In short: A Florida personal representative is a fiduciary held to the same standard of care as a trustee (§ 733.602). A PR who breaches that duty is personally liable for the loss, and in that proceeding the court must award costs and attorney’s fees (§ 733.609). The court can also remove a PR for reasons like failing to account, wasting the estate, or a conflict of interest (§ 733.504).
Mom dies. The will names the oldest son as personal representative. He thinks the job is a title. It isn’t. The law treats it as a fiduciary office, and the stakes for getting it wrong are personal.
Matt’s view, after 25 years of probate litigation, is that the job is getting harder. Families trust each other less. Beneficiaries arrive with AI research and pointed questions. And too many PRs are appointed without anyone explaining what the role actually requires.
A PR Is a Fiduciary With a Trustee’s Standard of Care
Section 733.602(1) is the starting point:
“A personal representative is a fiduciary who shall observe the standards of care applicable to trustees.”
That means loyalty to the estate and all its beneficiaries, not to yourself or to the sibling you like best. It means following the will and the statutes even when you think Mom “really wanted” something else. Matt puts it plainly in one of these videos: your job is not to do what you think was supposed to happen. Your job is to do what the law and the documents require.
What the Job Includes
- Getting appointed. The PR has no power until the court signs an order and letters issue.
- Collecting and protecting the assets: accounts, real estate, vehicles, personal property.
- Serving the notice of administration and notifying known creditors.
- Filing a verified inventory.
- Paying valid claims and expenses in the order the statute sets.
- Keeping records of every dollar, then accounting and distributing.
Personal Liability for Breach
Section 733.609(1) makes a PR’s duty “the same as the fiduciary duty of a trustee of an express trust,” and a PR who breaches it “is liable to interested persons for damage or loss.” In that proceeding, “the court shall award taxable costs as in chancery actions, including attorney’s fees.” The court can order those fees paid from a party’s share of the estate.
The flip side: a PR is generally not personally liable on contracts signed for the estate or for torts tied to estate property, unless the PR is personally at fault (§ 733.619).
Removal: § 733.504
The court may remove a PR for, among other reasons:
- Failure to comply with a court order
- Failure to account for sales of property or to produce and exhibit estate assets when required
- “Wasting or maladministration of the estate”
- Conflicting or adverse interests that will or may interfere with administration (not including a spouse’s elective share, family allowance, or exempt property rights)
- A felony conviction, or incapacity
A removed PR “shall file and serve a final accounting” and has to deliver the assets to the successor (§ 733.508). See how to remove a personal representative.
You May Not Need a Separate Lawsuit
When a PR is taking money, Matt’s first point is procedural: you usually don’t need to file a new lawsuit. From the moment of death, the probate court has jurisdiction over the estate. A petition in the existing probate case can put the problem in front of the judge who already supervises the PR. Courts can freeze accounts, block sales, order property returned, surcharge the PR, and remove the PR.
Document it first. Matt’s office has found estate property listed on Facebook Marketplace and real estate listed on realtor sites before anyone told the family. Screenshots, bank records, contracts, and witness statements are what move a judge. See someone stealing from an estate.
New in 2026: Tools for PRs, Too
The 2026 probate reform law (ch. 2026-57) added § 733.6125, which gives a PR a way to deal with banks and other custodians that refuse to honor valid letters of administration. If you are the PR and a bank is stonewalling, ask your lawyer about it.
Watch: the videos behind this article
A Florida personal representative who steals from the estate is PERSONALLY liable
Florida Personal Representative: What Your Fiduciary Duty Actually Means (2026)
Unprepared Personal Representative in Florida Probate: Duties & Liability (2026)
What If a Personal Representative Makes Mistakes in Florida?
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments, posted on the channel. Watch how the judges question both sides. Read the written opinion before relying on any outcome: an argument is not a ruling.
Florida Probate Judge Oversteps? PR Removed Without Hearing
REMOVED as Personal Rep?! Estate Battle Erupts | LeMieux v. Mitchell | 5D2019-1075
Florida Probate Appeal: Executor Removed on Summary Judgment
Go Deeper
- How to Remove a Personal Representative in Florida (§ 733.504)
- Florida Probate Case: Why Removing a PR Isn’t Easy
- Florida Probate Process Step by Step
- Someone Stealing From an Estate in Florida? How to Find Hidden Assets and Get the Money Back
Frequently Asked Questions
What are the duties of a personal representative in Florida?
To settle and distribute the estate according to the will and the law, as efficiently as possible, in the best interests of everyone interested in the estate. Section 733.602 says a PR “is a fiduciary who shall observe the standards of care applicable to trustees.”
Can a personal representative be held personally liable in Florida?
Yes. Under § 733.609, a PR who breaches fiduciary duty is liable to interested persons for the damage or loss, and the court shall award taxable costs, including attorney’s fees, in that proceeding. A PR is generally not personally liable on estate contracts or torts unless personally at fault (§ 733.619).
Can a beneficiary remove a personal representative in Florida?
A beneficiary can petition for removal. Grounds under § 733.504 include failure to comply with a court order, failure to account or produce assets, wasting or maladministration of the estate, a conflict of interest, and a felony conviction. A removed PR must file a final accounting (§ 733.508).
Do I have to file a separate lawsuit if the PR is stealing?
Often not. The probate judge already has jurisdiction over the estate and the PR. A petition in the probate case can ask the court to freeze accounts, block a sale, compel an accounting, surcharge the PR, or remove the PR.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, guardianship, and will disputes from St. Petersburg. If you need a probate litigation lawyer in St. Petersburg or anywhere in Florida, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
