Can an heir fire’the lawyer who the deceased selected as his personal representative?

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Can an heir fire’the lawyer who the deceased selected as his personal representative?

Asked on May 5, 2013 under Estate Planning, Florida

Answers:

Mitchell Goldman / Law Offices of Cantwell and Goldman, P.A.

Answered 8 years ago | Contributor

Although the beneficiaries of an estate can't technically "fire" a personal representative without cause, Florida Statutes Section 733.504 provides that the Personal Representative of an estate may be removed and the letters of administration revoked for any of the following causes, and the removal shall be in addition to any penalties prescribed by law:
(1) Adjudication that the personal representative is incapacitated.
(2) Physical or mental incapacity rendering the personal representative incapable of the discharge of his or her duties.
(3) Failure to comply with any order of the court, unless the order has been superseded on appeal.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.
(5) Wasting or maladministration of the estate.
(6) Failure to give bond or security for any purpose.
(7) Conviction of a felony.
(8) Insolvency of, or the appointment of a receiver or liquidator for, any corporate personal representative.
(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.
(10) Revocation of the probate of the decedent’s will that authorized or designated the appointment of the personal representative.
(11) Removal of domicile from Florida, if domicile was a requirement of initial appointment.
(12) The personal representative would not now be entitled to appointment.

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