How Can a Personal Representative Resign or Be Removed in Florida?

Resignation requires court approval. After notice to all interested persons, the court may accept the resignation and then revoke the letters of administration, as long as the interests of the estate are not jeopardized. Acceptance of the resignation does not exonerate the personal representative or the surety from liability.

Removal is a separate process. Under section 733.504, the court must remove a personal representative who was not qualified to act at the time of appointment. The statute also lists causes for which a personal representative may be removed.

The listed causes include adjudication of incapacity, physical or mental incapacity to perform the duties, failure to comply with a court order, and failure to account for sales of property or to produce and exhibit assets when required. Wasting or maladministration of the estate, failure to give bond, a felony conviction, and holding conflicting or adverse interests are also listed.

Other causes include revocation of the probate of the will that named the personal representative and a change of domicile outside Florida when domicile was required for appointment. Removal is also possible when the personal representative would not now be entitled to appointment. More about the role appears in what a personal representative does.