Personal Representative Fees in Florida Probate: What the Statute Says

Serving as a personal representative in Florida probate is a serious responsibility. The role often involves months of work, legal deadlines, creditor issues, beneficiary communication, asset management, and court filings. Because of these responsibilities, Florida law allows compensation for ordinary services. Understanding Personal Representative Fees Florida helps beneficiaries and estate administrators know what to expect.

Under Florida Statutes §733.617, a personal representative is entitled to a commission paid from estate assets for ordinary services. The commission is based on the compensable value of the estate, which generally includes the inventory value of probate assets plus income earned during administration.

Florida Statutory Fee Schedule

Florida law presumes the following compensation to be reasonable in formal administration:

• 3% of the first $1 million
• 2.5% of amounts above $1 million and up to $5 million
• 2% of amounts above $5 million and up to $10 million
• 1.5% of amounts above $10 million

For example, if the compensable probate estate is valued at $500,000, the presumed personal representative fee would generally be $15,000.

What Services Are Covered?

Ordinary services may include:

• Identifying and securing estate assets
• Communicating with beneficiaries
• Publishing notice to creditors
• Reviewing claims
• Paying estate expenses
• Preparing inventories and accountings
• Distributing assets

These duties can be time-consuming, especially when beneficiaries disagree or assets are difficult to locate.

Extraordinary Fees

In addition to ordinary compensation, a personal representative may receive further reasonable compensation for extraordinary services. Florida law lists examples such as selling real or personal property, conducting litigation, handling tax matters, carrying on the decedent’s business, and dealing with protected homestead.

This means fees may be higher in estates involving disputes, real estate sales, business operations, tax problems, or probate litigation.

Can Fees Be Challenged?

Yes. Interested persons may petition the court to increase or decrease compensation if the facts justify it. Courts may consider factors such as promptness, efficiency, responsibility assumed, benefit or detriment to the estate, and the nature of the assets involved.

Beneficiaries may challenge fees if they believe the personal representative delayed the case, mismanaged assets, failed to communicate, or charged excessive compensation.

What If the Will Says Something Different?

A will may include specific compensation terms for the personal representative. In some situations, the personal representative may follow those terms or may renounce them and receive statutory compensation, depending on the wording and applicable law.

Final Thoughts

Personal Representative Fees Florida are designed to fairly compensate the person responsible for administering the estate. However, fees should reflect the work performed, the estate’s complexity, and the representative’s compliance with fiduciary duties.

📞 Have questions about personal representative compensation in Florida probate? Contact our probate attorneys today for guidance.