What Does a Personal Representative Cost in Florida? Get Clear Answers First

How Much Does It Cost to Have an Executor in Florida?

How much does it cost to have an executor? In Florida there is no single price. The personal representative (often called an executor) may be paid from the estate, and the amount depends on the will, Florida law, and the facts of the estate.

This page explains how Florida’s starting point works, what a will or trust can change, and what to check before you agree to any fee. It is general information, not advice about your estate.

What an executor means under Florida law

In Florida, the role is called a personal representative. Fla. Stat. § 731.201 is the definitions section of the Florida Probate Code, and it uses that term. “Executor” is the word many people use for the same job, so this page uses “personal representative” and uses “executor” only as you would search for it.

A personal representative handles the estate of someone who has died. The duties depend on the governing will, applicable Florida law, and the facts of the estate. A duty listed on another website may not apply to your case.

Leslie V. Marenco can serve individually as trustee or personal representative, subject to the governing instrument and applicable Florida law. Leslie V. Marenco advises and represents trustees, personal representatives and beneficiaries, subject to the governing instrument and applicable Florida law. The firm itself does not serve as a fiduciary.

What Florida law says about personal representative compensation

Florida law lets a personal representative take a commission from estate assets for ordinary services. Fla. Stat. § 733.617 bases that commission on the estate’s “compensable value.” That value is the inventory value of the probate assets plus income the estate earned during administration.

The same statute presumes that a commission on that value is reasonable in a formal administration. It sets a graduated schedule of percentages based on value. This is a presumption, meaning a starting point. It does not mean every estate pays the same percentage.

A court can change the amount. On petition of any interested person, the court may increase or decrease compensation for ordinary services. It may also award compensation for extraordinary services, if the facts and circumstances warrant it. The statute says a court may consider factors such as promptness, efficiency and skill in the administration, depending on the facts of each case.

Whether a percentage fee is owed depends on the governing instrument, applicable law and the facts of each case. The statute allows payment without a court order, but the amount still depends on the facts of each estate.

Can a will or trust set or waive the fee?

A will may address pay, and its wording may control, depending on applicable Florida law and the facts of each case. If a will sets compensation by specific criteria, a personal representative may be entitled to compensation under that provision, depending on the will’s exact terms, any right to renounce, court review and the facts of each case. Fla. Stat. § 733.617 treats a general reference to commissions allowed by law differently from specific criteria.

The statute also lets a personal representative renounce the will’s compensation terms in some circumstances. A personal representative may also renounce all or part of the pay. Whether either option applies depends on the will’s wording, the statute’s limits, and the facts.

Trust terms work separately. Fla. Stat. § 736.0708 says that if a trust does not specify the trustee’s compensation, the trustee may be entitled to compensation that is reasonable under the circumstances, depending on the trust instrument, court review and the facts of each case. If the trust does specify it, the court may allow more or less in some listed situations. Do not assume the estate rule and the trust rule work the same way.

Read the exact wording of the document. Small differences in phrasing can change how the rules apply.

How professional fiduciary fees may be agreed

A professional trustee or personal representative may propose a fee arrangement, which may be put in writing before work begins, depending on the governing instrument, applicable law and the agreement of the parties. Whether that arrangement is proper depends on the governing instrument, applicable Florida law, and the facts of the estate.

A professional may bring administrative experience to the role. Subject to the governing instrument and applicable law, a family may weigh that experience when choosing a fiduciary. It is not an assured benefit, and it does not replace a careful review of the fee.

Florida law places a burden on the people who seek pay. Fla. Stat. § 733.6175 says the burden of proof of the propriety of employment and the reasonableness of compensation is on the personal representative and the person employed. A person found to have received excessive compensation may be ordered to make refunds. How that applies depends on the case.

Attorney fees and court costs in an estate

Attorney fees are agreed between the client and the attorney according to the scope of the work. This page does not list hourly rates, retainers, or flat fees.

Florida law allows attorneys for personal representatives to receive reasonable compensation from estate assets without court order. Fla. Stat. § 733.6171 makes this subject to its exceptions. An attorney who plans to use the statutory schedule must give the personal representative written disclosures. Those disclosures state that there is no mandatory statutory attorney fee for estate administration. They also state that the fee does not have to follow the estate’s size, and that the presumed fee may not fit every administration.

If a separate written agreement on compensation exists between the attorney and the decedent, the attorney must give the personal representative a copy before employment begins. This is also set out in § 733.6171.

Fla. Stat. § 733.106 allows an attorney who has rendered services to an estate to be awarded reasonable compensation from the estate, depending on applicable law and the facts of each case. The court has discretion over which part of the estate pays those costs. A personal representative required to give bond also pays the reasonable bond premium as an expense of administration, under Fla. Stat. § 733.406. Court filing charges and other third-party costs may also apply, depending on the court and the facts. Ask for a written list.

Ask for a written description of the scope of work. It should say what is included and what may be billed separately.

What affects the total cost of administering an estate

The size and complexity of an estate can change how much work it takes. Under Fla. Stat. § 733.6171, what counts as an extraordinary service may vary with the estate’s size and complexity. Extraordinary services may include involvement in a will contest, a contested claim, or other adversarial litigation by or against the estate.

Other facts may add work. Examples include real property, business interests, creditor claims, and disputes among beneficiaries. How much each factor affects cost depends on the governing instrument, applicable Florida law, and the facts of the case.

Federal tax rules are a separate issue. The IRS 2026 estate tax figures state a basic exclusion amount of $15,000,000 for 2026. That figure concerns federal transfer tax.

A beneficiary who questions a fee may ask the court to review it. Fla. Stat. § 733.6175 allows the court to review the propriety of employment and the reasonableness of compensation. What happens next depends on the document, the law, and the facts.

Questions to ask before accepting the role or a fee estimate

Each question below has an answer that depends on the governing document and Florida law.

Does the will or trust address compensation? It may set pay, set a method, or say nothing. Under § 733.617, a will with specific criteria may control compensation, and under § 736.0708, a trust that is silent on compensation may lead to reasonable compensation, depending on the governing instrument, applicable Florida law and the facts of each case.

Is the fee in writing? Written terms let you compare what was agreed with what the statute provides. Attorney disclosures and any separate fee agreement should also be reviewed under § 733.6171.

What work does the fee cover? The scope should be written down. Extraordinary services may be compensated separately, depending on the facts and the court.

Are court costs and third-party charges included? Ask which charges are separate. Bond premiums are an expense of administration for a personal representative required to give bond.

Will court approval be needed? That depends on the estate and the court. Any interested person may petition on compensation questions.

How will fees be reported to beneficiaries? Ask this in writing. The answer depends on the governing instrument and applicable Florida law.

Written answers make it easier to compare the agreement with the will, the trust, and the statute.

Where the firm practices and how to reach it

Trust Counsel, PL’s only office is in Coral Gables, Florida. We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne, and Aventura.

The firm focuses on probate and trust matters. That includes probate and trust litigation, trust administration, estate planning, estate tax planning, business succession planning, asset protection, and guardianship. Leslie V. Marenco may serve individually as a professional trustee or personal representative and advises on those roles, subject to the governing instrument and applicable Florida law.

Quick answers

How much does an executor get paid in Florida? Florida law sets a starting commission, but the amount depends on the will, the statute, and the estate’s facts.

Can a will say the personal representative serves for free? A will may address compensation. A personal representative may renounce all or part of pay, and whether that applies depends on the will and the facts.

Must an estate pay an attorney a set percentage? No. The statute says there is no mandatory statutory attorney fee for estate administration.

If you’ve been asked to serve as personal representative and can’t yet judge a fee estimate, you can talk it through with Leslie V. Marenco at (305) 707-7126 or schedule online.