Detailed Answer
If a probate court removes your personal representative, Florida law recognizes your right to appeal to the District Court of Appeal. Removal orders fall under authority in Fla. Stat. § 733.507 (grounds for removal) and the related procedures in § 733.508. These statutes allow any interested person to petition for removal and define the grounds and process.
1. Grounds for Appeal
You can appeal if the court’s removal was based on legal error or lacked substantial evidence. Common grounds include:
- Improper notice to interested parties.
- Failure to apply the correct legal standard for misconduct.
- No clear evidence of dishonesty, incompetence, or conflict of interest.
2. Timeline and Filing Requirements
Under Fla. R. App. P. 9.110, you must file a Notice of Appeal within 30 days of the order’s rendition. File the Notice in the probate court clerk’s office and in the District Court of Appeal with jurisdiction.
3. Preparing the Record
Gather the probate court file, including pleadings, transcripts, and the removal order. Serve a designation of record and arrange for required transcripts within the deadlines set by the appellate rules.
4. Standard of Review
The appellate court reviews legal conclusions de novo and factual findings for substantial competent evidence. The court defers to the trial court’s factual determinations if supported by evidence.
5. Possible Outcomes
- Reversal of removal and reinstatement of the personal representative.
- Affirmation of the removal order.
- Remand for additional proceedings if the record proves incomplete or the court made procedural errors.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified Florida attorney to discuss your specific situation.
Helpful Hints
- Confirm the date the judge signed the removal order — it triggers the deadline to appeal.
- Check the District Court of Appeal’s local rules for filing instructions and fees.
- Consider a motion for rehearing in probate court before appealing; it may preserve issues and clarify the record.
- Document service of all filings on interested parties to avoid procedural challenges.
- Review Florida Probate Rules, Chapter 5, for detailed practice guidelines.