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Who is responsible if someone makes a mistake during the probate process?

On Behalf of | Jan 22, 2025 | Probate |

Navigating the probate process in Florida can be complex. Estates often include significant assets and complicated family dynamics. It is not uncommon for mistakes to happen during probate, leading to disputes and potential liability. But who is responsible when a mistake is made? In many cases, that burden rests with the personal representative.

When is the personal representative liable for a probate mistake?

The personal representative, formerly known as the executor, is responsible for guiding the estate through the probate process. This includes paying off the estate’s debts and distributing assets according to the will or intestacy laws. Given their significant responsibilities, it is wise for personal representatives to move forward carefully when fulfilling this role. Examples of mistakes that could trigger liability include:

  • Breach of fiduciary duty: Personal representatives owe a fiduciary duty to the beneficiaries and the estate. This duty requires them to act with honesty, loyalty, and in the best interests of the beneficiaries. Failure to uphold this duty, such as through self-dealing or negligence, can result in liability.
  • Failure to follow procedural requirements: Florida probate law outlines specific procedures and deadlines that personal representatives must follow. Failure to adhere to these requirements, such as failing to properly notify creditors or distribute assets on time, can expose the personal representative to legal action.

Breaches like those discussed above can lead to beneficiaries holding the personal representative personally liable for financial losses.

What should a beneficiary do if they believe there was a mistake?

When a personal representative makes a mistake, beneficiaries have legal avenues to seek recourse. Beneficiaries can petition the court to hold the personal representative personally liable for losses resulting from their mistakes. In cases of serious misconduct or incompetence, beneficiaries can request the court to remove the personal representative and appoint a successor.

These remedies provide a mechanism for holding personal representatives accountable and protecting the interests of beneficiaries during the probate process.

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