How to Remove an Executor in a Miami Probate Case: A Step-by-Step Checklist

In Florida the person who administers an estate is called the personal representative, though many Miami families still use the word executor. When that person is not doing the job, beneficiaries are not powerless. Florida law allows the probate court to remove and replace a personal representative for cause. This checklist walks through how removal works in a Miami-Dade probate case.

Step 1: Confirm You Have Standing

Only an interested person can ask the court to remove a personal representative. That usually means a beneficiary, an heir, or a creditor of the estate. Before doing anything else, confirm that you have a legitimate stake in the outcome, because the court will check.

Step 2: Identify a Valid Ground for Removal

Frustration is not enough. Florida law lists specific grounds the court will recognize, including:

• Wasting, mismanaging, or misusing estate assets
• Failure to comply with a court order
• A conflict of interest or breach of fiduciary duty
• Becoming incapacitated or otherwise unable to serve
• Failing to account or to administer the estate properly
• Disqualification, such as a felony conviction or no longer being qualified to serve

Match your complaint to one of these grounds. A removal petition built on a clear statutory ground is far stronger than one based on general dissatisfaction.

Step 3: Gather Evidence

Removal is fact-driven. Assemble documentation before you file:

• Bank statements or accountings showing missing or misused funds
• Copies of court orders the representative ignored
• Correspondence showing failure to respond or to provide information
• Evidence of self-dealing, such as selling estate property to themselves below value

Strong contemporaneous records carry far more weight than memory in front of a Miami-Dade probate judge.

Step 4: Try a Demand or Negotiation First

Sometimes a formal written demand for an accounting or for action resolves the problem without litigation. A documented request also strengthens your case later, because it shows you gave the representative a chance to fix things and they did not.

Step 5: File a Petition for Removal

If informal efforts fail, file a petition to remove the personal representative in the same Miami-Dade probate case. The petition should state the grounds, attach or reference your evidence, and ask the court to revoke the representative’s letters of administration. You will serve the representative and other interested persons.

Step 6: Consider Interim Protection

If assets are at immediate risk, you can ask the court for temporary measures while the case is pending, such as restricting the representative’s authority or appointing a curator to safeguard the estate. This can stop further harm before a final ruling.

Step 7: Attend the Hearing and Plan for a Successor

At the hearing the judge weighs the evidence and decides whether removal is warranted. If the court removes the representative, it will appoint a successor, often the next person named in the will or another qualified person. Be ready to propose a qualified successor who is eligible to serve under Florida law.

A Note on Costs and Recovery

If a representative breached duties and caused losses, the court can order them to repay the estate and may deny or reduce their fees. Keep a clear tally of any harm so the court can make the estate whole.

Consult a Florida Probate Attorney

Removing a personal representative is contested litigation with strict procedures. Before you file in Miami-Dade, talk with a licensed Florida probate attorney who can evaluate your grounds, marshal the evidence, and protect the estate.