What happens when the personal representative of an estate is not performing his or her duties or is not acting in the best interest of the estate? The Florida Probate Code lists causes for removal of a Personal representative. In addition to a physical or mental incapacity that would prevent a personal representative from performing his or her duties, the following are other circumstances and conditions under which the pesonal representative of an estate may be validly removed:
- Failure to comply with a court order;
- Failure to account for the sale of property or provide an inventory;
- Wasting the assets of an estate;
- Failure to post bond;
- Conviction of a felony;
- Insolvency of a corporate personal representative;
- Except for a surviving spouse, acquiring a conflict of interest that may or will interfere with the administration of the estate;
- Revocation of the will naming the person as personal representative;
- Removal of Florida as a Domicile, unless domicile is not a requirement; or
- If the personal representative would not now be entitle to appointment.
Any interested person may petition for the removal of a personal representative. The petition must allege an interest and facts comprising a statutory ground for removal. Fla. Prob. R. 5.440. Furthermore, the removal of a personal representative appointed by a decedent is a last resort. See In re Estate of Murphy’s, 336 So.2d 697 (Fla. 4th DCA 1976).