Attorney fees are paid in connection with Florida probate, for administration and litigation purposes. Fees can be paid to the attorney for the personal representative, as well as attorneys for beneficiaries and litigants. Download the Complete Guide To Attorneys’ Fees In Florida Probate.
Florida law states that the attorney for the personal representative, for ordinary administration services, is entitled to compensation pursuant to Section 733.6171. Section 733.6171(3) states that a percentage of the value of the estate is presumed reasonable if calculated based on the percentage schedule:
Compensation for ordinary services of attorneys in formal estate administration is presumed to be reasonable if based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during the administration as provided in the following schedule:
(a) One thousand five hundred dollars for estates having a value of $40,000 or less.
(b) An additional $750 for estates having a value of more than $40,000 and not exceeding $70,000.
(c) An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000.
(d) For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000.
(e) At the rate of 2.5 percent for all above $1 million and not exceeding $3 million.
(f) At the rate of 2 percent for all above $3 million and not exceeding $5 million.
(g) At the rate of 1.5 percent for all above $5 million and not exceeding $10 million.
(h) At the rate of 1 percent for all above $10 million.
Florida Attorney Fee Calculator (Ordinary Services, Percentage Method, Section 733.6171)
Complete Guide to Attorney Fees in Florida Probate
Authority | How Fees Awarded | Awarded For | Source of Payment |
732.2151: Elective Share Proceedings | As in chancery | Dispute regarding:
|
|
732.805: Spousal Rights Procured by Fraud, Duress, Undue Influence
| As in chancery | All actions brought under section |
|
732.806: Gifts to Lawyers and other disqualified persons
| As in chancery | All actions brought under this section, BUT no fees against a party who, in good faith, initiates an action under this section to declare gift void |
|
733.106: Costs and attorneys fees[1]
| (1) In all probate proceedings, as in chancery | ||
(2) To named personal representative or will proponent if nominated personal representative does not act in reasonable time | Good faith justified offering will for probate even if probate denied or revoked | Estate (discretion to direct from what part, no bad faith finding required) | |
(3) Any attorney | Who has rendered services to an estate | Estate (discretion to direct from what part, no bad faith finding required) | |
733.1061: Fees and costs Will Reformation and Modification
| As in chancery (attorneys fees and guardian ad litem fees) | For a proceeding arising under 732.615 (Reformation to correct mistakes) or 732.616 (Modification to achieve testator’s tax objectives) |
|
733.3101: Personal representative not qualified
| Against personal representative personally | Failure to comply with section | Personal representative personally |
733.608(8): General Power of Personal Representative
| As in chancery | Any action for enforcement of debt described in section (Personal representative lien on homestead property) | Unclear, possibly same sources that personal representative can enforce payment of debt:
|
733.609: Improper exercise of Power; Breach of Fiduciary Duty[2]
| Chancery | All action for breach of fiduciary duty or challenging the exercise of or failure to exercise a personal representative’s powers |
|
733.6171: Compensation of Attorney for Personal Representative[3]
| To attorney for personal representative | Reasonable compensation for ordinary services. Fees computed on hourly basis or on percentage method. | Estate assets without court order |
To attorney for personal representative | Reasonable compensation for extraordinary services. Fees typically hourly for the following services:
| Estate assets, upon petition of any interested person | |
733.6175: Proceedings for Review of employment of agents and compensation of personal representative and employees of estate[4]
| As part of administration process | Proceedings to determine reasonable compensation of personal representative or any person employed by the personal representative | Estate assets (can direct from part of estate), unless substantially unreasonable |
733.705: Payment of and Objection to Claims
| Attorney for administrator ad litem | Defending estate in independent action after objection to creditor claim |
|
[1] Dayton v. Conger, 448 So.2d 609 (Fla. 3rd DCA 1984) (beneficiaries not personally liable for fees); In re Estate of Lewis, 442 So. 2d 290, (Fla. 4th DCA 1983) (includes services that are successful in simply effectuating the testamentary intention set forth in the will); In re Estate of Simon, 549 So. 2d 210 (Fla. 3d DCA 1989) (‘If the [attorney’s] services tend to break down, subtract from or dissipate the estate [the attorney] cannot be compensated from it.)
[2]Landon v. Isler, 681So. 2d 755 (Fla. 2d DCA 1996)( personal representative does not breach fiduciary duty by opposing a claim that later proves to be valid)
[3] Glantz v. Glantz, P.A. v. Chinchilla, 17 So. 3d 711 (Fla. 4th DCA 2009); Venis v. Greenspan, 833 So. 2d 208 (4th DCA 2002) (consideration of extraordinary fees).
[4] Geary v. Butzel Long PC, 13 So. 3d 149 (Fla. 4th DCA 2009)(discussion of review proceedings)
Download the Complete Guide To Attorneys’ Fees In Florida Probate.
