The Short Answer

In Florida, if the person named in the will to serve as executor (called the personal representative) is physically or mentally unable to do the job, the probate court can remove them and appoint someone else. If the delay is putting estate property at risk, the court can also appoint a temporary fiduciary (a curator) to protect the estate until a qualified personal representative is in place.

What Florida Law Says

Florida probate is court-supervised. When the nominated personal representative cannot perform required duties—because of incapacity or other disqualifying issues—interested persons (like beneficiaries and certain creditors) can ask the court to intervene. The court’s focus is protecting the estate and moving administration forward.

The Statute

The primary law governing removal for incapacity is Fla. Stat. § 733.504.

This statute allows the court to remove a personal representative for causes including an adjudication of incapacity or a physical/mental condition that makes them incapable of discharging their duties, among other grounds.

Florida law also allows removal proceedings to be initiated by an interested person: Fla. Stat. § 733.506. And if there is no functioning personal representative, the court may appoint a curator to protect estate assets: Fla. Stat. § 733.501.

Why You Should Speak with an Attorney

Even though Florida statutes provide a path to remove or replace an incapacitated personal representative, getting the court to act (and doing it the right way) is fact-sensitive and can quickly become contentious. Legal outcomes often depend on:

• Strict Deadlines: Probate disputes and objections can trigger short response windows and formal-notice requirements; missing them can weaken your position or delay the case further.
• Burden of Proof: The court generally needs competent evidence of incapacity and proof that the delay is harming (or risks harming) the estate—especially if other family members dispute the allegations.
• Exceptions and Alternatives: Sometimes the right move is removal under § 733.504; other times it’s a temporary curator under § 733.501, or pushing for a successor appointment after removal (see § 733.5061). Choosing the wrong approach can waste time and money.

An attorney can evaluate who has standing as an “interested person,” what evidence will actually persuade the probate judge, and how to request court action without creating avoidable litigation risk.

If you want more background, see: Executor (Personal Representative) responsibilities in Florida probate and disputes over who should be appointed personal representative.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.