What to Do If an Executor Isn’t Doing Their Job: Rights of Heirs in Florida Probate

Serving as an executor (or personal representative) in Florida isn’t just an honorary title — it comes with serious legal responsibilities. Executors must protect the estate, pay valid debts, and distribute inheritances fairly. But what if they don’t? Many heirs find themselves frustrated, anxious, or outright suspicious when the executor seems to be dragging their feet, hiding information, or mishandling money. Here’s what Florida heirs need to know about their rights, red flags to watch for, and what steps to take if things aren’t adding up.

⚖️ What Florida Law Expects of Executors

Florida probate law holds personal representatives to a high standard:

• ✅ Act in the best interest of all heirs and beneficiaries: Executors must be impartial — they can’t favor themselves or one heir over another.
• ✅ Keep accurate records and provide accountings: They’re required to track every dollar coming in and out of the estate and share this information if requested by heirs or ordered by the court.
• ✅ Pay debts before making distributions: Executors can’t start handing out inheritances until creditors and taxes are properly settled.

If an executor fails these duties, they could be removed — or even held personally liable for losses to the estate.

🚩 Red Flags That an Executor Isn’t Doing Their Job

It’s normal for probate to take several months (or even over a year if there are complications). But watch out for these warning signs that go beyond typical delays:

• ✅ Refusing to share information: Stonewalling when asked for updates or financial records is a major red flag.
• ✅ Questionable asset sales or personal withdrawals: Selling property for unusually low prices, or unexplained transfers from estate accounts.
• ✅ Letting property deteriorate or insurance lapse: Executors have a duty to protect assets — failing to maintain a home or keep it insured could reduce the estate’s value for all heirs.

If you see these issues, it’s time to take action.

📝 What Heirs Can Do Under Florida Law

As a beneficiary, you have the right to expect transparency and fair handling of the estate. Here’s how to protect yourself if you suspect problems:

• ✅ Formally request an accounting: Florida law allows heirs to demand a full financial report. This can include bank statements, lists of assets sold, and explanations of expenses paid.
• ✅ File a petition with the probate court: If the executor ignores reasonable requests, you can ask the judge to compel them to produce records or take action.
• ✅ Seek removal of the executor: In serious cases of neglect or misconduct, the court can remove and replace the executor to protect the estate.

These steps ensure the estate is managed correctly and your inheritance isn’t at risk due to someone else’s mistakes or dishonesty.

🤝 How Probate Advocates Helps Resolve These Situations

At Probate Advocates, we help families navigate these sensitive issues carefully. Often, misunderstandings come down to poor communication — not actual wrongdoing. We:

• ✅ Educate heirs on typical Florida timelines, so you know what’s normal and what’s truly concerning.
• ✅ Provide plain-English explanations of what’s happening in probate, reducing fear and suspicion.
• ✅ Connect you to experienced Florida probate attorneys if formal court action becomes necessary — keeping the process calm and professional.

Our goal is always to protect both the estate’s value and family relationships wherever possible.

🌱 Keeping the Process Fair Without Destroying Family Ties

No one wants a legal war with their siblings or other relatives. Often, simply understanding your rights and having a neutral third party explain the process can ease tensions and keep probate from becoming a battleground.

• ✅ Clear communication prevents assumptions and hurt feelings.
• ✅ Proper court filings protect your interests if an executor truly isn’t doing their job.
• ✅ Neutral support can preserve family ties so you all come out of probate with relationships intact.

If you’re worried the executor isn’t handling things right, don’t sit in silence. Get informed, protect your rights, and keep the estate (and your family) on track.

Get Help Protecting Your Rights in Florida Probate

Disclaimer: This content is for informational purposes only and does not replace legal or financial advice. Always consult a qualified Florida probate attorney for guidance on executor misconduct or heir rights.