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Chapter 733 — Administration of Estates

Florida Statute 733.506

“Proceedings for removal”

What it means

Removal proceedings may be started by the court on its own or on the petition of an interested person. "Interested person" is defined in § 731.201 as a person who may reasonably be expected to be affected by the outcome of the proceeding.

When a personal representative is removed, the court shall revoke the letters. Removal does not exonerate the removed PR, or the removed PR's surety, from any liability.

Rule 5.440 supplies procedure. A removed PR must file an accounting within 30 days after removal (Rule 5.440(b)) and must deliver all estate records and property to the remaining PR or successor fiduciary immediately after removal or within the time set by court order (Rule 5.440(c)). Section 733.508 covers the final accounting and discharge.

— What it says
  • The court may commence removal on its own, or an interested person may petition (§ 733.506, first sentence).
  • The court shall revoke the letters of a removed PR (§ 733.506, second sentence).
  • Removal does not exonerate the removed PR or the surety from any liability (§ 733.506, third sentence).
  • A removed PR must file an accounting within 30 days after removal (Rule 5.440(b)).
  • A removed PR must deliver records and property to the successor immediately, or within the time set by court order (Rule 5.440(c)).

Text of the statute (2026)

§ 733.506
Proceedings for removal of a personal representative may be commenced by the court or upon the petition of an interested person. The court shall revoke the letters of a removed personal representative. The removal of a personal representative shall not exonerate the removed personal representative or the removed personal representative’s surety from any liability.
§ Fla. Prob. R. 5.440(b)-(c)
(b) Accounting. A removed personal representative must file an accounting within 30 days after removal. (c) Delivery of Records and Property. A removed personal representative must, immediately after removal or within such time prescribed by court order, deliver to the remaining personal representative or to the successor fiduciary all of the records of the estate and all of the property of the estate.

Excerpts are the subsections the summary relies on. Read the full official text of § 733.506.

History. s. 1, ch. 74-106; s. 71, ch. 75-220; s. 119, ch. 2001-226.

— In a Florida probate

How it applies

Section 733.506 provides that the court shall revoke the letters of a removed PR and that removal does not exonerate the removed PR or the PR's surety from any liability. Related steps are stated elsewhere: the removed PR files an accounting under Rule 5.440(b) and § 733.508, and § 733.609 states liability for breach of fiduciary duty. Because the court may commence the proceeding itself, removal does not depend on an interested person filing a petition.

Questions people ask

Who can ask the court to remove a personal representative in Florida?
An interested person, by petition, or the court on its own. Section 733.506 allows either. Section 731.201 defines an interested person as one who may reasonably be expected to be affected by the outcome of the proceeding.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 733.506

Published by the Probate.Help editorial team.How these pages are written and checked.

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