Personal Representative Pay in Florida:

In Florida, a personal representative is paid a commission from the estate’s assets, and the amount must be reasonable. That answers how a personal representative is paid in Florida. Heirs who see a fee on an estate statement often ask whether it fits the work done. The sections below explain the rule, where the money comes from, and the steps you can take.

What Florida Law Says About a Personal Representative’s Pay

Florida entitles a personal representative to reasonable compensation for services, and the main rule sits in Fla. Stat. § 733.617. The statute says a personal representative is entitled to a commission payable from the estate assets without a court order. It covers ordinary services.

The commission is based on the compensable value of the estate. That value is the inventory value of the probate estate assets plus the income the estate earns during administration. On top of the commission, the statute allows further reasonable compensation for extraordinary services, such as selling property, dealing with protected homestead, or other special services the personal representative must perform.

The will can also set the pay. If the will gives specific criteria for compensation, 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, or renounce, all or part of the compensation.

Florida calls this role the personal representative. Many people call it an executor. The office is the same either way, and the rules above apply to it.

Where the Personal Representative’s Fee Comes From

The fee comes from the estate itself, not from the heirs’ own money. Under Fla. Stat. § 733.707, compensation of personal representatives is a Class 1 expense. Class 1 is paid first, alongside costs, administration expenses, and attorneys’ fees.

That order matters. The fee is paid before the later classes of claims and before anything reaches the heirs. Each dollar paid as a fee is a dollar not distributed to beneficiaries. That is why beneficiaries have a direct stake in the number.

A common mistake is treating the fee as settled once the estate pays it. Florida law still lets a court review it, as the next section explains.

How Beneficiaries Can Review a Personal Representative’s Fee

Once you know how a personal representative is paid in Florida, the next question is whether the amount fits the work. Start by asking the personal representative for the basis of the estate’s values. The steps below run from least formal to most formal.

First, request the inventory details in writing. Under Fla. Stat. § 733.604, a beneficiary who asks in writing gets a written explanation of how an asset’s inventory value was set. If an appraisal was obtained, the beneficiary gets a copy. The scope depends on whether you are a residuary beneficiary, an heir, or another beneficiary. The personal representative must also tell each beneficiary about this right.

Information is part of the job. Under Fla. Stat. § 733.604(3), when a beneficiary asks in writing, the personal representative must give a written explanation of how an asset’s inventory value was determined, or a copy of the appraisal if one was obtained. A residuary beneficiary, or an heir in an intestate estate, can ask about all inventoried assets. Any other beneficiary can ask about the assets distributed or proposed to be distributed to them. The personal representative must also tell each beneficiary about these rights. Asking for records is a normal step, not an accusation.

Second, raise the fee concern directly and in writing. A written demand often comes before any court filing. The demand letter before suing a trustee page explains that step.

Third, go to court if needed. Under Fla. Stat. § 733.6175, the court may review the propriety of any employment and the reasonableness of compensation paid to the personal representative. The burden of proof rests on the personal representative and the person employed. Under Fla. Stat. § 733.6175, court proceedings to determine reasonable compensation of the personal representative or any person employed by the personal representative, if required, are 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 are determined by the court and paid from the assets of the estate unless the court finds the requested compensation to be substantially unreasonable. Under the same section, any person who is determined to have received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.

A court can decide reasonableness without expert testimony. Any party may still offer expert testimony after notice to interested persons.

Who Can Serve as Personal Representative and How the Firm Fits In

Florida allows any person who is sui juris (a legally capable adult) and a Florida resident at the time of death to serve. That rule is subject to the statute’s limits. The starting point is Fla. Stat. § 733.302.

Some people are not qualified. Under Fla. Stat. § 733.303, a person convicted of a felony is not qualified. Neither is a person convicted of abuse, neglect, or exploitation of an elderly person or disabled adult. A person who is mentally or physically unable to perform the duties, or who is under 18, is also not qualified.

Whether a particular person qualifies is a legal question. Do not assume a family member or friend can serve just because a will names them.

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries. The firm itself does not serve as trustee, personal representative or any other fiduciary.

For context on what a trustee owes, read the trustee duties after a settlor dies page.

Related Duties That Affect the Fee Question

Questions about a personal representative’s compensation can be raised in a free, confidential initial consultation, which carries no obligation to continue. Those duties set the standard for judging the fee.

Under Fla. Stat. § 733.602, a personal representative is a fiduciary. That person must observe the standards of care that apply to trustees. The representative must settle and distribute the estate under the will and the code as expeditiously and efficiently as is consistent with the best interests of the estate.

Under Fla. Stat. § 733.609, the personal representative’s fiduciary duty is the same as a trustee’s. The representative is liable to interested persons for loss caused by a breach. In actions challenging a breach or the exercise of powers, the court must award taxable costs, including attorney’s fees.

Serious failures can end the appointment. Under Fla. Stat. § 733.504, a personal representative may be removed for causes such as wasting or maladministration of the estate. Failing to account for sold property is another cause. An interested person can start removal proceedings under Fla. Stat. § 733.506. Removal does not release the representative from liability.

For the removal process, see the what happens after a petition to remove a trustee page. The fee question comes down to one test: does the claimed pay match the work the representative did for the estate?

Questions Heirs Ask About Personal Representative Fees

Under Fla. Stat. § 733.617, a personal representative is entitled to a commission payable from the estate assets without court order as compensation for ordinary services, based on the compensable value of the estate. A personal representative is also allowed further reasonable compensation for extraordinary services, including but not limited to the sale of real or personal property. If the will provides specific compensation criteria, other than a general reference to commissions allowed by law or words of similar import, the personal representative is entitled to compensation under that provision. However, except for references to the personal representative’s regularly published schedule of fees in effect at the decedent’s date of death, or words of similar import a personal representative with no written contract with the decedent regarding compensation may renounce the will’s provisions and be entitled to compensation under the statute. A personal representative may also renounce the right to all or any part of the compensation. Upon petition of any interested person, the court may increase or decrease the compensation for ordinary services.

Talk With Trust Counsel About a Fee You Are Questioning

Picture an heir who has received a fee statement from a personal representative. The amount is larger than expected, and the heir is not sure what work it covers. The questions are practical: is the inventory accurate, does the fee fit the work, and what options exist?

Trust Counsel, PL, with its office in Coral Gables, Florida, offers a free first consultation that is confidential and carries no obligation to continue. Leslie V. Marenco is the responsible lawyer for this page. Call (305) 707-7126 or use the online scheduling page to start.