Florida Probate Fees

A personal representative may employ counsel to protect the estate, and to enable him/her to properly manage the estate. The personal representative can choose their own attorney, and is not required to select an attorney that he/she does not know, or have confidence in. It is important to note that the choice of an attorney cannot be dictated by the decedent in a Will. The direction in a Will is only a suggestion, and the personal representative may not be compelled to retain the attorney suggested in that Will.

The Florida Probate Code provides in Section 733.6171 what compensation for attorneys would be considered reasonable, and this is normally the fee charged in the State of Florida; however, more or less can be charged if the attorney and all of the beneficiaries are in agreement to the fee. Florida probate attorney's fees are described in detail, under our Florida probate attorney fees section.

Another type of fee that is present in estates is the personal representative's fee. This fee is also determined pursuant to Florida Statute, Statute 733.617, Compensation of personal representative. This statute states that the personal representative shall also be compensated from the estate assets for their ordinary services, without the need of a court order. In part, this Statute states as follows:

1. A commission computed on the compensable value of the estate is presumed to be reasonable compensation for a personal representative in formal administration as follows:
• At the rate of 3 percent for the first $1 million
• At the rate of 2.5 percent for all above $1 million and not exceeding $5 million
• At the rate of 2 percent for all above $5 million and not exceeding $10 Million
2. In addition to the previously described commission, a personal representative shall be allowed further compensation as is reasonable for any extraordinary services including, but not limited to:
• The sale of real or personal property
• The conduct of litigation on behalf of or against the estate
• Involvement in proceedings for the adjustment or payment of any taxes
• The carrying on of the decedents business
• Dealing with protected homestead
• Any other special services which may be necessary for the personal representative to perform.

Lastly, in some probate situations, the estate may be required to pay accounting fees. There are some services that an attorney is not capable of completing alone, such as taxes, and some of the more complicated estate's Inventory of assets.

It is very important that you retain a Florida probate attorney to help you in probating your loved one's estate, if they were domiciled in the state of Florida at their date of death, or whether they owned real property (real estate) in Florida. The Florida probate procedure is very complicated and presents many traps for the unwary or the inexperienced. Don't fall into that trap; it could cost you more in the long run, than any of the required probate fees.