In short: In Zierden v. Dunne (Fla. 5th DCA 2020), an appellant challenged an order in favor of the co-personal representatives of a Lake County estate. The Fifth District affirmed without opinion on March 17, 2020. When an estate has co-personal representatives, Florida law generally requires them to act together, and the probate court supervises them.
Naming two people to serve together as personal representative sounds like a safeguard. It can also be a source of conflict.
The Case
The appeal arose from the probate of an estate in Lake County (No. 5D18-2874). The appellant challenged an order entered in favor of the two co-personal representatives. The specific order appealed isn’t stated in the court record available online.
The Result
The Fifth District affirmed without opinion on March 17, 2020. A per curiam affirmance (PCA) means the appellate court agreed with the result below without writing an opinion. It sets no precedent, and because there is no opinion, the Florida Supreme Court generally can’t review it. The issues described here are the ones argued; the court didn’t say which arguments it accepted.
How Co-Personal Representatives Work
- Unless the will provides otherwise, co-personal representatives must generally act jointly. One can’t act alone except in limited emergencies or by delegation the law allows (§ 733.615).
- Each owes fiduciary duties to the estate and the beneficiaries.
- An interested person can petition to remove a personal representative for statutory grounds, such as mismanagement or conflict of interest (§ 733.504).
- A court can require accountings and surcharge a PR who breaches duties.
Lessons
- If you are an heir, request inventories and accountings in writing.
- Disagreement with a PR’s judgment isn’t the same as a breach; build the record on specific failures.
- Weigh the cost of an appeal against the PCA rate in probate appeals, which is high.
Source: Zierden v. Dunne, No. 5D18-2874 (Fla. 5th DCA Mar. 17, 2020).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. The court affirmed without a written opinion, so nothing said at argument should be read as the court’s reasoning.
Estate Dispute: Zierden v. Dunne | Florida Probate Court Case 18-2874
Go Deeper
- How to Remove a Personal Representative in Florida — § 733.504 Florida Statutes Explained
- The Florida Probate Process Step by Step: What the Personal Representative Must Do and the 12-Month Clock
Frequently Asked Questions
Do co-personal representatives have to agree in Florida?
Generally yes. Under § 733.615, co-personal representatives must act jointly unless the will or statute allows otherwise.
How do I remove a personal representative in Florida?
Petition the probate court on a statutory ground under § 733.504.
What does a PCA mean in a probate appeal?
The appellate court affirmed without an opinion. It sets no precedent.
What happened in Zierden v. Dunne?
The Fifth District affirmed without opinion in 2020.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate litigation and appeals from St. Petersburg. If you need a probate appeal lawyer, 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.
