Sophia Maestrales v. Peter Maestrales, 4D2024-1879

After their father's death, Sophia Maestrales (Daughter) was appointed personal representative (PR) of his estate per the will.
The will was submitted to probate and Daughter received letters of administration.
Years later, Estranged Daughter petitioned to partially revoke the will, and Peter Maestrales (Son) petitioned to remove Daughter as PR.
A hearing on Estranged Daughter's petition was held despite her prior dismissal; Daughter and her attorney did not appear.
The probate court, sua sponte, removed Daughter as PR and revoked her letters of administration without notice or a hearing.
Daughter appealed her removal based on lack of due process.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Removal of PR without notice or hearing	Removal deprived Daughter of due process	No appearance = voluntary choice	Removal was a fundamental due process error; decision reversed

Boyles v. Jimenez, 330 So. 3d 953 (Fla. 4th DCA 2021) (appellate review of PR removal for abuse of discretion)
Huerta v. Grajales, 357 So. 3d 153 (Fla. 4th DCA 2023) (due process compliance is reviewed de novo)
Palm Beach County v. Wilson, 386 So. 3d 937 (Fla. 4th DCA 2024) (lack of due process is fundamental error)
Blechman v. Dely, 138 So. 3d 1110 (Fla. 4th DCA 2014) (removal of PR without notice/hearing violates due process)
Fromvald v. Wolfe, 760 So. 2d 1020 (Fla. 4th DCA 2000) (lack of prior notice voids removal of PR)