The Short Answer

Yes—under Florida probate law, a former executor (called a personal representative in Florida) can be held financially responsible for losses caused by a breach of fiduciary duty, including mishandling or misusing estate assets. Whether you can also sue the personal representative’s relative depends on what that relative did (for example, whether they received estate property improperly or participated in wrongdoing), and the available claims and deadlines can be unforgiving.

What Florida Law Says

In Florida, the personal representative is a fiduciary and must act in the best interests of the estate and the “interested persons” (such as beneficiaries and certain creditors). If the personal representative improperly uses their authority, fails to safeguard assets, self-deals, or otherwise breaches fiduciary duties, Florida law allows the court to hold them liable for the resulting damage or loss.

The Statute

The primary law governing this issue is Fla. Stat. § 733.609.

This statute establishes that a personal representative owes trustee-level fiduciary duties and is liable to interested persons for damage or loss resulting from a breach, and it also authorizes the court to award taxable costs (including attorney’s fees) in actions challenging the personal representative’s conduct.

Florida also addresses when a personal representative can face individual liability (as opposed to liability in their representative capacity) and recognizes proceedings such as an accounting or surcharge to determine responsibility. See Fla. Stat. § 733.619.

For deeper background, you may also find these helpful: What are a personal representative’s responsibilities in Florida? and How can I challenge an executor’s accounting and recover misappropriated funds?.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate-related claims can be time-sensitive, and some estate-related claims are cut off by hard deadlines tied to the date of death. For example, Florida has a 2-year limitations provision for many claims against estates. See Fla. Stat. § 733.710.
• Burden of Proof: You typically need financial records and a clear link between the misconduct (missing funds, improper transfers, undervalued sales, commingling, etc.) and the estate’s loss—often through an accounting and tracing of assets.
• Exceptions and “who to sue” issues: Suing a relative is not automatic. The analysis may involve whether the relative received estate assets, whether transfers were authorized, and what remedies are available in probate versus a separate civil action. Florida law also distinguishes between actions against the estate, actions against the personal representative in their fiduciary capacity, and actions seeking personal liability. See Fla. Stat. § 733.619.

Trying to handle this alone can lead to missed deadlines, incomplete evidence, or pursuing the wrong party in the wrong forum—any of which can reduce or eliminate recovery. A Florida probate attorney can evaluate the paper trail, identify the right legal theory (breach of fiduciary duty, surcharge/accounting issues, recovery of specific property, and related claims), and pursue relief efficiently.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

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.