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What Happens When a Personal Representative Fails Their Duties in Florida?

In Florida, personal representatives (also known as executors) are entrusted with significant power—and legal responsibility—when it comes to managing an estate. Their role is to carry out the decedent’s wishes, handle assets properly, and ensure a smooth distribution to beneficiaries.

But what happens when they fail to do that?

At Conrad & Scherer, we handle trust and probate litigation arising from fiduciary misconduct, estate mismanagement, or family disputes. While estate planning documents can outline a decedent’s wishes, it often falls to the courts when those wishes aren’t upheld. Here’s what you should know.

The Role of a Personal Representative in Florida

A personal representative has a fiduciary duty to administer the estate with honesty, diligence, and in good faith. Their responsibilities typically include:

• Filing the will with the probate court

• Collecting and safeguarding assets like bank accounts, property, and investments

• Paying taxes, debts, and expenses

• Notifying creditors and beneficiaries

• Distributing assets according to the will or state law

Florida law (Chapter 733, Florida Statutes) provides specific guidelines and timelines. When these duties are breached—whether through negligence or intentional misconduct—beneficiaries may suffer losses.

Examples of Breach or Mismanagement

In South Florida, disputes frequently arise from scenarios like these:

• Delayed Distributions: Months pass with little communication or progress. Assets sit idle or depreciate.

• Self-Dealing: A representative transfers estate property to themselves or a family member at a reduced value.

• Missing or Hidden Assets: Beneficiaries notice discrepancies in bank statements or property inventories.

• Neglected Properties: Real estate falls into disrepair because the representative failed to maintain it.

• Failure to File: Required court documents or tax forms are ignored, resulting in fines or legal complications.

These aren’t just frustrating—they can lead to significant financial harm for heirs.

Legal Remedies for Heirs and Beneficiaries

Florida probate courts offer several tools to address misconduct:

• Petition for Removal: You can request that the court remove the representative and appoint someone else.

• Formal Accounting: You may demand a detailed, court-reviewed breakdown of all assets, transactions, and distributions.

• Monetary Damages: If negligence or misconduct caused losses, legal action can recover estate funds.

• Injunctions or Emergency Relief: Courts can intervene quickly if there’s risk of asset dissipation or harm.

Timing matters. Once the estate is closed or assets are distributed, it becomes harder to recover losses. If you suspect wrongdoing, it’s important to act early.

Example Scenario

Imagine a case where a personal representative is also a beneficiary—and starts living in the deceased’s Fort Lauderdale condo rent-free while refusing to sell it or provide updates to the other heirs. This kind of self-interest can spark legal action. With proper documentation and court intervention, beneficiaries can demand a sale, recover back rent, or even pursue removal of the representative entirely.

Why Probate Litigation Requires Local Experience

Every estate is unique, and family dynamics often complicate matters. In high-value or contentious estates—especially in Fort Lauderdale’s competitive real estate market—litigation becomes more likely. Local knowledge of South Florida’s courts, statutes, and probate judges can make all the difference.

Conrad & Scherer represents beneficiaries, trustees, and representatives alike in complex estate disputes. Whether you’re seeking justice or defending your role, we know how to navigate these high-stakes cases with discretion and impact.

When to Call a Probate Litigation Attorney

If you’re concerned about the conduct of a personal representative—or are facing legal claims yourself—consulting with experienced counsel is critical. Delays, disputes, and documentation issues can quickly escalate. A skilled litigation team can help you protect what’s rightfully yours.