The 2023 Florida Statutes (including 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(3) Failure to comply with any order of the court, unless the order has been superseded on appeal.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

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 from cite.case.law:

IN RE AMENDMENTS TO FLORIDA PROBATE RULES- FAST- TRACK REPORT., 253 So. 3d 983 (Fla. 2018)

. . . . § 733.504, Fla. Stat. Removal of personal representative; causes for removal. § 733.505, Fla. . . .

M. DELBROUCK, v. EBERLING G., 226 So. 3d 929 (Fla. Dist. Ct. App. 2017)

. . . administering the estate and giving preferential treatment to the other beneficiaries—to removal under section 733.504 . . .

BLECHMAN, v. DELY, S., 138 So. 3d 1110 (Fla. Dist. Ct. App. 2014)

. . . Section 733.504(3), Florida Statutes (2012), permits the removal of a personal representative for “[fjailure . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 123 So. 3d 31 (Fla. 2013)

. . . . § 733.504, Fla. Stat. Removal of personal representative; causes for removal. § 733.506, Fla. . . .

ESTATE OF EISEN, v. PHILIP MORRIS USA, INC., 126 So. 3d 323 (Fla. Dist. Ct. App. 2013)

. . . See § 733.504(1 )(a), Fla. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 73 So. 3d 205 (Fla. 2011)

. . . . § 733.504, Fla. Stat. Removal of personal representative; causes for removal. § 733.505, Fla. . . . Trust companies and other corporations and associations. § 733.504, Fla. Stat. . . .

HILL, v. DAVIS,, 70 So. 3d 572 (Fla. 2011)

. . . This case does not involve a proceeding filed under probate code sections 733.504, Florida Statutes ( . . . provide for an adversary proceeding to remove a personal representative for reasons set forth in section 733.504 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 733.504, Fla. Stat. Removal of personal representative; causes for removal. § 733.505, Fla. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

. . . . § 733.504, Fla. Stat. Removal of personal representative; causes for removal. § 733.506, Fla. . . . General definitions. § 733.504, Fla. Stat. . . .

J. WERNER, v. ESTATE OF K. McCLOSKEY a k a, 943 So. 2d 1007 (Fla. Dist. Ct. App. 2006)

. . . remand, there exists a legitimate concern about whether appellant has a conflict of interest, section 733.504 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 733.504, Fla. Stat. Removal of personal representative; causes for removal. § 733.506, Fla. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 733.504, Fla. Stat. . . . Proof of wills. § 733.504, Fla. Stat. . . . Trust companies and other corporations and associations. § 733.504, Fla. Stat. . . . General definitions. § 733.504, Fla. Stat. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 824 So. 2d 849 (Fla. 2002)

. . . . § 733.504, Fla. Stat. . . . General definitions. § 733.504, Fla. Stat. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 807 So. 2d 622 (Fla. 2001)

. . . . § 733.504, Fla. Stat. Causes of removal of personal representative. § 733.505, Fla. Stat. . . .

GRESHAM, v. L. STRICKLAND, P. A., 784 So. 2d 578 (Fla. Dist. Ct. App. 2001)

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

In MONTANEZ, DIDIEGO, v. CROCKETT, FRANKLIN CHASEN, P. A., 687 So. 2d 943 (Fla. Dist. Ct. App. 1997)

. . . R. 5.440; §§ 733.504-506, Fla. Stat. (1995). . . .

CONTINENTAL NATIONAL BANK, v. BRILL,, 636 So. 2d 782 (Fla. Dist. Ct. App. 1994)

. . . . § 733.504(9), Fla. Stat. (1991); Kolb v. . . .

VAUGHN, v. BATCHELDER, a k a, 633 So. 2d 526 (Fla. Dist. Ct. App. 1994)

. . . estate has a conflict with the estate such that he must be removed from that position under section 733.504 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . Discovery of later will. 733.504, Fla.Stat. . . . R&¿ 733.504, Fla.Stat. Causes of removal of personal representative. 733.506, Fla.Stat. . . . Resignation of personal representative. 733.504, Fla.Stat. . . . General definitions. 733.504, Fla.Stat. . . .

In ESTATE OF S. GAINER, G. DUNCAN, S. S. L. E. v. DAVIS S., 579 So. 2d 739 (Fla. Dist. Ct. App. 1991)

. . . Section 733.504(9), Florida Statutes, provides that a personal representative may be removed for holding . . .

In ESTATE OF V. BELL, HUNTER, v. JOHNSON, V., 573 So. 2d 57 (Fla. Dist. Ct. App. 1990)

. . . According to Section 733.504(9), Florida Statutes, a personal representative may be removed for holding . . .

In ESTATE OF T. MILLER, SMITH, v. G. MILLER,, 568 So. 2d 487 (Fla. Dist. Ct. App. 1990)

. . . For example, under Section 733.504, Florida Statutes (1989), the court could have appointed the appellant . . .

In ESTATE OF GASPELIN, GASPELIN, v. GASPELIN, GASPELIN H. III, v. GASPELIN,, 542 So. 2d 1023 (Fla. Dist. Ct. App. 1989)

. . . . § 733.504(9), Fla.Stat. (1985). . . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 733.504 Causes of removal of personal representative. . . . F.S. 733.504 Causes of removal of personal representative. F.S. 733.506 Proceedings for removal. . . . F.S. 733.504 Causes of removal of personal representative. . . . Statutory References F.S. 733.504 Causes of removal of personal representative. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

C. PONTRELLO, v. ESTATE OF C. KEPLER,, 528 So. 2d 441 (Fla. Dist. Ct. App. 1988)

. . . representative is determined when the question of removal arises and under an entirely different statute, see § 733.504 . . . The removal statute, section 733.504, sets forth causes for removal which generally do not arise or are . . . See §§ 733.303 and 733.504. . . . Although the appellant can be removed after his appointment if cause for his removal arises under section 733.504 . . . Section 733.504 specifies among the grounds for removal of a personal representative the following: ( . . .

In ESTATE OF PEARCE,, 507 So. 2d 729 (Fla. Dist. Ct. App. 1987)

. . . representative’s refusal to join in the appeal constituted grounds for her removal pursuant to section 733.504 . . .

In ESTATE HAMMER,, 499 So. 2d 853 (Fla. Dist. Ct. App. 1986)

. . . argument in support of removal of the surviving brother as personal representative is based on section 733.504 . . . However, neither section 733.504(9) nor Kolb mandates removal under the facts stated above. . . .

RAND, A. v. J. GILLER,, 489 So. 2d 796 (Fla. Dist. Ct. App. 1986)

. . . See § 733.504(9), Fla.Stat. (1983). . . . consent, the question of whether Giller should be removed for wasting or maladministering the estate. § 733.504 . . . It can indirectly, therefore, be a ground for removal of a personal representative. § 733.504(10), Fla . . . Section 733.504 does not, however, establish as a ground for removal something less than undue influence . . .

IN RE ESTATE OF VICTOR HAMMER,, 31 Fla. Supp. 2d 30 (Fla. Cir. Ct. 1986)

. . . S. . 733.504(5)(9) which states, inter alia, that a personal representative may be removed for, “(5) . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . Statutory References F.S. 733.504 Causes of removal of personal representative. . . .

F. PEARCE, Co- v. FOSTER, D. L., 454 So. 2d 721 (Fla. Dist. Ct. App. 1984)

. . . whether appel-lee’s refusal to join in this appeal constitutes cause for her removal pursuant to section 733.504 . . . Section 733.504, Florida Statutes (1983), provides: Causes of removal of personal representative. . . .

In ESTATE OF SENZ,, 417 So. 2d 325 (Fla. Dist. Ct. App. 1982)

. . . trial judge found the petitioners had failed to prove sufficient grounds for removal under Section 733.504 . . .

In ESTATE GOLDNER,, 389 So. 2d 334 (Fla. Dist. Ct. App. 1980)

. . . probate court, without first removing a co-personal representative pursuant to the provisions of Section 733.504 . . . Florida Statutes (1977), and subsequently, if Sternberg refused to comply, removing him under Section 733.504 . . . Section 733.504 sets forth the causes for removal of a personal representative. . . .

FAIN, M. L. v. T. HALL,, 463 F. Supp. 661 (M.D. Fla. 1979)

. . . . § 733.504 Causes of removal of personal representative. — A personal representative may be removed . . . Note that automatic removal of a personal representative for removal of domicile from Florida, under § 733.504 . . .

In ESTATE LIEBERMAN,, 356 So. 2d 17 (Fla. Dist. Ct. App. 1978)

. . . petition, we believe there are sufficient allegations to state a cause of action for removal under Section 733.504 . . .

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . FPC 733.504 Causes For Removal. . . .

In ESTATE P. MURPHY, Jr. MURPHY, v. V. PACE, Jr. Co- P. Jr., 336 So. 2d 697 (Fla. Dist. Ct. App. 1976)

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

In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 324 So. 2d 38 (Fla. 1975)

. . . FPC 733.504 Causes For Removal. FPC 733.505 Jurisdiction. . . .