Florida Statute 733.504
“Removal of personal representative; causes for removal”
What it means
Section 733.504 states when a court removes a personal representative (PR). Removal is mandatory if the PR was not qualified to act at the time of appointment, and the letters are revoked. For other PRs, the court may remove the PR and revoke the letters for any of 12 listed causes.
The causes are: adjudicated incapacity; physical or mental incapacity to discharge the duties; failure to comply with a court order that has not been superseded on appeal; failure to account for the sale of property or to produce and exhibit estate assets when required; wasting or maladministration; failure to give bond or security; conviction of a felony; insolvency or receivership of a corporate PR; holding or acquiring conflicting or adverse interests that will or may interfere with administration as a whole; revocation of probate of the will that designated the PR; removal of domicile from Florida when domicile was a requirement of appointment; and no longer being entitled to appointment.
Removal under this section is in addition to any penalties prescribed by law.
- Removal is mandatory if the PR was not qualified to act at the time of appointment (§ 733.504, introductory text).
- Failure to comply with a court order is a cause unless the order has been superseded on appeal (§ 733.504(3)).
- Failure to account for the sale of property or to produce and exhibit estate assets when so required is a cause (§ 733.504(4)).
- Conflicting or adverse interests are a cause, but not for a surviving spouse exercising the elective share, family allowance, or exemptions (§ 733.504(9)).
- Removal of domicile from Florida is a cause only if domicile was a requirement of the initial appointment (§ 733.504(11)).
- Removal is in addition to any penalties prescribed by law (§ 733.504, closing sentence).
Text of the statute (2026)
A personal representative shall be removed and the letters revoked if he or she was not qualified to act at the time of appointment. A personal representative may be removed and the letters revoked for any of the following causes:
(3) Failure to comply with any order of the court, unless the order has been superseded on appeal.
(4) Failure to account for the sale of property or to produce and exhibit the assets of the estate when so required.
(9) 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.
(11) Removal of domicile from Florida, if domicile was a requirement of initial appointment.
Removal under this section is in addition to any penalties prescribed by law.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.504.
History. s. 1, ch. 74-106; s. 69, ch. 75-220; s. 1, ch. 77-174; s. 998, ch. 97-102; s. 117, ch. 2001-226; s. 10, ch. 2009-115; s. 5, ch. 2015-27.
How it applies
A removal petition rests on the causes listed in § 733.504, and Rule 5.440(a) requires the petition to state the facts constituting the grounds on which removal is sought. The listed causes include failure to comply with a court order (subsection (3)) and failure to account or to produce and exhibit estate assets when required (subsection (4)). Disagreement with a PR's choices is not among the listed causes.
Where this shows up
Pages on this site where § 733.504 does real work:
Related sections
Questions people ask
Sources
- Fla. Stat. § 733.504 (2026) (Introductory text and subsections (1)-(12): mandatory removal and the 12 causes.)
- Fla. Prob. R. 5.440(a) (Oct. 15, 2026 edition) (A petition for removal "must state the facts constituting the grounds on which removal is sought.")
Last checked: October 17, 2026
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