Challenging a Personal Representative: What Counts as a Breach of Fiduciary Duty in Florida

Fri Nov 21, 2025 | Estate Planning | Share

In Florida, when a loved one dies, the person they name as their personal representative to administer their estate assumes a position of trust, authority, and responsibility. And for most of those individuals, it is a role they take very seriously and do their best to honor the decedent’s wishes and intent. But of course, not everyone is prepared, qualified, or acting in good faith or in accordance with Florida law. When impropriety, self-dealing, fraud, or mismanagement happen, heirs and beneficiaries may suffer real financial consequences. It is at that point that the legal concept of “breach of fiduciary duty” comes into play as the central issue in any challenge.

Familiarity with what legally constitutes a breach of fiduciary duty is important, however. A personal representative has no right to do as they please with estate assets. There are strict statutory rules that govern the probate process, and ethical duties that the personal representative must uphold. When those rules are not followed, the beneficiaries have every right to challenge in court. The questions are what behavior rises to the level of a breach, and how Florida courts determine that behavior is wrongful.

Fiduciary Duties Are Defined by Law

In Florida, a personal representative (PR) acts as the decedent’s legal successor and assumes control of the estate on behalf of beneficiaries. The appointment becomes effective the minute the court issues Letters of Administration, and from that moment forward, the PR becomes a fiduciary, someone who is legally bound to put the estate’s interests ahead of their own.

A fiduciary is subject to one of the highest legal standards of behavior known to the law. The fiduciary standard requires honesty, transparency, accountability, loyalty, and prudence in every action. For most families, these expectations are well understood. But some personal representatives have a poor understanding of their fiduciary role. Some feel they need only “do their best.” Some believe they can distribute estate assets as they see fit. Some think they can make decisions that are in their own self-interest because “the family won’t mind.”

Florida probate courts take a different approach to the fiduciary role. A PR who acts in bad faith, or who lets personal interests or desires motivate estate decisions, can be removed from the case, sanctioned, or held financially liable for damages.

Mismanagement of Estate Assets Is a Classic Breach

Mismanagement of estate assets is one of the most common reasons for a breach. Personal representatives have an affirmative duty to gather, safeguard, and inventory every asset owned by the estate. This includes bank accounts, investment portfolios, real estate, vehicles, business interests, personal property, and digital assets. When a personal representative fails to secure or properly value estate assets, then beneficiaries may face real financial losses.

For example, consider a situation where the personal representative allows a vacant property to fall into disrepair because they did not secure it, maintain it, or ensure insurance remained in effect. Or perhaps a PR sells a valuable piece of artwork at far less than fair market value because they failed to obtain an independent appraisal. In either case, the PR has failed to exercise the care required under Florida law.

Mismanagement does not have to be willful or malicious to be a breach. Negligence, inattention, or ignorance may be just as costly as bad intent. Beneficiaries have a right to legal remedies if their actions cause financial loss.

Failure to Communicate or Account for Estate Finances

Transparency is another area where personal representatives have a major duty. The PR is required to keep records, account for every dollar entering and leaving the estate, and file reports with beneficiaries and the court on a regular basis. Florida probate law mandates accountings at least annually, as well as full financial documentation.

When a personal representative refuses to provide regular updates, ignores requests for information from beneficiaries, or otherwise fails to file required reports, it is a red flag. Beneficiaries have a legal right to know what is happening with their money. When a PR acts in secret, whether intentionally or by neglect, the court may find it a breach of fiduciary duty.

Self-Dealing and Conflicts of Interest

Self-dealing and conflicts of interest may be some of the strongest reasons to challenge a personal representative. The PR may not use their position to enrich themselves, help a friend or family member, or gain any other benefit at the estate’s expense.

Self-dealing can manifest in various ways. A PR might sell estate property to themselves or their own business at a discount. They might hire their own company to provide services for the estate and pay themselves inflated fees. They might distribute assets to benefit a favored beneficiary or disadvantage another.

Florida courts look dimly on conflicts of interest. Even the appearance of a conflict may be problematic. 

Failing to Follow the Will or Making Improper Distributions

A personal representative has no right to pick and choose which parts of a will to follow or ignore. They must administer the estate as the decedent intended, unless a court orders otherwise. Distributing assets too early, withholding inheritances, or giving to one beneficiary over another are classic examples of fiduciary breaches.

Improper distributions can be especially harmful. A PR who gives away assets before paying creditor claims or taxes may leave beneficiaries having to return funds or property to the estate later. And a PR who ignores the terms of a will, perhaps because they disagree with it or want to help a particular heir, may find the court intervening quickly.

Misuse or Theft of Estate Funds

In the worst cases, the breach may be obvious. Personal representatives sometimes steal from the estate, borrow against it, pay personal expenses with estate accounts, or divert assets for their own benefit. These are acts of direct theft, and among the most serious breaches Florida law recognizes.

Even if the PR claims they only intended to “pay it back” later, the breach still occurred. Estate funds should never be treated like a personal bank account. Courts can immediately remove a PR who steals or misuses estate funds, order repayment with interest, and impose other sanctions. In extreme cases, the conduct can lead to criminal charges.

Petitioning a Probate Court in Florida to Remove a Personal Representative

When beneficiaries believe a personal representative has committed a breach, they may petition the probate court for relief. The judge may order the PR to provide a formal accounting, repay losses, correct errors, or take specific actions to protect the estate. In the most serious cases, the court may even remove the personal representative from their position.

Beneficiaries do not take challenging a PR lightly. It can add family tension and prolong the estate process. But when a personal representative fails in their fiduciary duty, beneficiaries have a legal right—and often financial necessity—to act. Florida’s probate system is designed to protect the estate, the inheritance, and the decedent’s wishes. Contact our office if you have questions or concerns about your specific situation.