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Florida Statute 733.106 | Lawyer Caselaw & Research
F.S. 733.106 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES
View Entire Chapter
F.S. 733.106
733.106 Costs and attorney fees.
(1) In all probate proceedings, costs may be awarded as in chancery actions.
(2) A person nominated as personal representative, or any proponent of a will if the person so nominated does not act within a reasonable time, if in good faith justified in offering the will in due form for probate, shall receive costs and attorney fees from the estate even though probate is denied or revoked.
(3) Any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate.
(4) If costs and attorney fees are to be paid from the estate under this section, s. 733.6171(4), s. 736.1005, or s. 736.1006, the court, in its discretion, may direct from what part of the estate they shall be paid.
(a) If the court directs an assessment against a person’s part of the estate and such part is insufficient to fully pay the assessment, the court may direct payment from the person’s part of a trust, if any, if a pour-over will is involved and the matter is interrelated with the trust.
(b) All or any part of the costs and attorney fees to be paid from the estate may be assessed against one or more persons’ part of the estate in such proportions as the court finds to be just and proper.
(c) In the exercise of its discretion, the court may consider the following factors:
1. The relative impact of an assessment on the estimated value of each person’s part of the estate.
2. The amount of costs and attorney fees to be assessed against a person’s part of the estate.
3. The extent to which a person whose part of the estate is to be assessed, individually or through counsel, actively participated in the proceeding.
4. The potential benefit or detriment to a person’s part of the estate expected from the outcome of the proceeding.
5. The relative strength or weakness of the merits of the claims, defenses, or objections, if any, asserted by a person whose part of the estate is to be assessed.
6. Whether a person whose part of the estate is to be assessed was a prevailing party with respect to one or more claims, defenses, or objections.
7. Whether a person whose part of the estate is to be assessed unjustly caused an increase in the amount of costs and attorney fees incurred by the personal representative or another interested person in connection with the proceeding.
8. Any other relevant fact, circumstance, or equity.
(d) The court may assess a person’s part of the estate without finding that the person engaged in bad faith, wrongdoing, or frivolousness.
History.s. 1, ch. 74-106; s. 49, ch. 75-220; s. 984, ch. 97-102; s. 82, ch. 2001-226; s. 1, ch. 2015-27.
Note.Created from former s. 732.14.

F.S. 733.106 on Google Scholar

F.S. 733.106 on Casetext

Amendments to 733.106


Arrestable Offenses / Crimes under Fla. Stat. 733.106
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.106.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HAMPTON, v. ESTATE OF L. ALLEN,, 198 So. 3d 954 (Fla. Dist. Ct. App. 2016)

. . . .§ 733.106(3), Fla, Stat. (2012). . . . Hampton argues that the trial court erred in denying her claim for attorney’s fees because, under section 733.106 . . . ’s decision to deny Hampton’s request for attorney’s fees depended on the interpretation of section 733.106 . . . Section 733.106(3) provides: “Any attorney who has rendered services to an estate may be awarded reasonable . . .

ANDERSON, v. McDONOUGH, E., 189 So. 3d 265 (Fla. Dist. Ct. App. 2016)

. . . The order .was based on section 733.106, Florida Statutes (2011). . . .

ANDERSON, v. McDONOUGH, E., 189 So. 3d 266 (Fla. Dist. Ct. App. 2016)

. . . Bell, 746 So.2d 1100, 1104 (Fla. 2d DCA 1999) (“[Sjection 733.106, which provides for attorney’s fees . . .

VAN VECHTEN, H. v. ANYZESKI,, 157 So. 3d 350 (Fla. Dist. Ct. App. 2015)

. . . P. 1.525 [and] Sections 86.081, 733.106, [and] 733.609, Florida Statutes [ (2009) ].” . . .

W. SHUCK, v. A. SMALLS, H. Jr. P. A., 101 So. 3d 924 (Fla. Dist. Ct. App. 2012)

. . . awarding fees and costs to appellees Wayne Smalls and Wintter & Associates under sections 57.105 and 733.106 . . . Stat. 733.106.” . . . The fees in the trial court level amounted to $73,295 and were awarded under both sections 733.106 and . . . from appellants’ share of the estate pursuant to section 733.106(4). . . . Section 733.106(4.) . . .

BONNEY, v. BONNEY,, 94 So. 3d 702 (Fla. Dist. Ct. App. 2012)

. . . The trial court awarded the brother attorney’s fees against Jeanne under sections 733.609 and 733.106 . . . Section 733.106(3) is not implicated because the brother’s attorney did not render “services to an estate . . .

L. LANGER, Co- B. Co- B. Co- V. Co- B. v. FELS,, 93 So. 3d 1069 (Fla. Dist. Ct. App. 2012)

. . . attorney’s fees and costs pursuant to Florida Rule of Civil Procedure 1.442 and sections 768.79 and 733.106 . . . amended motion, Fels argued that he was entitled to fees under the following sections: (i) section 733.106 . . . estate or for torts committed in the course of administration of the estate if personally at fault. §§ 733.106 . . . was entitled to fees pursuant to sections 733.609(1) and 733.619(2), but denied fees under section 733.106 . . . As part of that appeal, Fels moved for an award of appellate attorney’s fees pursuant to sections 733.106 . . .

DAVIS, H. U W D F B O A. v. ESTATE OF H. DAVIS,, 77 So. 3d 703 (Fla. Dist. Ct. App. 2011)

. . . Section 733.106, Florida Statutes, provides, in pertinent part, that “[a]ny attorney who has rendered . . . services to an estate may be awarded reasonable compensation from the estate.” § 733.106, Fla. . . .

LAURITSEN, v. WALLACE,, 67 So. 3d 285 (Fla. Dist. Ct. App. 2011)

. . . compensation of personal representatives and their attorneys fees and attorneys fees awarded under s. 733.106 . . .

BENNETT v. BERGES, J. M. D. L., 50 So. 3d 1154 (Fla. Dist. Ct. App. 2010)

. . . The children’s attorney also testified, claiming that she was entitled to fees based upon section 733.106 . . . Because the appellees argued entitlement pursuant to section 733.106, Florida Statutes, and the trial . . . Section 733.106(3), Florida Statutes, provides: “Any attorney who has rendered services to an estate . . . Section 733.106(3) does not provide a valid basis for personal liability for attorney’s fees. . . .

PRICE, v. AUSTIN,, 43 So. 3d 789 (Fla. Dist. Ct. App. 2010)

. . . declared as adversarial, rule 1.525 governed a motion for attorney’s fees filed pursuant to section 733.106 . . . Although Hays involved a different fee statute than the case before us, section 733.106(2) and section . . . Section 733.106 provides for an award of fees when a person in good faith offers a will for probate and . . . when an attorney renders services to the estate. § 733.106(3). . . .

COPELAND, F. v. R. BUSWELL, 20 So. 3d 867 (Fla. Dist. Ct. App. 2009)

. . . compensation of personal representatives and their attorneys fees and attorneys fees awarded under s. 733.106 . . .

GEARY, v. BUTZEL LONG, P. C., 13 So. 3d 149 (Fla. Dist. Ct. App. 2009)

. . . We noted that section 733.106(4), Florida Statutes, permits the court to direct from what part of an . . . fees against a beneficiary’s portion of the estate for frivolous litigation consistent with section 733.106 . . .

In ESTATE OF SHEFNER, Jr. v. SHEFNER- HOLDEN, 2 So. 3d 1076 (Fla. Dist. Ct. App. 2009)

. . . In probate matters, section 733.106, Florida Statutes (2003), controls the question of attorney’s fees . . . The Fourth District reversed based on section 733.106(3), stating: “[the devisee] was successful in maintaining . . . Thus, under section 733.106(3), Deborah and Frank are entitled to reimbursement of the attorney’s fees . . . Further, section 733.106(4) provides that the court may direct from what part of the estate attorney’ . . .

HAYS K. v. F. LAWRENCE, L., 1 So. 3d 1176 (Fla. Dist. Ct. App. 2009)

. . . filed a petition for order authorizing the payment of attorney’s fees and expenses pursuant to section 733.106 . . .

A. BRINDLE, v. W. BRINDLE,, 994 So. 2d 1174 (Fla. Dist. Ct. App. 2008)

. . . . § 733.106(3)-(4), Fla. . . . authority to apportion the costs of that proceeding personally individually among the litigants, § 733.106 . . .

DUNCOMBE, v. S. ADDERLY, L. Sr. G., 991 So. 2d 1013 (Fla. Dist. Ct. App. 2008)

. . . Duncombe then sought attorney’s fees incurred during these proceedings under section 733.106(3), which . . . The error in this case involved the interpretation of the words “benefit to the estate” in section 733.106 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 733.106, Fla. Stat. Costs and attorneys fees. § 733.212, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

. . . . § 733.106, Fla. Stat. Costs and attorney’s fees. § 744.105, Fla. Stat. Costs. § 744.108, Fla. . . .

HARDING, v. ROSOFF M., 951 So. 2d 912 (Fla. Dist. Ct. App. 2007)

. . . she should have been awarded attorney’s fees and costs for prevailing in the litigation under section 733.106 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

. . . . § 733.106, Fla. Stat. Costs and attorney’s fees. § 733.212, Fla. Stat. . . . General definitions. § 733.106, Fla. Stat. Costs and attorney’s fees. § 744.105, Fla. Stat. . . .

SHEETS, V. v. R. PALMER,, 917 So. 2d 246 (Fla. Dist. Ct. App. 2005)

. . . had discretion equitably to apportion estate taxes and administrative expenses pursuant to sections 733.106 . . . had discretion equitably to apportion estate taxes and administrative expenses pursuant to sections 733.106 . . . Section 733.106(4) addresses only attorney’s fees and costs, permitting the court, in its discretion, . . . Compare § 733.106(4), Fla. Stat. (1995) with § 733.106(4), Fla. Stat. (2003). . . . However, section 733.106(4) provides no support for appellee’s argument that the trial court had discretion . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 733.106, Fla. Stat. Costs and attorney’s fees. § 733.212, Fla. Stat. . . .

J. COOPER L. v. FORD SINCLAIR, P. A., 888 So. 2d 683 (Fla. Dist. Ct. App. 2004)

. . . .” § 733.106(3), Fla. Stat. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 733.106, Fla. Stat. Costs and attorney’s fees. § 733.212, Fla. Stat. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 824 So. 2d 849 (Fla. 2002)

. . . . § 733.106, Fla. Stat. Costs and attorney^ fees. § 744.105, Fla. Stat. Costs. § 744.108, Fla. . . .

Z. ROBINSON Co- L. Z. v. ROBINSON Co-, 805 So. 2d 94 (Fla. Dist. Ct. App. 2002)

. . . Trust, where Marilyn had sought to charge 100% of those fees against the Shirley Trust under section 733.106 . . . Millender, 721 So.2d 426 (Fla. 4th DCA 1998), whereby we held Florida Statutes 733.106(3), which authorizes . . . The beneficiary sought repayment of her attorneys’ fee under section 733.106(3). . . . We held the beneficiary’s fees were not recoverable under section 733.106(3), since the underlying litigation . . . Main Trust, and we hold the probate court was free to apportion the fee award in its discretion. § 733.106 . . .

In ESTATE OF WILLIAMS. R. v. L., 771 So. 2d 7 (Fla. Dist. Ct. App. 2000)

. . . Conger, 448 So.2d 609, 612 (Fla. 3d DCA 1984); § 733.106(1), Fla. . . .

M. BRAKE, M. v. P. SWAN, E., 767 So. 2d 500 (Fla. Dist. Ct. App. 2000)

. . . See § 733.106(3), Fla. Stat. (1997). . . .

RUSSO BAKER, P. A. v. A. FERNANDEZ, 752 So. 2d 716 (Fla. Dist. Ct. App. 2000)

. . . Finally, the order refers to sections 733.106 and 733.609, Florida Statutes (1995), in addition to Section . . . The trial court should also clarify the application of sections 733.106 and 733.609, Florida Statutes . . .

SNYDER, v. G. BELL, U A D G. U A D v., 746 So. 2d 1100 (Fla. Dist. Ct. App. 1999)

. . . that the trial court erred by refusing to award him attorney’s fees pursuant to sections 737.627 and 733.106 . . . In Dayton, the Third District held that section 733.106, which provides for attorney’s fees for services . . . The court explained that section 733.106 provided a claim for fees for prosecuting the action itself, . . . Section 737.627 is similar to section 733.106 in that it provides for attorney’s fees for defending the . . . Section 733.106(4), Florida Statutes (1995), allows a court to direct from which portion of the estate . . .

G. FURLONG, v. RAIMI, Co- S. S. f k a N. A. N. A. N. A. L., 735 So. 2d 583 (Fla. Dist. Ct. App. 1999)

. . . maintains that she is shielded from personal liability for the appellees’ costs by virtue of section 733.106 . . . Section 733.106(2) provides that: A person nominated as personal representative of the last known will . . . Had the Florida legislature intended section 733.106(2) to be applicable only to a decedent’s last known . . . The Landon court construed section 733.609, Florida Statutes (1993), not section 733.106(2), and held . . . Finally, we note that section 733.106(1), Florida Statutes (1997), specifically provides that “[i]n all . . .

G. FURLONG, v. RAIMI, Co- S. S., 727 So. 2d 287 (Fla. Dist. Ct. App. 1999)

. . . See §§ 733.106(2), .617, Fla. Stat. (1995); Johnson v. . . .

NALLS, v. MILLENDER,, 721 So. 2d 426 (Fla. Dist. Ct. App. 1998)

. . . Appellant first argues that the trial court should have granted her fees under section 733.106(3), Florida . . .

In ESTATE OF SOLOW, SOLOW, v. GOTTHELF,, 720 So. 2d 1171 (Fla. Dist. Ct. App. 1998)

. . . . § 733.106(1), Fla.Stat. (1997); § 733.609, Fla.Stat. (1997); Dayton v. . . .

C. BROOKS, v. V. DEGLER,, 712 So. 2d 419 (Fla. Dist. Ct. App. 1998)

. . . received in 1992 an award of costs and fees in the amount of $337,598.69 out of the estate under section 733.106 . . . Appel-lees moved for fees under section 733.106, Florida Statutes, and on November 3, 1992, the court . . . arguing that Appellees are not entitled to both the contingency fee and the fee award under section 733.106 . . . fee for their services, Appellees have already received such a fee via the 1992 award under section 733.106 . . .

WILLIAMS, v. M. KING,, 711 So. 2d 1285 (Fla. Dist. Ct. App. 1998)

. . . We affirm the order awarding fees from appellant’s portion of the estate pursuant to section 733.106. . . .

In ESTATE OF PARIS, a k a E. LINDENMAYER, Sr. v. M. HARPER,, 699 So. 2d 301 (Fla. Dist. Ct. App. 1997)

. . . Lindenmayer argues that he is allowed, pursuant to section 733.106(3), Florida Statutes (1995), to apply . . . Section 733.106(3) requires Lindenmayer to give informal notice to the personal representative and to . . . Section 733.106(3) allows the attorney to apply for these fees at any time during the pendency of the . . . not meet the requirements of Stockman, this court found that the petition filed pursuant to section 733.106 . . . which could encompass more than merely having defended the petition to revoke probate, and section 733.106 . . .

In ESTATE OF McQUEEN, E. HOLLEY R. v. FIRST GUARANTY BANK TRUST COMPANY,, 699 So. 2d 747 (Fla. Dist. Ct. App. 1997)

. . . .” § 733.106(1), Fla.Stat. (1993). . . .

MORENO, Co- v. S. ALLEN, MORENO, Co- v. A. BRIDGES, GEORGE, HARTZ, LUNDEEN, FLAGG FULMER, v. MORENO Co-, 692 So. 2d 957 (Fla. Dist. Ct. App. 1997)

. . . Next, we reverse the trial court’s awards, purportedly entered under section 733.106(3), Florida Statutes . . . legal services in question in fact were rendered “to [the] estate,” or for its benefit, as section 733.106 . . .

ESTATE OF BROCK, BROCK, Jr. v. D. BROCK,, 695 So. 2d 714 (Fla. Dist. Ct. App. 1996)

. . . that point; and (3) the order assessing costs did not specify whether costs were awarded under section 733.106 . . . Appellant’s argument is predicated upon section 733.106(3), Florida Statutes (1993), which provides: . . .

COLLEGE, v. A. BOURNE,, 670 So. 2d 1118 (Fla. Dist. Ct. App. 1996)

. . . We especially observe that section 733.106(3) is inapplicable as a basis for the fee award. . . .

DEW M. v. NERRETER,, 664 So. 2d 1179 (Fla. Dist. Ct. App. 1995)

. . . trial court erred in granting attorney fees to the appellee, Wilhelm Nerreter, pursuant to section 733.106 . . . Section 733.106(3), Florida Statutes has been interpreted to permit attorney’s fees when the estate has . . . Thus, in order to be entitled to attorney fees under section 733.106(3), the attorney’s services must . . . Rule 5.090(c) is strikingly similar to the current section 733.106(2), and neither is applicable to the . . .

BAPTIST HOSPITAL OF MIAMI, INC. v. C. CARTER, 658 So. 2d 560 (Fla. Dist. Ct. App. 1995)

. . . recalcitrance of the beneficiaries, they may and should be taxed in the creditor's favor under section 733.106 . . .

H. CARMAN, v. GILBERT,, 641 So. 2d 1323 (Fla. 1994)

. . . Section 733.106, Florida Statutes (1989), provides for the award of costs and attorney fees in probate . . . Section 733.106(3), Florida Statutes (1989), provides that "[a]ny attorney who has rendered services . . .

ESTATE OF M. SANGENITO, F. CATANZARO, v. L. MEROLLA,, 631 So. 2d 1125 (Fla. Dist. Ct. App. 1994)

. . . lost or destroyed will, but argues that he was nevertheless entitled to attorney’s fees under section 733.106 . . . Notwithstanding his lack of success in establishing a lost will, appellant sought attorney’s fees under section 733.106 . . .

In ESTATE OF GRAY. KRATZ, v. GRAY,, 626 So. 2d 971 (Fla. Dist. Ct. App. 1993)

. . . for attorney’s fees for services rendered in this appeal pursuant to Fla.R.App.P. 9.400 and section 733.106 . . .

H. CARMAN, v. GILBERT, C. n k a M., 615 So. 2d 701 (Fla. Dist. Ct. App. 1992)

. . . Carman, Jr., pursuant to section 733.106(3), Florida Statutes (1989). . . . which could encompass more than merely having defended the petition to revoke probate, and section 733.106 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . Notice; method and time; proof. 733.106, Fla.Stat. Costs and attorney fees. 733.212, Fla.Stat. . . . Statutory References § 733.106, Fla.Stat. Costs and attorney fees, § 744.105, Fla.Stat. . . .

In ESTATE OF P. RANSBURG, P. RANSBURG E. v. A. SMITH, P. A. Co-, 608 So. 2d 49 (Fla. Dist. Ct. App. 1992)

. . . See § 733.106, Fla.Stat. (1991). . . .

DOURADO, v. D. CHOUSA,, 604 So. 2d 864 (Fla. Dist. Ct. App. 1992)

. . . the authority for an award of attorney’s fees to the estate, but we presume it is pursuant to section 733.106 . . . Section 733.106(3) allows any attorney who has rendered services to an estate to apply for an award of . . . Subsection 733.106(4). . . . Subsections 733.106(3) and 733.106(4) do not contemplate imposition of personal liability for the fees . . .

In GUARDIANSHIP OF B. BOCKMULLER SALMON A. v. HARRIS, BARRETT, MANN DEW, P. A., 602 So. 2d 608 (Fla. Dist. Ct. App. 1992)

. . . an award of attorney’s fees pursuant to statute concerning attorney’s fees in estate cases, section 733.106 . . .

R. WELLS, P. v. NIETO, E. L., 592 So. 2d 688 (Fla. Dist. Ct. App. 1991)

. . . See § 733.106, Fla.Stat. (1989). . . .

C. BISSMEYER A. P. A. a v. SOUTHEAST BANK, N. A. P. J. A. B. B., 596 So. 2d 678 (Fla. Dist. Ct. App. 1991)

. . . . § 733.106(2), Fla.Stat. (1989); In re Estate of Gaspelin, 542 So.2d 1023 (Fla. 2d DCA), review denied . . . petitioned this court for attorneys’ fees for services rendered in this appeal pursuant to section 733.106 . . .

J. FELDHEIM, v. SCOTT,, 579 So. 2d 291 (Fla. Dist. Ct. App. 1991)

. . . In the instant case, attorneys’ fees were awarded pursuant to section 733.106(3), Florida Statutes (1989 . . .

W. J. FRANKLIN, v. STETTIN, W., 579 So. 2d 245 (Fla. Dist. Ct. App. 1991)

. . . Although fees may be awarded to an attorney who initially represents a beneficiary pursuant to section 733.106 . . .

In ESTATE OF S. GAINER, G. DUNCAN, S. S. L. E. v. DAVIS S., 579 So. 2d 739 (Fla. Dist. Ct. App. 1991)

. . . Section 733.106, Florida Statutes, authorizes the payment of attorney fees to any attorney who has rendered . . . Section 733.106, Florida Statutes, provides that in probate proceedings, the court may award costs as . . .

B. BOCK, v. DIENER,, 571 So. 2d 30 (Fla. Dist. Ct. App. 1990)

. . . The thrust of sections 733.106 and 733.617, Florida Statutes, is to provide for the employment and compensation . . .

In ESTATE OF LANE,, 562 So. 2d 352 (Fla. Dist. Ct. App. 1990)

. . . contest was taken in good faith and the assessment against them is contrary to the law construing section 733.106 . . . The court found that section 733.106(4), Florida Statutes (1983), gave the probate court latitude in . . . Therefore the assessment against appellants is unwarranted under section 733.106(4). . . . See sections 733.106(2), 733.612(19) and 733.612(20) (which authorize the personal representative to . . . Section 733.106(4) Fla.Stat. (1987), provides: (4) When costs and attorney fees are to be paid out of . . .

STANDARD GUARANTY INSURANCE CO. v. L. QUANSTROM,, 555 So. 2d 828 (Fla. 1990)

. . . . § 733.106, Fla.Stat. (1987). .§ 738.13, Fla.Stat. (1987). . . .

In ESTATE OF SIMON. GASTEL, Co- v. LEVIN FISHMAN, P. A., 549 So. 2d 210 (Fla. Dist. Ct. App. 1989)

. . . The award was based on section 733.609, Florida Statutes (1987) and section 733.106(3), Florida Statutes . . . Count II of the petition was a claim for attorney’s fees under section 733.106(3), Florida Statutes. . . . Gastel next contends appellees are not entitled to attorney’s fees under section 733.106(3), Florida . . . Gastel contends that appellees are not entitled to attorney’s fees under section 733.106(3), Florida . . . Accordingly, the attorney’s fees awarded against the estate under section 733.106(3), Florida Statutes . . .

M. BAUMER, A. v. G. HOWARD,, 542 So. 2d 400 (Fla. Dist. Ct. App. 1989)

. . . The court found that the attorneys’ services were therefore awardable pursuant to Section 733.106(3), . . . which benefited the estate and were therefore entitled an award from the estate pursuant to Section 733.106 . . . If they did, then pursuant to Section 733.106(3), they were entitled to compensation from the estate. . . . Section 733.106(3). . . . Section 733.106(3), Florida Statutes, provides: (3) Any attorney who has rendered services to an estate . . .

In ESTATE OF GASPELIN, GASPELIN, v. GASPELIN, GASPELIN H. III, v. GASPELIN,, 542 So. 2d 1023 (Fla. Dist. Ct. App. 1989)

. . . . § 733.106, Fla.Stat. (1985). . . . The estate argues that no fees are awardable under section 733.106(3), Florida Statutes (1985), because . . . We do not need to determine whether the beneficiaries’ attorney is entitled to a fee under section 733.106 . . .

COHEN, v. SCHWARTZ, 538 So. 2d 922 (Fla. Dist. Ct. App. 1989)

. . . s fees against a beneficiary’s portion of the estate for frivolous litigation caused the estate, §§ 733.106 . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 733.106 Costs and attorney fees. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 733.106 Costs and attorney fees. . . .

C. TILLMAN, v. SMITH,, 526 So. 2d 730 (Fla. Dist. Ct. App. 1988)

. . . The authority for allowing attorney’s fees in an estate proceeding is found in section 733.106(3), Florida . . .

IN RE ESTATE OF FARLEY, 28 Fla. Supp. 2d 57 (Fla. Cir. Ct. 1988)

. . . Jones pursuant to F.S. 733.106, subparagraphs 1, 3 and 4, which provide as follows: “(1) In all probate . . . This court does have jurisdiction to award attorney fees and costs pursuant to Chapter 733.106. 2. . . .

In ESTATE OF B. PAULK, A. v. LINDAMOOD, M. A. B., 529 So. 2d 1150 (Fla. Dist. Ct. App. 1988)

. . . appellees’ attorney’s fees be paid from the residuary trust corpus, appellant argues that because Section 733.106 . . . The statute authorizing costs in the present case, Section 733.106, Florida Statutes, does not contain . . .

IN RE ESTATE OF EDNEY, 26 Fla. Supp. 2d 84 (Fla. Cir. Ct. 1987)

. . . hearing pursuant to motion, filed by creditor Jane Anne Edney, for attorney’s fees pursuant to F.S. 733.106 . . .

In ESTATE OF A. UDELL,, 501 So. 2d 1286 (Fla. Dist. Ct. App. 1986)

. . . to the Udell situation, appellant, Bachrach, specifically seeks attorney’s fees pursuant to section 733.106 . . .

SEGAL, v. I. LEVINE, D., 489 So. 2d 868 (Fla. Dist. Ct. App. 1986)

. . . . § 733.106(3), Fla.Stat. (1985). . . .

CUSHING, v. ESTATE OF C. REYNOLDS, BEDZOW AND KORN, P. A. C. v. ESTATE OF C. REYNOLDS,, 489 So. 2d 1204 (Fla. Dist. Ct. App. 1986)

. . . Thus, under the plain language of Section 733.106(2), Florida Statutes (1985), the trial court was fully . . .

In ESTATE OF C. W. HAND. WOLF, v. A. AHLMAN, 475 So. 2d 1337 (Fla. Dist. Ct. App. 1985)

. . . The law authorizing the payment of attorney’s fees and costs to proponents of wills is Section 733.106 . . . 23 So.2d 485 (1945) (en banc) (construing Section 51 of the Probate Act, the predecessor to Section 733.106 . . . Likewise, subsection three of Section 733.106 cannot support the award of fees in the present case. . . . at 487 (construing Section 158 of the Probate Act, the substantially similar predecessor to Section 733.106 . . . See In re Gleason’s Estate, 74 So.2d 360 (Fla.1954) (en banc) (under predecessor to Section 733.106(3 . . .

J. PFEIFER v. VARNER,, 452 So. 2d 622 (Fla. Dist. Ct. App. 1984)

. . . Section 733.106(3), Florida Statutes (1981); In re Estate of Griffis, 366 So.2d 80 (Fla. 4th DCA 1978 . . . distribute assets that he reasonably anticipated may be necessary to pay any state or federal taxes. . § 733.106 . . .

DAYTON, M. D. v. A. CONGER,, 448 So. 2d 609 (Fla. Dist. Ct. App. 1984)

. . . Although section 733.106(3), Florida Statutes (1983), provides for awarding fees for services rendered . . . In any probate proceeding, the court may award costs as in chancery actions. § 733.106(1) Pla.Stat. ( . . . probate court could also order these costs be paid out of the beneficiaries’ interest in the estate. § 733.106 . . .

L. TERNER, v. RAND, C., 442 So. 2d 1038 (Fla. Dist. Ct. App. 1983)

. . . authority to assess such fees and costs against the surviving spouse herein under the authority of Section 733.106 . . .

In ESTATE OF S. LEWIS,, 442 So. 2d 290 (Fla. Dist. Ct. App. 1983)

. . . . § 733.106 (1979). We reverse. Mrs. . . . Rosch’s claim for attorney’s fees per F.S. § 733.106 (1979). REVERSED AND REMANDED. . . .

J. SAMUELS, v. ESTATE OF S. AHERN,, 436 So. 2d 1096 (Fla. Dist. Ct. App. 1983)

. . . The authority for allowing attorney’s fees in an estate proceedings is Section 733.106(3), Florida Statutes . . .

In B. STALNAKER, S. PRICE, v. B. PRICE a k a B., 19 B.R. 784 (Bankr. S.D. Fla. 1982)

. . . The court also found plaintiff was entitled under § 733.106 and § 733.609, Florida Statutes, to her reasonable . . .

In ESTATE OF SIMON, Dr. SCHREIBER, v. R. PALMER,, 402 So. 2d 26 (Fla. Dist. Ct. App. 1981)

. . . representative, and attorney but did not notify Pearl or attorney Blum of this petition as required by Section 733.106 . . .

In ESTATE CROSLEY,, 384 So. 2d 274 (Fla. Dist. Ct. App. 1980)

. . . attorneys’ fees against the estate, relying on Rule 9.400, Florida Rules of Appellate Procedure and § 733.106 . . .

NARUS, v. J. NARUS L., 382 So. 2d 144 (Fla. Dist. Ct. App. 1980)

. . . . § 733.106(1), Fla. Stat. (1979). . . .

In ESTATE J. NEDRY, ROTHBLATT M. v. E. NEDRY Co- J. E., 373 So. 2d 404 (Fla. Dist. Ct. App. 1979)

. . . Section 733.106(3), Florida Statutes (1975); Johnson v. . . .

In ESTATE GRIFFIS,, 366 So. 2d 80 (Fla. Dist. Ct. App. 1978)

. . . Section 733.106(3), Florida Statutes, (1975); In re Estate of McCune, 223 So.2d 787 (Fla. 4th DCA 1969 . . .

In JONES, BAYFRONT MEDICAL CENTER, INC. St. s v. JONES, a k a a k a R., 352 So. 2d 1182 (Fla. Dist. Ct. App. 1977)

. . . Section 733.106(3), Florida Statutes (1975) (formerly Section 734.-01(2), Florida Statutes (1973)). . . .

In ESTATE WEINSTEIN, T. WEINSTEIN, v. NASH,, 339 So. 2d 700 (Fla. Dist. Ct. App. 1976)

. . . Nash filed a motion for attorney’s fees pursuant to Section 733.106, Florida Statutes (1975) and Fla. . . .

In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 324 So. 2d 38 (Fla. 1975)

. . . .-090 and implements FPC 733.106 except that no priority is given to nominated personal representative . . .