Florida Probate Rule 5.440

Proceedings for Removal of Personal Representative

Text of the rules effective October 1, 2026.

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  1. (a)
    Commencement of Proceeding. The court on its own motion may remove, or any interested person by petition may commence a proceeding to remove, a personal representative. A petition for removal must state the facts constituting the grounds on which removal is sought, and must be filed in the court having jurisdiction over the administration of the estate.
  2. (b)
    Accounting. A removed personal representative must file an accounting within 30 days after removal.
  3. (c)
    Delivery of Records and Property. A removed personal representative must, immediately after removal or within such time prescribed by court order, deliver to the remaining personal representative or to the successor fiduciary all of the records of the estate and all of the property of the estate.
  4. (d)
    Failure to File Accounting or Deliver Records and Property. If a removed personal representative fails to file an accounting or fails to deliver all property of the estate and all estate records under the control of the removed personal representative to the remaining personal representative or to the successor fiduciary within the time prescribed by this rule or by court order, the removed personal representative will be subject to contempt proceedings.

Notes

Committee Notes

The revision of subdivision (a) of this rule by the addition of its final phrase represents a rule implementation of the procedure found in section 733.505, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure.

Rule History
1980
Subdivision (a) amended to require formal notice to interested persons and to delete requirement that court give directions as to mode of notice. Surety authorized to petition for removal.
1984
Editorial changes. Provisions in prior rule for contempt have been deleted since the court has the inherent power to punish for contempt. Committee notes revised.
1988
Last phrase of (a) added to implement the procedure found in section 733.505, Florida Statutes. Subdivision (b) amended to parallel interim accounting rules. Deletes ability to extend time to file and adds reference to court power to punish for contempt. Committee notes expanded. Editorial changes. Citation form changes in committee notes.
1992
Editorial changes. Committee notes revised. Citation form changes in committee notes.
2002
Entire rule amended. Contents of accountings by removed fiduciaries are now governed by rule 5.346. Editorial changes in (a), (c), and (d). Committee notes revised.
2003
Committee notes revised.
2007
Committee notes revised.
2010
Editorial change in title to clarify scope of rule.
2012
Committee notes revised.
2026
Committee notes revised.

References

Statutory References

  • § 731.201(23), Fla. Stat. General definitions.
  • § 733.504, Fla. Stat. Removal of personal representative; causes of removal.
  • § 733.505, Fla. Stat. Jurisdiction in removal proceedings.
  • § 733.506, Fla. Stat. Proceedings for removal.
  • § 733.5061, Fla. Stat. Appointment of successor upon removal.
  • § 733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal.
  • § 733.509, Fla. Stat. Surrender of assets upon removal.

Rule References

Commentary from Matt Weidner

Probate attorney, Weidner Law, St. Petersburg. Videos open in a player.

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