Florida
Removal of Personal Representative
Florida law provides that a personal representative may be
removed and the letters revoked for any of the following causes,
and the removal shall be in addition to any penalties prescribed
by law:
- Adjudication of incompetency.
- Physical or mental incapacity rendering the personal
representative incapable of the discharge of his or her
duties.
- Failure to comply with any order of the court, unless
the order has been superseded on appeal.
- Failure to account for the sale of property or to produce
and exhibit the assets of the estate when so required.
- Wasting or maladministration of the estate.
- Failure to give bond or security for any purpose.
- Conviction of a felony.
- Insolvency of, or the appointment of a receiver or liquidator
for, any corporate personal representative.
- 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.
- Revocation of the probate of the decedent's will that
authorized or designated the appointment of the personal
representative.
- Removal of domicile from Florida, if domicile was a requirement
of initial appointment.
- The personal representative would not now be entitled
to appointment
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