Background
Tamara McKeehan died in 2020 and named Olga Evgrafova as personal representative of her estate. The estate, worth more than $1 million, included cash accounts, personal property, and a New York co-op apartment. Father Kenneth Daniel McKenzie, the successor trustee and sole beneficiary, repeatedly sought orders compelling estate administration and objected to delays, expenses, and the handling of the apartment.
After the apartment sold in 2025, Evgrafova petitioned for statutory and extraordinary personal-representative compensation and for professional CPA fees. At the evidentiary hearing, the probate court excluded Evgrafova’s CPA expert because his firm had previously been paid by the estate, refused to let Evgrafova testify because she was an interested party, and denied both petitions without receiving evidence.
The Court’s Holding
The Third District reversed. A witness’s financial interest or perceived bias affects credibility and the weight of testimony; it does not make an otherwise qualified expert inadmissible. The probate court likewise could not bar Evgrafova’s testimony merely because she had an interest in the fee petitions.
The court also held that the probate court erred by denying compensation without considering evidence or making findings under section 733.617. Although compensation may be reduced or denied for mismanagement, that determination requires a completed evidentiary hearing and consideration of the statutory factors. The case was remanded for a new hearing on appropriate compensation.
Key Takeaways
- Perceived bias does not disqualify an otherwise qualified expert witness.
- A personal representative’s interest in compensation affects credibility, not competency to testify.
- Probate courts must hear evidence and apply section 733.617’s factors before reducing or denying personal-representative compensation.
Why It Matters
The decision reinforces that dissatisfaction with an estate’s administration does not permit a probate court to deny fee petitions without an evidentiary record. Personal representatives remain subject to fee reductions or denials for mismanagement, but they must receive notice and a meaningful opportunity to present evidence on the statutory compensation factors.