Understanding Probate Attorney Fees in Florida

Florida does not set one price for a probate lawyer. The law says an attorney for a personal representative is entitled to reasonable compensation paid from the estate’s assets. Under Fla. Stat. § 733.6171, attorneys for personal representatives are entitled to reasonable compensation payable from the estate assets without court order, except as provided in paragraph (2)(d), which states that if the attorney does not make the disclosures required by that section, the attorney may not be paid for legal services without prior court approval of the fees or the written consent of all interested parties. This page explains how the rules work, so you can ask the right questions before you sign anything.

How much do lawyers cost for probate in Florida?

The answer depends on the size of the estate, the work involved, and how the fee is agreed. Florida’s main statute measures ordinary attorney fees against the value of the estate, and it lets the parties agree on a different method.

Under Fla. Stat. § 733.6171, attorneys for personal representatives are entitled to reasonable compensation payable from the estate assets without court order. That is the starting point for most probate fee questions.

Who pays the attorney in a Florida probate case?

The estate usually pays the personal representative’s attorney from estate assets. Florida law says any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate, under Fla. Stat. § 733.106.

The personal representative (often called an executor) is the person who manages the estate. Florida’s law refers to this role as the personal representative, so that is the term used here.

How does Florida measure reasonable probate attorney fees?

In a formal estate administration, Florida presumes ordinary attorney fees to be reasonable when they are based on the estate’s compensable value. That value is the inventory value of the probate assets plus income the estate earns during administration, under Fla. Stat. § 733.6171.

For ordinary services in a formal estate administration, the statute presumes a fee is reasonable if it follows its schedule. Larger estates follow the rest of the schedule in that same statute.

The default method can be replaced

The statute’s method is not the only option. The attorney, the personal representative, and the people who bear the cost may agree to a different method. A different method can also apply if it is disclosed to those people and no objection is made under the Florida Probate Rules, per Fla. Stat. § 733.6171.

Ask for the fee method in writing before you agree to it. The statute’s own wording makes disclosure part of the rule.

What drives the fee up or down

The statute lists factors that affect the fee.

Under the statute, compensable value is measured by the inventory value of the probate estate assets and the income the estate earns during administration. On petition of any interested person, the court may increase or decrease the compensation for ordinary services of the attorney, and in doing so it must consider all of the factors listed in § 733.6171(5), giving weight to each as it determines to be appropriate, including any other relevant factors. A lawyer can explain how they apply to your estate.

How do fees work when a trust is involved?

An attorney who serves a trust may be paid reasonable compensation from the trust. Under Fla. Stat. § 736.1005, the attorney may ask the court for a fee order after notice to the trustee and to the beneficiaries entitled to an accounting.

Except when a trustee’s interest may be adverse in a particular matter, the attorney must also give the trustee reasonable written notice of the attorney’s retention by an interested person. A court may reduce a fee for work done before the trustee received actual notice, if the actual notice date is later than a date of reasonable notice, per Fla. Stat. § 736.1005.

When can a court make someone pay the fees?

In some disputes, the court can decide who pays. In a probate case, the court may assess costs and attorney fees against a person’s part of the estate, based on factors such as the strength of that person’s claims and whether that person unjustly increased the costs, per Fla. Stat. § 733.106.

The court does not need a finding of bad faith to make that assessment, according to the same statute.

How is a fee challenged in court?

A fee can be reviewed by the court. The court may review whether hiring a person was proper and whether the pay was reasonable, under Fla. Stat. § 733.6175.

The burden of proof is on the personal representative and the person employed. Fla. Stat. § 733.6175 reads: “(2) Court proceedings to determine reasonable compensation of the personal representative or any person employed by the personal representative, if required, are a part of the estate administration process, and the costs, including attorneys’ fees, of the person assuming the burden of proof of propriety of the employment and reasonableness of the compensation shall be determined by the court and paid from the assets of the estate unless the court finds the requested compensation to be substantially unreasonable.” Any person who is determined to have received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds, under Fla. Stat. § 733.6175. A petition for review must be filed with the court and served on all interested persons, under Florida Probate Rule 5.355.

For trusts, the trustee and the person employed by the trustee carry the burden of proof on the propriety of hiring and the reasonableness of compensation, per Fla. Stat. § 736.0206.

What do fee terms like retainer and flat fee mean?

A retainer is money paid to a lawyer to secure the lawyer’s future availability. A flat fee is money paid for all legal services in the matter, according to Rules Regulating The Florida Bar, Rule 4-1.5.

An advance fee is money the lawyer bills against as work is done. Rule 4-1.5 also bars a lawyer from charging a clearly excessive fee. A contingent fee must be in a written contract signed by the client and the lawyer, under the same rule.

Fees for estate tax work in probate

Preparing the estate’s federal estate tax return is one of the extraordinary services for which a probate attorney may be paid, and Fla. Stat. § 733.6171 presumes reasonable a charge of one-half of 1 percent of the gross estate value up to $10 million, as finally determined for federal estate tax purposes, when the attorney prepares the return.

Fla. Stat. § 733.6171 provides that, in addition to fees for ordinary services, the attorney for the personal representative shall be allowed further reasonable compensation for any extraordinary service; the statute lists tax advice on postmortem tax planning, review of the estate tax return, and preparation or review of other tax returns required to be filed by the personal representative among the services that may qualify.

Frequently asked questions

Who we are and where we work

Trust Counsel, PL is a Florida trusts and estates law firm. Its only office is in Coral Gables. We serve clients in Fort Lauderdale, Boca Raton and West Palm Beach.

A Trust Counsel attorney can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries. Leslie V. Marenco is the attorney responsible for this page.

If you’re sorting through a loved one’s estate and the fees feel unclear, you don’t have to work out the rules alone. Call (305) 707-7126 or schedule through our contact page. Our free first consultation is confidential and carries no obligation to continue.