Florida Statute 733.504 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

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(3) Failure to comply with any order of the court, unless the order has been superseded on appeal.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

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Amendments to 733.504

Annotations, Discussions, Cases:

Cases Citing Statute 733.504

Total Results: 43

Continental Nat. Bank v. Brill

636 So. 2d 782

District Court of Appeal of Florida | Filed: May 24, 1994 | Docket: 17563

Cited 15 times | Published

does not warrant the representative's removal. § 733.504(9), Fla. Stat. (1991); Kolb v. Levy, 104 So.2d

Hill v. Davis

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

Supreme Court of Florida | Filed: Sep 1, 2011 | Docket: 2357078

Cited 12 times | Published

personal representative for reasons set forth in section 733.504. Thus, our decision in this case is limited

Blechman v. Dely

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

District Court of Appeal of Florida | Filed: May 14, 2014 | Docket: 60240486

Cited 9 times | Published

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

Pontrello v. Estate of Kepler

528 So. 2d 441, 1988 WL 63459

District Court of Appeal of Florida | Filed: Jun 22, 1988 | Docket: 1717658

Cited 9 times | Published

and under an entirely different statute, see § 733.504, Fla. Stat. (1985), from the statutes governing

Gresham v. Strickland

784 So. 2d 578, 2001 WL 524404

District Court of Appeal of Florida | Filed: May 16, 2001 | Docket: 1744176

Cited 6 times | Published

for removal of a personal representative. Section 733.504, Florida Statutes (2000), states: Causes of

Estate of Murphy

336 So. 2d 697

District Court of Appeal of Florida | Filed: Aug 27, 1976 | Docket: 1379459

Cited 6 times | Published

Removal of a personal representative pursuant to Section 733.504 Florida Statutes (1975) (formerly Section 734

In Re Estate of Pearce

507 So. 2d 729, 12 Fla. L. Weekly 1304, 1987 Fla. App. LEXIS 8304

District Court of Appeal of Florida | Filed: May 20, 1987 | Docket: 1659425

Cited 5 times | Published

constituted grounds for her removal pursuant to section 733.504, Florida Statutes (1983). It was determined

Edelman v. Breed

836 So. 2d 1092, 2003 WL 255240

District Court of Appeal of Florida | Filed: Feb 7, 2003 | Docket: 1499823

Cited 4 times | Published

the court removed Edelman for cause under section 733.504, Florida Statutes, without first giving him

Vaughn v. Batchelder

633 So. 2d 526, 1994 WL 72152

District Court of Appeal of Florida | Filed: Mar 9, 1994 | Docket: 1707911

Cited 4 times | Published

he must be removed from that position under section 733.504(9), Florida Statutes (1989). The trial court

In Re Estate of Miller

568 So. 2d 487, 1990 WL 154776

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 533369

Cited 4 times | Published

alternatives than a curatorship. For example, under Section 733.504, Florida Statutes (1989), the court could have

In Re Estate of Gaspelin

542 So. 2d 1023, 1989 WL 29030

District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 468942

Cited 4 times | Published

to remove a spouse as personal representative. § 733.504(9), Fla. Stat. (1985). [2] Whether a statutory

Fain v. Hall

463 F. Supp. 661, 1979 U.S. Dist. LEXIS 15301

District Court, M.D. Florida | Filed: Jan 3, 1979 | Docket: 2007895

Cited 4 times | Published

constitute grounds for removal, under Fla.Stat. § 733.504(2).[6] The logic of the state's attempt to justify

In Re Estate of Bell

573 So. 2d 57, 1990 WL 212142

District Court of Appeal of Florida | Filed: Dec 26, 1990 | Docket: 1518740

Cited 3 times | Published

also reverse the third issue. According to Section 733.504(9), Florida Statutes, a personal representative

Estate of Eisen v. Philip Morris USA, Inc.

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

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60236408

Cited 2 times | Published

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

In Re Amendments to the Florida Probate Rules

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

Supreme Court of Florida | Filed: Sep 28, 2011 | Docket: 2359764

Cited 2 times | Published

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

Werner v. Estate of McCloskey

943 So. 2d 1007, 2006 WL 3613178

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 2524275

Cited 2 times | Published

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

In Re Estate of Gainer

579 So. 2d 739, 1991 WL 77623

District Court of Appeal of Florida | Filed: Mar 29, 1991 | Docket: 1728629

Cited 2 times | Published

review denied, 564 So.2d 487 (Fla. 1990). Section 733.504(9), Florida Statutes, provides that a personal

Rand v. Giller

489 So. 2d 796, 11 Fla. L. Weekly 1168

District Court of Appeal of Florida | Filed: May 20, 1986 | Docket: 545594

Cited 2 times | Published

administration of the estate as a whole. See § 733.504(9), Fla. Stat. (1983). The record contains Giller's

In Re Amendments to the Fl. Probate Rules

964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

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

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Jul 3, 2024 | Docket: 68913248

Published

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

Donna D. Gnaegy v. Debra D. Morris

District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68084201

Published

which are causes for removal under Fla. Stat. § 733.504,” and that, because she breached “various duties

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

District Court of Appeal of Florida | Filed: Dec 8, 2021 | Docket: 61601898

Published

preference who is not specifically disqualified by [section 733.504, Florida Statutes (titled “Removal of personal

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

District Court of Appeal of Florida | Filed: Sep 8, 2021 | Docket: 60368604

Published

preference who is not specifically disqualified by [section 733.504, Florida Statutes (titled “Removal of personal

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

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761661

Published

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

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

Supreme Court of Florida | Filed: Nov 14, 2019 | Docket: 16761661

Published

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

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

253 So. 3d 983

Supreme Court of Florida | Filed: Sep 27, 2018 | Docket: 7943255

Published

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

226 So. 3d 929, 2017 Fla. App. LEXIS 12466, 2017 WL 3727050

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145384

Published

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

In re Amendments to the Florida Probate Rules

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

Supreme Court of Florida | Filed: Sep 26, 2013 | Docket: 60235089

Published

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

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

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

In re Amendments to the Florida Probate Rules

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

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

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

Amendments to the Florida Probate Rules

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

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

733.208, Fla. Stat. Discovery of later will. § 733.504, Fla. Stat. Causes of rRemoval of personal representative;

Amendments to the Florida Probate Rules

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

Supreme Court of Florida | Filed: May 2, 2002 | Docket: 64817121

Published

Stat. Resignation of personal representative. § 733.504, Fla. Stat. Causes-of-rRemoval of personal representative;

Amendments to Florida Probate Rules

807 So. 2d 622, 26 Fla. L. Weekly Supp. 663, 2001 Fla. LEXIS 2009, 2001 WL 1194323

Supreme Court of Florida | Filed: Oct 11, 2001 | Docket: 64812578

Published

733.208, Fla. Stat. Discovery of later will. § 733.504, Fla. Stat. Causes of removal of personal representative

Duncan v. Davis

579 So. 2d 739, 1991 Fla. App. LEXIS 2810

District Court of Appeal of Florida | Filed: Mar 29, 1991 | Docket: 64658780

Published

review denied, 564 So.2d 487 (Fla.1990). Section 733.504(9), Florida Statutes, provides that a personal

Smith v. Miller

568 So. 2d 487, 1990 Fla. App. LEXIS 7894

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 64653813

Published

alternatives than a curatorship. For example, under Section 733.504, Florida Statutes (1989), the court could have

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

will. F.S. 733.208 Discovery of later will. F.S. 733.504 Causes of removal of personal representative

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

will. F.S. 733.208 Discovery of later will. F.S. 733.504 Causes of removal of personal representative

In re Estate of Hammer

499 So. 2d 853, 11 Fla. L. Weekly 2496, 1986 Fla. App. LEXIS 10865

District Court of Appeal of Florida | Filed: Nov 26, 1986 | Docket: 64623961

Published

brother as personal representative is based on section 733.504(9), Florida Statutes (1985), which provides

Florida Bar re Amendment to Rules

458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151

Published

Committee notes revised. Statutory References F.S. 733.504 Causes of removal of personal representative

Pearce v. Foster

454 So. 2d 721, 9 Fla. L. Weekly 1790, 1984 Fla. App. LEXIS 14666

District Court of Appeal of Florida | Filed: Aug 15, 1984 | Docket: 64606460

Published

constitutes cause for her removal pursuant to section 733.504, Florida Statutes (1983).1 *723Should the trial

In re Estate of Senz

417 So. 2d 325, 1982 Fla. App. LEXIS 21159

District Court of Appeal of Florida | Filed: Aug 11, 1982 | Docket: 64591387

Published

prove sufficient grounds for removal under Section 733.504, Florida Statutes (1981). He further found

In re Estate of Goldner

389 So. 2d 334, 1980 Fla. App. LEXIS 17436

District Court of Appeal of Florida | Filed: Oct 22, 1980 | Docket: 64578465

Published

representative pursuant to the provisions of Section 733.504, Florida Statutes (1977), may authorize the

In re the Estate of Lieberman

356 So. 2d 17, 1978 Fla. App. LEXIS 14931

District Court of Appeal of Florida | Filed: Feb 7, 1978 | Docket: 64563292

Published

state a cause of action for removal under Section 733.504(5) of the Florida Statutes. Accordingly, the