What should a will and trust cost in Florida? Here is how the fees are set.

By Leslie V. Marenco, Trust Counsel, PL, Coral Gables, Florida

Florida does not set a mandatory attorney fee for trust administration. Lawyer fees are negotiated, and they must be reasonable. Other costs, such as pay for a trustee or personal representative and court costs, follow their own rules.

Does Florida set a fixed fee for trust and estate work?

No. Florida law sets no mandatory fee for trust administration. Florida Statutes § 736.1007 says the fee is not required to be based on the size of the trust. The fee is subject to negotiation between the trustee and the attorney.

For estates, Florida Statutes § 733.6171 says attorneys for a personal representative are entitled to reasonable compensation. That pay comes from estate assets without court order. The fee is also subject to negotiation.

The personal representative (often called an executor) chooses the attorney. That person does not have to pick the lawyer who wrote the will.

Florida’s bar rules add a limit. A lawyer must not charge a clearly excessive fee or cost. A fee is clearly excessive when a prudent person would be left with a definite and firm conviction that it exceeds a reasonable fee for the services. An advance fee must be held in trust until it is earned. See the Florida Bar fee rule.

What do personal representatives and trustees get paid?

A personal representative is entitled to a commission for ordinary services. That commission is paid from estate assets without court order. Florida Statutes § 733.617 bases it on the compensable value of the estate. That value is the inventory value of the probate assets plus the income the estate earns during administration.

If the will sets pay by specific criteria, the personal representative is paid under those terms. Fla. Stat. § 733.617 reads: “However, except for references in the will to the personal representative’s regularly published schedule of fees in effect at the decedent’s date of death, or words of similar import, if there is no written contract with the decedent regarding compensation, a personal representative may renounce the provisions contained in the will and be entitled to compensation under this section.” A personal representative may also give up all or part of the pay.

For trusts, Florida Statutes § 736.0708 says that if the trust does not set the trustee’s pay, the trustee gets reasonable compensation under the circumstances. A trustee who does other work for the trust can also receive reasonable pay for that work.

Why does contested litigation raise the bill?

Litigation adds work, and Florida law allows more pay for it. Florida Statutes § 733.6171 lists extraordinary services. These include a will contest, will construction, a contested claim, an elective share proceeding, and any adversarial proceeding or litigation by or against the estate.

The size and complexity of the estate matter too. Routine work is ordinary service. Contested work can be extraordinary service.

Trust disputes follow a separate rule. Florida Statutes § 736.1004 says that in actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers, the court shall award taxable costs, including attorney fees. The court may direct payment from a party’s interest in the trust, or enter a judgment payable from other property, or both.

In probate, Florida Statutes § 733.106 lets the court decide, in its discretion, which part of the estate pays costs and attorney fees. Under Fla. Stat. § 733.106, if costs and attorney fees are to be paid from the estate, the court may assess all or part of them against one or more persons’ part of the estate in the proportions it finds just and proper, even without finding bad faith.

Can the lawyer who wrote the will also be paid as personal representative?

Not without the required disclosures. Florida Statutes § 733.617 says an attorney named as personal representative in a will that the attorney prepared or supervised is not entitled to pay for that role. The exceptions are when the attorney or person nominated is related to the testator, or when the attorney makes the required statutory disclosures to the testator before the will is executed. A related person has the same limit.

The same kind of rule applies to trusts. See Florida Statutes § 736.0708.

Serving as a fiduciary and giving legal advice are separate roles. Each can carry its own fee, but an attorney who prepared or supervised the trust instrument that appointed them as trustee is not entitled to trustee compensation unless the attorney or person is related to the settlor or the required disclosures were made to the settlor before the trust was executed. The American College of Trust and Estate Counsel explains this distinction in its discussion of lawyers as trustees.

What does trust administration cost in legal fees?

For an initial trust administration, Florida presumes reasonable pay for ordinary services of attorneys employed generally to advise the trustee concerning the trustee’s duties in the initial trust administration. That presumption is 75 percent of the statutory schedule, unless the parties agree otherwise. Florida Statutes § 736.1007 sets this rule.

An attorney who plans to charge under that schedule must give the trustee written disclosures. If those disclosures are not made, the attorney may not be paid without prior court approval or written consent from the trustee and all qualified beneficiaries.

Under Fla. Stat. § 733.6171, an attorney who intends to charge a fee based on the statutory schedule must make written disclosures to the personal representative, including that the personal representative is entitled to a summary of ordinary and extraordinary services rendered for the fees agreed upon at the conclusion of the representation. The summary shows total hours or a detailed list of the services performed.

Does estate tax planning add to the cost?

It can. Estate and gift tax planning adds work when a family’s assets approach the federal limits. The IRS sets the basic exclusion amount for estate and gift tax at $15,000,000 for calendar year 2026. The IRS gift tax FAQ lists the annual gift tax exclusion at $19,000 per donee for 2026.

What should you ask about fees before you hire a lawyer?

Ask how the fee is set. Florida fees are negotiated and must be reasonable. Ask these questions too:

• Will the attorney give written disclosures if the fee follows the statutory schedule?
• Will you receive a summary of services when the work ends?
• Will the lawyer handle the matter alone, or will other lawyers help? If others help, ask how the fees will be shared.
• If an advance fee is paid, is it held in trust until earned?

How Trust Counsel can help

Trust Counsel is a Coral Gables, Florida firm. The firm focuses on trust and estate matters, including probate, trust disputes, trust administration, and planning. Leslie V. Marenco is the lawyer responsible for this page.

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries. We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne and Aventura.

Trust Counsel offers a free first consultation. It is confidential and comes with no obligation to continue.

If a parent’s estate or a trust has left you with fee questions, you don’t have to sort them out alone. Contact Trust Counsel or call (305) 707-7126 to talk through your situation.

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