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The Florida Senate

2000 Florida Statutes

Section 733.504, Florida Statutes 2000

733.504  Causes of removal of personal representative.--A personal representative may be removed and his or her letters revoked for any of the following causes, and the removal shall be in addition to any penalties prescribed by law:

(1)  Adjudication of incompetency.

(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(3)  Failure to comply with any order of the court, unless the order has been superseded on appeal.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)  The 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)  The holding or acquiring by the personal representative of conflicting or adverse interests against the estate that will or may adversely 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 such personal representative.

(11)  Removal of domicile from Florida, if the personal representative is no longer qualified under part III of this chapter.

History.--s. 1, ch. 74-106; s. 69, ch. 75-220; s. 1, ch. 77-174; s. 998, ch. 97-102.

Note.--Created from former s. 734.11.