The Short Answer

In Florida probate, you generally can seek to replace a long-delaying personal representative (executor) if you are an “interested person” and you can show legally recognized grounds for removal. Separately, changing the estate’s attorney is often possible, but it typically depends on who the attorney represents (usually the personal representative), and disputes about fees, conflicts, or delay can quickly become contested and court-driven.

What Florida Law Says

Florida probate courts have authority to remove a personal representative when specific statutory “cause” exists—such as failure to follow court orders, failure to account, maladministration, or conflicts of interest. A removal request is typically raised by an interested person through a court proceeding, and if removal is ordered, the court revokes the personal representative’s authority (their “letters”) and moves the estate forward with a successor fiduciary.

The Statute

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

This statute lists the recognized grounds to remove a personal representative, including (among other reasons) failure to comply with court orders, failure to account or produce estate assets when required, wasting or maladministration, and conflicts or adverse interests that may interfere with administration.

Procedurally, Florida law also allows removal proceedings to be started by the court or by an interested person: Fla. Stat. § 733.506. If the personal representative is removed, the court addresses who steps in next under Fla. Stat. § 733.5061.

Why You Should Speak with an Attorney

Even when an estate has been “stuck” for a long time, removing or replacing a personal representative (or forcing progress) is rarely simple. Outcomes often depend on:

• Strict Deadlines & Court Requirements: Removal is a court proceeding, and the court typically expects proper notice, evidence, and compliance with probate rules. If the personal representative resigns instead of being removed, resignation must be accepted by the court after notice to interested persons. See Fla. Stat. § 733.502.
• Burden of Proof: It’s not enough to feel frustrated—your petition generally must tie the delay or conduct to statutory “cause” (for example, failure to comply with orders, failure to account, maladministration, or a disqualifying conflict). See Fla. Stat. § 733.504.
• Exceptions & Strategic Risks: Some conflict allegations don’t qualify, and courts may be reluctant to remove a personal representative without a clear showing that the estate is endangered. Also, removal does not automatically wipe out liability—Florida law specifically states removal does not exonerate the personal representative or surety. See Fla. Stat. § 733.506.

On the attorney issue: in many Florida probates, the estate lawyer is counsel for the personal representative, not for each beneficiary. That means beneficiaries often cannot simply “fire” the lawyer—disputes usually have to be addressed through the probate court (for example, by challenging conduct, conflicts, or fees, or by seeking removal/resignation of the personal representative who controls counsel).

If the personal representative is removed, Florida law requires a final accounting and a transition of assets/records to the successor fiduciary, which can become contentious and time-sensitive. See Fla. Stat. § 733.508.

If you want more background on delay scenarios, you may find these helpful: checking probate status and dealing with executor delays and what can delay closing a Florida probate estate.

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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.