Penalty for Stealing from an Estate in Florida

When a loved one passes away, trust becomes the foundation of the probate process. Beneficiaries trust that the personal representative will manage and distribute assets honestly. But what happens when that trust is broken? Stealing from an estate in Florida carries serious legal consequences, both criminal and civil, and courts take these violations seriously.

Whether you are a beneficiary who suspects something is wrong or a family member trying to understand your options, knowing how Florida law addresses estate theft can help you take informed action.

What Counts as Stealing from an Estate in Florida?

Estate theft includes misappropriating assets, forging documents, diverting funds, or abusing fiduciary authority over a decedent’s property.

Florida law recognizes several forms of estate theft. The most common involve a personal representative, trustee, or other fiduciary who misuses their position of authority. This can include:

Transferring estate assets into personal accounts
Selling property in violation of fiduciary duties, contrary to the terms of the will, or for personal benefit
Forging a will or altering estate documents
Withholding assets that rightfully belong to beneficiaries
Using undue influence to change a will or trust before death

Theft does not have to be dramatic or obvious. In many cases, it involves gradual financial exploitation, often carried out by someone the family trusted completely.

Criminal Penalties Under Florida Law

Florida treats estate theft as a crime, with penalties ranging from misdemeanors to felonies depending on the value of the stolen property.

Under Florida Statute Section 812.014, theft is classified by the value of the property taken. For estate-related theft, the criminal consequences scale accordingly:

Petit theft: Property valued under $750 can result in misdemeanor charges, punishable by up to one year in jail and a $1,000 fine.
Grand theft, third degree: Property valued between $750 and $20,000 may result in a felony charge carrying up to five years in prison and a $5,000 fine.
Grand theft, second degree: Theft of property valued between $20,000 and $100,000 is a second-degree felony, punishable by up to 15 years in prison.
Grand theft, first degree: Theft exceeding $100,000 is a first-degree felony carrying up to 30 years in prison.

These are Florida’s general theft thresholds under current law. Given that estates often include real property, investment accounts, and other high-value assets, grand theft charges are not unusual in these cases.

Forgery of a will or other estate document carries its own criminal exposure under Florida Statute Section 831.01, which classifies forgery as a third-degree felony.

Civil Liability for Estate Theft in Florida

Beyond criminal charges, a person who steals from an estate faces civil liability, including repayment of stolen assets, removal from their fiduciary role, and potential surcharge.

Florida’s probate courts have broad authority to address misconduct by a personal representative. Under Florida Statute Section 733.609, a personal representative is personally liable for losses caused to the estate through a breach of fiduciary duty. The court can order:

Surcharge: A financial penalty requiring the personal representative to personally compensate the estate for losses caused by their misconduct.
Removal: The court can remove the personal representative from their role entirely under Florida Statute Section 733.504.
Disgorgement: The personal representative may be required to return all improperly obtained assets.
Attorney’s fees: In appropriate cases, a court may order a breaching fiduciary to pay attorney’s fees and costs resulting from the misconduct.

Civil remedies and criminal charges are not mutually exclusive. A personal representative can face both at the same time, and frequently does when the misconduct is significant.

What Beneficiaries Can Do

Beneficiaries who suspect estate theft have legal tools available, including formal accountings, court petitions, and emergency motions to freeze assets.

If you believe a personal representative is mismanaging or stealing from an estate, Florida law gives you meaningful options. Florida Statute Section 733.504 allows interested parties to seek the removal of a personal representative for various causes, including wasting or mismanaging estate assets, failing to comply with court orders, failing to account for estate property, conflicts of interest, and other forms of misconduct.

Beneficiaries also have the right to demand a formal accounting of estate assets. If the personal representative refuses or provides incomplete records, that refusal itself can become evidence of misconduct in a probate proceeding.

In urgent situations, where estate assets are actively being dissipated or moved, the court may issue temporary injunctive relief to prevent further transfers or dissipation of assets when the circumstances justify emergency intervention.

Time matters in these situations. Florida’s probate process has structured deadlines, and delay can make it harder to recover assets that have already been moved.

How Bloodworth Law, PLLC Can Help

Probate disputes involving estate theft are among the most painful legal situations a family can face. The wrongdoing often comes from someone who was deeply trusted, and the financial harm compounds an already difficult time of grief.

At Bloodworth Law, PLLC, we handle probate litigation throughout the Orlando area and across Florida. We work with beneficiaries who have been harmed by a personal representative’s misconduct, and we know how to move quickly when estate assets are at risk. Our approach is straightforward: we assess the situation, explain your options clearly, and pursue the most effective course of action on your behalf.

If you believe someone has stolen from an estate, or if you have been wrongfully accused of doing so, we are here to help you understand where you stand. Contact us online or call us at 407-449-8958 to speak with our team.