[FL] Heir rights when executor won’t transfer property
How can I get my inherited condo transferred if the personal representative has been refusing to do so for over 5 years?
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At the heart of this matter is the personal representative’s fiduciary duty to administer the estate fairly, efficiently, and in accordance with the decedent’s will — or, if there is no will, under Florida’s intestate succession laws. This duty is clearly established under Florida Statutes § 733.602(1), which requires a personal representative (PR) to “settle and distribute the estate in accordance with the terms of the will and this code as expeditiously and efficiently as is consistent with the best interests of the estate.”
The fact that the PR has failed to transfer the condominium to you after more than five years raises serious concerns regarding their compliance with that fiduciary obligation — particularly since you’ve indicated there are no outstanding estate debts beyond the PR’s own requested compensation. Extended delays of this nature can constitute mismanagement or neglect of duty, potentially justifying court intervention under Fla. Stat. § 733.504, which allows for removal of a personal representative for cause, including failure to perform duties, maladministration, or acting contrary to the interests of beneficiaries.
The situation is further aggravated by the pending foreclosure due to unpaid HOA fees. Allowing the estate’s real property to deteriorate or become subject to foreclosure could be deemed a breach of the PR’s duty to preserve estate assets, as required by Fla. Stat. § 733.608, which grants the PR authority — and responsibility — to protect and manage property during administration.
It’s also concerning that the court has not yet ruled on your Motion for Summary Judgment regarding the condo and has declined to hold an emergency hearing to stay the foreclosure. Given that the judge previously suggested the PR could secure their fees by placing a lien on the property rather than selling it, any attempt by the PR to proceed with a sale may be inconsistent with both the court’s prior guidance and their fiduciary obligations.
Although limited resources make retaining full-time counsel difficult, there are still important procedural steps you can take:
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File a Motion to Compel Transfer of Property — Cite Fla. Stat. § 733.602 and the will’s provisions, emphasizing the lack of outstanding debts and the urgent risk of foreclosure.
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Reference the Judge’s Prior Guidance — Note that the court had suggested a lien as an alternative to sale, which supports your argument that liquidation is unnecessary and inappropriate.
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Request a Firm Court Deadline — Ask the court to impose a specific timeframe for the PR to complete the transfer, consistent with their duty to administer the estate “as expeditiously as is consistent with the best interests of those concerned.”
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Refile an Emergency Motion to Stay Foreclosure — Highlight the imminent and irreparable harm that would occur if the property is foreclosed, since such a loss would permanently deprive the estate (and you) of its value.
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Demonstrate Good Faith — If feasible, offer to pay or advance the overdue HOA fees to show that you are acting to preserve the estate’s assets in accordance with Fla. Stat. § 733.608(1).
If the PR continues to act in bad faith or contrary to court direction, you may also consider filing a Petition to Remove the Personal Representative under § 733.504, documenting the prolonged delays, mismanagement, and risk to estate property.
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How can I get my inherited condo transferred if the personal representative has been refusing to do so for over 5 years?
I have filed motions and petitions to do so, but he blocks me with tactics. Now it’s in foreclosure for late HOA fees, and the judge refuses to grant an emergency hearing to stay the foreclosure action.
Lexi, Chatbot
I'm sorry to hear about the challenges you're facing with transferring your inherited condo. Have you consulted with a real estate lawyer about this situation?
Several, with no help, because I don’t have $10k or more to retain someone for help.
Lexi, Chatbot
Have you gathered all the relevant documentation related to the inheritance and the legal proceedings you’ve initiated so far?
Yes.
Lexi, Chatbot
Is there anything else the real estate lawyer should know before i connect you? rest assured they’ll be able to help with your inheritance transfer issue.
Yes.
Jon
Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.
I know legal matters can feel overwhelming, but you're in good hands. I’ll do my best to make things clear and provide you with the guidance you need. Let’s work together to find the right solution for your situation.
What state is the condo located in?
Florida.
Jon
And the personal representative refuses? There is no court order forcing him or her to comply?
No court order.
Jon
Understood! I think I have all the information I need, but is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.
I did file a Motion for Summary Judgment (MSJ) on February 19, 2024.
There was a hearing March 28, 2024. I asked the judge if he would ask them to transfer the condo.
He asked if there were debts. I said no. He then replied “no” with no legal reason why.
Then the PR says, “We need to sell it for our fees.” The judge replied, “You will not do that either. If she owes anything, you will put a lien on it.”
The MSJ was about two things — one, an art collection; and second, the transfer of the condo.
Jon
Got it. I just need a few minutes to finish typing out a complete response for you. It won’t take long.
No ruling was made on the MSJ because the judge wanted us to try and settle in regard to the art collection.
No one had any objections filed, and no response regarding the condo in my MSJ — and the entire MSJ itself. It’s now been over a year.
Jon
Understood, just give me a few minutes to type a reply for you.
Ok.
FYI — it was his homestead when he passed away. He had no spouse, no minor child, and the will says anything specifically devised in the will cannot be sold to satisfy expenses.
I am a friend of the decedent. I tried to file a petition to determine homestead, but the PR blocked this as well by sending me a sanction to remove it — so I did.
Jon
At the heart of this matter is the personal representative’s fiduciary duty to administer the estate fairly, efficiently, and in accordance with the decedent’s will — or, if there is no will, under Florida’s intestate succession laws. This duty is clearly established under Florida Statutes § 733.602(1), which requires a personal representative (PR) to “settle and distribute the estate in accordance with the terms of the will and this code as expeditiously and efficiently as is consistent with the best interests of the estate.”
The fact that the PR has failed to transfer the condominium to you after more than five years raises serious concerns regarding their compliance with that fiduciary obligation — particularly since you’ve indicated there are no outstanding estate debts beyond the PR’s own requested compensation. Extended delays of this nature can constitute mismanagement or neglect of duty, potentially justifying court intervention under Fla. Stat. § 733.504, which allows for removal of a personal representative for cause, including failure to perform duties, maladministration, or acting contrary to the interests of beneficiaries.
The situation is further aggravated by the pending foreclosure due to unpaid HOA fees. Allowing the estate’s real property to deteriorate or become subject to foreclosure could be deemed a breach of the PR’s duty to preserve estate assets, as required by Fla. Stat. § 733.608, which grants the PR authority — and responsibility — to protect and manage property during administration.
It’s also concerning that the court has not yet ruled on your Motion for Summary Judgment regarding the condo and has declined to hold an emergency hearing to stay the foreclosure. Given that the judge previously suggested the PR could secure their fees by placing a lien on the property rather than selling it, any attempt by the PR to proceed with a sale may be inconsistent with both the court’s prior guidance and their fiduciary obligations.
Although limited resources make retaining full-time counsel difficult, there are still important procedural steps you can take:
-
File a Motion to Compel Transfer of Property — Cite Fla. Stat. § 733.602 and the will’s provisions, emphasizing the lack of outstanding debts and the urgent risk of foreclosure.
-
Reference the Judge’s Prior Guidance — Note that the court had suggested a lien as an alternative to sale, which supports your argument that liquidation is unnecessary and inappropriate.
-
Request a Firm Court Deadline — Ask the court to impose a specific timeframe for the PR to complete the transfer, consistent with their duty to administer the estate “as expeditiously as is consistent with the best interests of those concerned.”
-
Refile an Emergency Motion to Stay Foreclosure — Highlight the imminent and irreparable harm that would occur if the property is foreclosed, since such a loss would permanently deprive the estate (and you) of its value.
-
Demonstrate Good Faith — If feasible, offer to pay or advance the overdue HOA fees to show that you are acting to preserve the estate’s assets in accordance with Fla. Stat. § 733.608(1).
If the PR continues to act in bad faith or contrary to court direction, you may also consider filing a Petition to Remove the Personal Representative under § 733.504, documenting the prolonged delays, mismanagement, and risk to estate property.
Jon
You might also consider filing a petition to remove the PR.
Under Florida Statute §733.504, valid reasons for removal include misconduct or failure to perform duties.
Letting the condo fall into foreclosure, ignoring the judge’s statements, and delaying for years could fall into those categories.
If the PR is removed, a new one will be appointed and required to carry out the transfer properly.
If the PR continues threatening to sell the condo against the court’s direction, you could also seek an injunction to stop it.
If cost is a barrier, reach out to Legal Aid programs (Palm Beach, Broward, or Miami-Dade counties). The Florida Bar also runs pro bono programs through the Real Property, Probate, and Trust Law Section.
Some law schools have clinics that may help, and you can also ask about limited-scope representation — paying only for certain filings.
If you represent yourself, be detailed and organized:
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Gather all documentation — will, foreclosure notices, filings, emails, and letters showing the PR’s refusal.
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Try to get the transcript from the March 28, 2024 hearing where the judge said the PR shouldn’t sell the condo.
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In court filings, emphasize that the PR’s actions are causing immediate, irreversible harm.
Request specific relief: immediate transfer of the condo, halt to foreclosure, removal of the PR, full accounting, and sanctions if appropriate.
I filed a petition to remove him. We had a hearing in October 2024. The judge said not enough evidence.
The evidence was emails and letters showing misconduct. I feel the judge is biased toward me because of his actions.
I have filed ex parte emergency hearings twice this year to avoid foreclosure, and the judge denied my requests.
I did file an accounting, and a hearing was set but was canceled by my attorney — without asking me — after doing things pro se.
Jon
Your situation is dire: the PR won’t transfer your condo, it’s in foreclosure, and the judge denied your removal petition and emergency hearings, leading you to suspect bias.
You need to push harder on the condo transfer, explicitly linking the PR’s inaction to the foreclosure, and consider formally challenging the judge’s impartiality.
Despite financial hurdles, keep seeking legal aid.
I am in talks with Legal Aid, but so far the attorney they sent doesn’t seem able to answer all my questions, so they’re sending another person on Tuesday.
Jon
I understand. Unfortunately, that’s about all I can do here; we can only answer general questions.
I was considering contacting the judicial committee about this judge. I have the transcript, but many things are missing — so I have the audio, though it’s not clear.
Can you answer questions about homestead?
Jon
Contacting the Florida Judicial Qualifications Commission (JQC) is an option if you believe a judge has engaged in misconduct.
The JQC is the independent state agency in Florida responsible for investigating allegations of judicial misconduct or disability.
I can only answer one question per post; I'd be happy to help with any new questions you may have, or those on different topics.
Simply post your questions on a new and separate page, and I'll be glad to assist.
But I do hope the information I provided was helpful and addressed your question.
If there's anything else you need, please don't hesitate to reach out — I’m always happy to assist.
Wishing you a fantastic day ahead!
Is it possible I can get the condo transferred in civil court?
Jon
The judge can order that.
Ok, thank you.
Jon
Very welcome — glad I was able to help!
Jon
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