Is Your Personal Representative Not Closing the Estate?

If a personal representative in Florida is not closing the estate, you have real options. Florida law sets out what the personal representative must do, and it gives heirs and beneficiaries clear rights. This guide walks through the steps in order: know the duties, put requests in writing, track the deadlines, and then look at court options.

Why a Florida Estate Can Stall Without Closing

Slow probate is not always a sign of wrongdoing. Some delay is normal. A creditor claim period, moving property into the estate’s name, and tax filings can each add months. Delay alone is not the same as misconduct.

Still, some signs deserve a close look. Heirs often notice no written inventory, letters that go unanswered, no distributions, and no accounting. When those signs keep going, it’s time to ask questions in writing.

Florida calls the person in charge the personal representative (often called an executor). Under § 731.201, beneficiaries are heirs at law in an intestate estate or devisees in a testate estate. The personal representative is treated as an interested person in proceedings affecting the estate.

The firm advises and represents trustees, personal representatives and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm itself does not serve as a fiduciary.

What Florida Law Requires a Personal Representative to Do

A personal representative must act as a fiduciary and settle the estate efficiently. The law holds that work to the standards that apply to trustees.

Under § 733.602, a personal representative is a fiduciary who must observe the standards of care applicable to trustees. The statute also requires settling and distributing the estate as expeditiously and efficiently as is consistent with the best interests of the estate.

The current text of § 733.603 is direct. A personal representative shall proceed expeditiously with settling and distributing the estate. Fla. Stat. § 733.603 reads: “A personal representative shall proceed expeditiously with the settlement and distribution of a decedent’s estate and, except as otherwise specified by this code or ordered by the court, shall do so without adjudication, order, or direction of the court.” Except as the code or a court order provides, that work happens without a court order. Fla. Stat. § 733.603 reads: “A personal representative shall proceed expeditiously with the settlement and distribution of a decedent’s estate and, except as otherwise specified by this code or ordered by the court, shall do so without adjudication, order, or direction of the court.” The personal representative may still ask the court to resolve questions about the estate.

Under § 733.609, the personal representative’s fiduciary duty is the same as a trustee’s. The personal representative is liable to interested persons for damage or loss from a breach of that duty. Holding estate assets without a reason runs against these duties.

Pay is set by statute too. Under § 733.617, a personal representative is entitled to a commission from estate assets for ordinary services, based on the estate’s compensable value. A personal representative may also give up all or part of it.

For the wider picture, see our trust litigation attorney page.

Start With a Written Request for Information

A dated, written request is the simplest first step. It builds a record you can point to later.

Ask for four things: the inventory, an accounting of money in and out, the status of creditor claims, and a timeline for closing. Under § 733.604, a personal representative must file a verified inventory unless one was already filed. The inventory lists each item with its estimated fair market value at the date of death.

You can also ask, in writing, how an inventory value was set. Under the same statute, on written request, a residuary beneficiary or heir in an intestate estate can get a written explanation of an inventory value, or a copy of an appraisal if one was obtained, for all inventoried assets; other beneficiaries can get this only for assets distributed or proposed to be distributed to them. The personal representative must tell each beneficiary about that right.

Keep copies of everything you send. Write down the date, the method, and any reply. If you suspect a property sale or transfer, say so in the same letter. That way the record shows you raised it early. For more on this step, read how to demand an inventory from a personal representative.

Notice of Administration and Your Objection Rights

That notice starts a deadline you need to track.

Under § 733.212, as amended in 2024, the personal representative shall promptly serve the notice on known persons. The list includes the decedent’s surviving spouse, beneficiaries, and people who may be entitled to exempt property.

After service, an interested person who wants to challenge the will’s validity, the venue, or the court’s jurisdiction must file an objection by the deadline, which is 3 months after service of the notice of administration on that person. Otherwise, those objections are forever barred. The statute allows an extension only for estoppel based on a misstatement by the personal representative about that deadline.

Calendar the date you received the notice. Keep proof of receipt, such as the envelope, the email, or a signed return receipt. Missing this deadline can limit your options later, and how the deadline applies depends on the facts.

Court Options When the Personal Representative Still Does Not Act

If the personal representative still won’t act, the probate court has tools. It can order an accounting, remove the personal representative for listed reasons, or hold the personal representative liable for loss from a breach.

Accounting comes first. When a required accounting is not filed, Fla. Prob. R. 5.150 lets the court act on its own or on an interested person’s petition. The court orders the accounting filed within 15 days from service of the order, or the personal representative must show cause why not.

Removal is also possible. Under § 733.504, a personal representative may be removed and the letters revoked for listed causes. Those include failure to comply with a court order, failure to account for the sale of property or produce estate assets when required, and wasting or maladministration of the estate.

Liability is the last route. Under § 733.609, a personal representative is liable to interested persons for loss from a breach of duty. In all actions for breach of fiduciary duty or challenging the exercise of or failure to exercise a personal representative’s powers, the court shall award taxable costs as in chancery actions, including attorney’s fees. Under § 733.619, a personal representative is individually liable for obligations from ownership or control of the estate or for torts in administration only if personally at fault; on contracts, personal liability generally does not arise unless the representative fails to reveal the representative capacity and identify the estate in the contract, and contracts for attorney’s fees are an exception.

Two examples show how these issues arise. Read about a house sold without telling heirs and funds taken before death. Outcomes depend on the court and the evidence, and no result can be promised.

What Closing an Estate Involves and Why It Takes Time

Closing an estate means resolving valid claims, accounting for the estate, distributing what remains, and getting a final discharge. Each step has its own rules.

Creditor claims come first. Under § 733.702, if not barred by s. 733.710, a claim against the estate that arose before the decedent’s death is not binding on the estate, the personal representative, or any beneficiary unless it is filed in the probate proceeding on or before the later of 3 months after the time of the first publication of the notice to creditors or, for a creditor required to be served with a copy of that notice, 30 days after the date of service on that creditor. Under Fla. Stat. § 733.702, unless barred by s. 733.710, a claim against the decedent’s estate that arose before death is not binding on the estate, the personal representative, or any beneficiary unless it is filed in the probate proceeding on or before the later of 3 months after the first publication of the notice to creditors or, for a creditor required to be served with a copy of that notice, 30 days after the date of service on that creditor. Fla. Stat. § 733.702 reads: “If not barred by s. 733.710, no claim or demand against the decedent’s estate that arose before the death of the decedent, including claims of the state and any of its political subdivisions, even if the claims are unmatured, contingent, or unliquidated; no claim for funeral or burial expenses; no claim for personal property in the possession of the personal representative; and no claim for damages, including, but not limited to.”

Discharge is the final step.

That bar is why you should review the accounting before a discharge is entered. Timing varies with each estate. Ask for a list of named open items. A list helps you tell normal delay, such as waiting on a tax filing, from no answer at all.

Records to Gather Before You Speak With a Lawyer

Gather these records before you call a lawyer. A clear file lets counsel review the facts faster.

• The will, if there is one
• The death certificate
• Letters of administration, if they were issued
• Every letter, email and text to or from the personal representative
• Estate account statements you can obtain
• Property records or sale papers for any estate real estate
• A dated log of each request and each response

The will and letters show who has authority. The log shows what was asked and when. Missing items are normal. Mark which ones you have and which you don’t, and bring the log even if it’s short.

Sometimes a matter fits better with another lawyer or firm. If that is true in your case, we will tell you.

Take the Next Step With Trust Counsel, PL

Waiting on someone else’s estate is hard, especially while you’re grieving a parent or relative. Maybe the letters go unanswered, or the accounting never arrives. You may be acting for a family member who lives out of state. You don’t have to sort out these statutes alone.

If unanswered letters or a missing accounting have you stuck, talk with Leslie V. Marenco about the facts. You can schedule online, call (305) 707-7126, or book a free strategy call. The first consultation is free, confidential, and carries no obligation to continue. Leslie V. Marenco is responsible for this page. The firm’s only office is in Coral Gables, Florida, and we serve clients in Florida.