Personal Representative Liability for Estate Mismanagement in Florida

Being named a personal representative in a will can feel like an honor. And in many ways it is. But it also comes with serious legal responsibilities, and if those responsibilities are not carried out properly, the personal representative can be held personally liable. That is not a position anyone wants to find themselves in, especially while grieving.

So what does personal representative liability actually look like in Florida, and how do these disputes come about?

The Weight of the Role

A personal representative, sometimes called an executor in other states, is the person responsible for managing a deceased person’s estate through the probate process. That includes gathering and inventorying assets, notifying creditors, paying valid debts and taxes, and ultimately distributing what remains to the rightful beneficiaries.

Florida law takes this role seriously. Under Florida Statute § 733.619, a personal representative can be held individually liable when they act outside the scope of their authority, breach their fiduciary duty, or engage in conduct that causes loss to the estate. This means beneficiaries or other interested parties may have legal recourse if they believe the estate is being mismanaged.

Common examples of conduct that can lead to liability include:

• Failing to properly inventory or protect estate assets.
• Using estate funds for personal expenses.
• Selling estate property for less than fair market value.
• Favoring one beneficiary over others.
• Failing to pay valid creditor claims or taxes on time.
• Refusing to provide accountings or withholding information from beneficiaries.

What Beneficiaries Can Do When Things Go Wrong

If you are a beneficiary and you believe the personal representative is not doing their job, you are not without options. Florida’s probate courts have the authority to remove a personal representative, compel an accounting, and in some cases, surcharge the personal representative for losses caused by their mismanagement.

It is important to act promptly. Probate proceedings move on their own timelines, and delays in raising concerns can complicate matters. If something feels off, whether it is a lack of communication, suspicious transactions, or unexplained delays in the administration, those are signs that something may be worth looking into more closely.

On the flip side, if you are a personal representative who has been accused of mismanagement, you deserve a fair opportunity to respond. Not every claim against a personal representative is well-founded, and there are legitimate defenses available when the representative has acted in good faith and in accordance with their duties.

Contact Our Team Today for Help

Whether you are a beneficiary concerned about how an estate is being handled, or a personal representative facing accusations of wrongdoing, these situations are best navigated with experienced legal support. Our Fort Lauderdale probate litigation lawyers at the office of Edward J. Jennings, P.A. are ready to help you understand your rights and options. We invite you to reach out to us today by calling 954-764-4330 or completing our online contact form to schedule a consultation.