:53:00-07:00

Citation: 964 So. 2d 140

Snippet: companies and other corporations and associations. § 733.504, Fla. Stat. Removal of personal representative;…731.201(21)(23), Fla. Stat. General definitions. § 733.504, Fla. Stat. Removal of personal representative;

Werner v. Estate of McCloskey

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-12T23:53:00-08:00

Citation: 943 So. 2d 1007

Snippet: appellant has a conflict of interest, section 733.504(9), which lists causes for removal of a personal

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2005-09-29T00:00:00-07:00

Citation: 912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Snippet: companies and other corporations and associations. § 733.504, Fla. Stat. Removal of personal representative;

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2003-06-19T00:00:00-07:00

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: 733.208, Fla. Stat. Discovery of later will. § 733.504, Fla. Stat. Causes of rRemoval of personal representative…probate. § 733.201, Fla. Stat. Proof of wills. § 733.504, Fla. Stat. Causes of rRemoval of personal representative…companies and other corporations and associations. § 733.504, Fla. Stat. Removal of personal representative;…731.201(21), Fla. Stat. General definitions. § 733.504, Fla. Stat. Removal of personal representative;

Edelman v. Breed

Court: Fla. Dist. Ct. App. | Date Filed: 2003-02-06T23:53:00-08:00

Citation: 836 So. 2d 1092

Snippet: court removed Edelman for cause under section 733.504, Florida Statutes, without first giving him an

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2002-05-02T00:00:00-07:00

Citation: 824 So. 2d 849, 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

Snippet: Stat. Resignation of personal representative. § 733.504, Fla. Stat. Causes-of-rRemoval of personal representative…731.201(21), Fla. Stat. General definitions. § 733.504, Fla. Stat. Causes-of-rR emo-val of personal representative