When Would an Executor Be Removed in Florida Probate?
In Florida, the executor of a will is generally the person (or entity) responsible for opening and managing the probate process. An executor has a duty to carry out the legally valid wishes of the decedent and protect the best interests of the estate and its rightful beneficiaries. Indeed, they have fiduciary obligations. Under Florida law (Florida Statute § 733.504), an executor can be removed for failing to live up to these duties. In this article, our St. Petersburg probate lawyer explains why an executor may be removed during the probate process.
Understanding the Fiduciary Duty Standard for Executors in Florida
One of the most important things to know about the role of the executor in Florida is that it is a position as a fiduciary. That is the highest standard of care under American law. The role demands loyalty, prudence, and impartial administration of the estate. Indeed, Florida Probate Code requires the executor to settle and distribute the estate “as expeditiously and efficiently as is consistent with the best interests of the estate.” A breach of the fiduciary duty of the executor occurs when he or she (or it, in this case of an institution) places personal interests above beneficiaries, mismanages assets, or fails to follow statutory duties and court orders. A petition to remove an executor may be filed by any interested person.
An Overview of the Most Common Reasons Why Executors are Removed
The Failure to Administer the Estate (Delay or Inaction)
Delays can constitute a breach of fiduciary duty. An executor who does not open probate promptly, ignores deadlines, or fails to marshal assets risks removal. Courts expect steady progress. Unexplained delay is not acceptable. An executor may be removed for inaction.
Conflict of Interest or Self-Dealing
An executor who has a conflict of interest may need to be removed. Transactions that benefit the executor at the estate’s expense violate the duty of loyalty. Some examples include purchasing estate property below market value, using estate funds for personal purposes, or steering contracts to related parties without disclosure and court approval.
Mismanagement or Waste of Estate Assets
The executor also owes a general duty of competence to the estate and its beneficiaries. Poor asset handling can justify removal even without intent to harm. The failure to insure property, the allowing of real estate to deteriorate, or making imprudent investment decisions that exposes the estate to losses could justify a removal.
Failure to Comply with Court Orders and/or Statutory Duties
Finally, an executor who fails to follow the court and/or the law can be removed. Ignoring court directives, refusing to provide accountings, or failing to communicate with beneficiaries undermines the probate process. Noncompliance signals that the executor cannot be trusted to fulfill the role.
Get Help From a Florida Probate Lawyer
At Fisher & Wilsey, P.A., our St. Petersburg probate attorney handles complex cases, including those involving the removal of executors. If you have any questions about your options, please do not hesitate to contact us today for a confidential consultation. Our firm is located in St. Petersburg and we handle probate law matters in Pinellas County and throughout the area.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.504.html
