Contesting or Defending a Florida Probate Accounting
When an interested person believes a personal representative has committed waste, mismanaged estate assets, paid excessive fees, or breached their fiduciary duty, Florida law provides a formal objection procedure.
The Mandatory 30-Day Objection Deadline
Under Florida Probate Rule 5.401, objections to a final accounting or petition for discharge must be filed in writing within 30 days of formal service. If an interested person fails to file within this strict window, their objections are deemed permanently waived and the accounting is confirmed by default.
Grounds for Fiduciary Surcharge
Common grounds for seeking a surcharge against a personal representative include:
- Failure to collect and properly safeguard estate assets;
- Self-dealing or selling estate assets below market value without court approval;
- Payment of unauthorized or excessive personal representative commissions or attorney fees;
- Failure to timely file tax returns resulting in penalties and interest;
- Failure to account for all income and principal receipts under Rule 5.346.
In a surcharge proceeding, the probate court conducts an evidentiary hearing and may enter a personal money judgment against the personal representative requiring reimbursement to the estate.