Can a Personal Representative Be Held Personally Liable in Florida?

Yes. Under section 733.609, Florida Statutes, a Florida personal representative is a fiduciary “to the same extent as that of a trustee.” Any breach of fiduciary duty exposes the personal representative to personal liability — paid from personal funds, not estate assets — for the resulting loss. The standard is strict, the deadlines are unforgiving, and good intentions are not a defense. In Rich v. Narog, a Third District Court of Appeal decision, a personal representative was surcharged approximately $2.54 million for paying fifteen time-barred creditor claims. That money came out of the personal representative’s own pocket.

The reassurance on the other side: most personal representatives never face personal exposure, because most personal representatives never make the seven specific mistakes that produce it.

The Seven Recurring Sources of Personal Liability

1. Distributing Assets to the Wrong People

Paying a beneficiary who isn’t entitled to the share, or distributing in the wrong amount or order. The personal representative may have to make the rightful beneficiary whole — out of personal funds if the estate has been depleted.

2. Paying Creditors Out of Order

Florida’s eight-class priority order under section 733.707 is mandatory, not advisory. Pay a Class 8 credit card balance ahead of a Class 1 administrative cost, and the higher-priority creditor may pursue the personal representative personally for the difference.

3. Failing to Pay Estate Taxes

Distributing assets before satisfying federal estate or income tax obligations is one of the most common personal-liability traps. Under 31 U.S.C. § 3713(b), a personal representative who pays other claims before federal taxes can be held personally liable to the IRS for the unpaid amount up to the value of the distributed assets.

4. Self-Dealing

Buying estate property below market value. Lending estate funds to the personal representative or related parties. Paying excessive compensation. Florida courts unwind these transactions and order disgorgement of profits plus interest. Self-dealing is one of the few breaches that cannot be cured by an exculpatory clause in the will.

5. Negligent Loss of Estate Assets

Letting estate property go uninsured. Allowing securities to crater without action. Failing to secure cash in a dedicated estate account. Negligence — not just bad faith — meets the breach standard. Section 733.609 does not require malice; it requires breach.

6. Missing Statutory Deadlines

Florida probate runs on tight timelines: ten days to deposit the original will under § 732.901, thirty days to publish the Notice to Creditors, three months for the creditor claims window, federal tax filing deadlines. A missed deadline that costs the estate money is recoverable from the personal representative.

7. Continuing the Decedent’s Business Without Authority

Operating a business after death without express authority from the will or a court order. Operating losses can be charged personally to the personal representative who continued operations. Section 733.612(22) governs the limited circumstances in which continuation is permitted.

Available Remedies Against a Breaching Personal Representative

Section 733.609 authorizes the court to order:

• The actual loss the estate suffered
• Interest on the loss
• Any profit the personal representative made through the breach
• Attorney’s fees and costs incurred by beneficiaries forced to bring the action
• Removal under § 733.504
• Surcharge — reduction or forfeiture of the personal representative’s compensation

Co-personal representatives are jointly liable for joint decisions, which is why disagreements between co-PRs often have to be resolved by the court rather than worked out informally.

What the Will Cannot Excuse

A clause in the will purporting to exempt the personal representative from liability has limits. Florida courts will enforce reasonable exculpatory provisions — but they will not enforce a clause that purports to insulate a personal representative from liability for:

• Bad faith
• Reckless indifference to the purposes of the trust or the interests of beneficiaries
• Self-dealing
• Gross negligence

That last one catches people. A standard “I waive all liability” clause in a will does not cover careless mistakes that rise to the level of gross negligence — and most courts read this category broadly.

How to Use Court Approval as a Shield

This is the single best protection a personal representative has, and it’s underused. Under section 733.609 and case law interpreting it, a personal representative who acts under a properly entered court order is generally protected from later surcharge — even if the order turns out to have been wrong. The mechanic:

• File a petition with the probate court describing the proposed action (sale, settlement, distribution)
• Serve all interested persons
• Let the court enter an order
• Then act

This converts a potentially exposed action into a court-blessed one. For high-stakes decisions — selling a homestead, settling a six-figure claim, continuing a business — court approval is cheap insurance.

The Six-Step Personal Risk-Reduction Checklist

1. Hire probate counsel from the start. Attorney’s fees for the personal representative are a Class 1 administrative expense paid by the estate, not personal expense.
2. Open a dedicated estate bank account. Never commingle estate and personal funds — this single mistake produces a disproportionate share of removal petitions.
3. Document every decision. Notes, valuations, receipts, beneficiary communications. The court will want all of it if a dispute develops.
4. Get court approval before close calls. Selling real estate, settling claims, continuing a business — petition the court and let the judge bless the action.
5. Obtain receipts and releases at distribution. A signed receipt and release from each beneficiary closes most later claims. § 733.901 governs final distribution.
6. File the final accounting. Court approval of the final accounting is the closest thing to true closure a personal representative can get.

What to Do If Beneficiaries Are Threatening Litigation

Stop, document everything, and engage probate counsel immediately. Don’t argue with beneficiaries by text. Don’t pay anything contested. Most disputes settle once experienced counsel is involved — but only if the personal representative hasn’t already made the situation worse by responding informally or paying off the loudest beneficiary.

For the underlying duty framework, see our overview of Florida probate rules and our piece on the difference between a personal representative and an executor.

Frequently Asked Questions

Can a personal representative be removed? Yes. Section 733.504 authorizes removal for waste, mismanagement, conflict of interest, failure to follow court orders, and several other grounds. Removal is typically paired with a surcharge claim for damages already caused.

Does the estate pay for the personal representative’s defense? Generally yes, when defending against claims made in the personal representative’s official capacity. If the personal representative is found to have breached, however, the court can order those fees clawed back personally.

Are co-personal representatives jointly liable? Generally yes. Co-PRs are jointly responsible for joint decisions. A co-PR who disagreed with a particular action and documented the disagreement in writing has a stronger defense than one who went along quietly.

Does a fiduciary bond protect me? Partially. A bond pays the estate for a covered breach but the bonding company will then pursue the personal representative personally for reimbursement. The bond protects the estate, not you.

What if I just want to step down? You can resign — but only with court approval and only after accounting for actions already taken. Resignation does not shed prior liability.

Protect Yourself Before You Take a Single Action

Personal liability is the area of Florida probate where what you don’t know hurts you the most.

Before writing a check, signing a release, or distributing an asset, talk to a probate attorney. Vollrath Law represents personal representatives across Seminole County and Central Florida, and we know how to keep them protected. Reach out for a consultation.