How to Hold a Personal Representative Accountable in Florida
When someone passes away, the person named to handle their estate takes on a serious legal responsibility. That person, called a personal representative (sometimes referred to as an executor in other states), is supposed to manage and distribute the estate honestly and carefully. But what happens when they are not doing that? If you are a beneficiary and something feels off, you are not powerless. Florida law gives you real tools to hold a personal representative accountable.
What the Law Actually Requires of a Personal Representative
A personal representative in Florida is a fiduciary, which means they are held to one of the highest legal standards of conduct. Under Florida Statute § 733.609, a personal representative’s fiduciary duty is the same as that of a trustee of an express trust, and they are personally liable to beneficiaries and other interested parties for any damage or loss that results from a breach of that duty. That is not a small thing. It means a personal representative who mismanages estate assets, ignores creditors, makes self-serving financial decisions, or fails to keep beneficiaries informed can face real legal consequences, including personal financial liability.
Some of the most common problems that come up include failing to file a proper estate inventory within the required timeframe, not providing accountings to beneficiaries, selling estate assets at below-market prices, mixing estate funds with personal funds, and dragging out the administration process without good reason.
Steps You Can Take If You Have Concerns
If you believe a personal representative is not holding up their end of the deal, there are several things that can happen through the Florida probate court:
- Demand an accounting. Beneficiaries have the right to receive financial records showing what has come in and out of the estate. If the personal representative refuses or stonewalls, a court can order them to produce one.
- File a formal objection. If an accounting is provided but something looks wrong, beneficiaries can challenge it in court.
- Petition for removal. Florida law allows courts to remove a personal representative for a number of reasons, including failure to comply with court orders, failure to account for estate property, and holding conflicting interests that interfere with estate administration.
- Seek damages. If the personal representative’s conduct caused financial harm to the estate, a court can require them to pay back those losses out of their own pocket, not from estate assets.
One important thing to keep in mind: in actions for breach of fiduciary duty under § 733.609, the court can also award attorney’s fees, which can make it more realistic for beneficiaries to pursue these claims even when the damages alone might feel like a lot to take on.
Reach Out to an Attorney Before It Gets Worse
These situations can escalate quickly, and waiting too long can sometimes limit your options. If you are a beneficiary who is not getting information, not receiving distributions on time, or suspects that something is wrong with how an estate is being handled, it is worth talking to someone who knows this area of law.
At Edward J. Jennings, P.A., we are here to help you understand your rights and figure out your next steps. Our Fort Lauderdale personal representative duties attorneys work with beneficiaries and other interested parties navigating difficult probate situations. Reach out to us today to schedule a consultation and learn how we can provide professional guidance.
Source:
flsenate.gov/Laws/Statutes/2024/Chapter733/All
