Florida Statute 733.106 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 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.

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 CourtListener

Amendments to 733.106

Annotations, Discussions, Cases:

Cases Citing Statute 733.106

Total Results: 90

Standard Guar. Ins. Co. v. Quanstrom

555 So. 2d 828, 1990 WL 3840

Supreme Court of Florida | Filed: Jan 11, 1990 | Docket: 1246425

Cited 192 times | Published

(1987). [8] § 73.091, Fla. Stat. (1987). [9] § 733.106, Fla. Stat. (1987). [10] § 738.13, Fla. Stat

Dayton v. Conger

448 So. 2d 609

District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 1523001

Cited 16 times | Published

provided for by statute or contract. Although section 733.106(3), Florida Statutes (1983), provides for awarding

Baptist Hosp. of Miami, Inc. v. Carter

658 So. 2d 560, 1995 WL 366678

District Court of Appeal of Florida | Filed: Jun 21, 1995 | Docket: 602638

Cited 15 times | Published

should be taxed in the creditor's favor under section 733.106(1), Florida Statutes (1993). 2. The hospital's

In Re Estate of Lewis

442 So. 2d 290, 1983 Fla. App. LEXIS 24376

District Court of Appeal of Florida | Filed: Nov 30, 1983 | Docket: 469028

Cited 12 times | Published

which claim was based upon the provisions of F.S. § 733.106 (1979). We reverse. Mrs. Lewis, as personal representative

Bennett v. Berges

50 So. 3d 1154, 2010 Fla. App. LEXIS 18663, 2010 WL 4961803

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60297258

Cited 11 times | Published

claiming that she was entitled to fees based upon section 733.106, Florida Statutes, in that her efforts benefited

In Re Jones

352 So. 2d 1182

District Court of Appeal of Florida | Filed: Dec 16, 1977 | Docket: 1757524

Cited 9 times | Published

entitled to an attorney's fee from that estate. Section 733.106(3), Florida Statutes (1975) (formerly Section

Estate of Brock

695 So. 2d 714, 1996 WL 419325

District Court of Appeal of Florida | Filed: Jul 29, 1996 | Docket: 52241

Cited 8 times | Published

not specify whether costs were awarded under section 733.106 or Chapter 57 of the Florida Statutes. The

In Re Guardianship of Bockmuller

602 So. 2d 608, 1992 WL 143616

District Court of Appeal of Florida | Filed: Jun 26, 1992 | Docket: 1321722

Cited 8 times | Published

concerning attorney's fees in estate cases, section 733.106(3), Florida Statutes (1989)). Accordingly under

Samuels v. Estate of Ahern

436 So. 2d 1096

District Court of Appeal of Florida | Filed: Sep 7, 1983 | Docket: 445674

Cited 8 times | Published

attorney's fees in an estate proceedings is Section 733.106(3), Florida Statutes (1979). Thus, an attorney

In Re Estate of Simon

549 So. 2d 210, 1989 WL 97671

District Court of Appeal of Florida | Filed: Aug 22, 1989 | Docket: 1719663

Cited 7 times | Published

section 733.609, Florida Statutes (1987) and section 733.106(3), Florida Statutes (1987). We reverse and

In Re Estate of Udell

501 So. 2d 1286, 11 Fla. L. Weekly 1378, 1986 Fla. App. LEXIS 8390

District Court of Appeal of Florida | Filed: Jun 18, 1986 | Docket: 537966

Cited 6 times | Published

specifically seeks attorney's fees pursuant to section 733.106, Florida Statutes (1985), for having "rendered

In Re Estate of Crosley

384 So. 2d 274, 1980 Fla. App. LEXIS 16496

District Court of Appeal of Florida | Filed: Jun 11, 1980 | Docket: 1268684

Cited 6 times | Published

Florida Rules of *277 Appellate Procedure and § 733.106, Florida Statutes (1977). This Court is without

In Re Estate of Griffis

366 So. 2d 80, 1978 Fla. App. LEXIS 16896

District Court of Appeal of Florida | Filed: Dec 27, 1978 | Docket: 1655517

Cited 6 times | Published

appellant is entitled to an attorney's fee. Section 733.106(3), Florida Statutes, (1975); In re Estate

College v. Bourne

670 So. 2d 1118, 1996 WL 139192

District Court of Appeal of Florida | Filed: Mar 29, 1996 | Docket: 1671237

Cited 5 times | Published

Stat. (1993). [4] We especially observe that section 733.106(3) is inapplicable as a basis for the fee award

Tillman v. Smith

526 So. 2d 730, 1988 WL 51629

District Court of Appeal of Florida | Filed: May 26, 1988 | Docket: 1679706

Cited 5 times | Published

attorney's fees in an estate proceeding is found in section 733.106(3), Florida Statutes (1987): Any attorney who

In Re Estate of Pearce

507 So. 2d 729, 12 Fla. L. Weekly 1304, 1987 Fla. App. LEXIS 8304

District Court of Appeal of Florida | Filed: May 20, 1987 | Docket: 1659425

Cited 5 times | Published

representative. In light of the provision of section 733.106(2) and the provision of section 733.612(2)

Cooper v. Ford & Sinclair, PA

888 So. 2d 683, 2004 WL 2600505

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1328022

Cited 4 times | Published

awarded reasonable compensation from the estate." § 733.106(3), Fla. Stat. Courts have interpreted this provision

In Re Estate of Williams

771 So. 2d 7, 2000 WL 1346000

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1338919

Cited 4 times | Published

Conger, 448 So.2d 609, 612 (Fla. 3d DCA 1984); § 733.106(1), Fla. Stat. (1997)), we conclude that the trial

Carman v. Gilbert

615 So. 2d 701, 1992 WL 361340

District Court of Appeal of Florida | Filed: Nov 25, 1992 | Docket: 1658919

Cited 4 times | Published

estate of Charles K. Carman, Jr., pursuant to section 733.106(3), Florida Statutes (1989). The prevailing

Dourado v. Chousa

604 So. 2d 864, 1992 WL 185876

District Court of Appeal of Florida | Filed: Aug 7, 1992 | Docket: 1289798

Cited 4 times | Published

the estate, but we presume it is pursuant to section 733.106, Florida Statutes (1989). This is the basis

Bissmeyer v. Southeast Bank

596 So. 2d 678, 1991 WL 256221

District Court of Appeal of Florida | Filed: Dec 4, 1991 | Docket: 1707366

Cited 4 times | Published

involved services rendered to benefit the estate. § 733.106(2), Fla. Stat. (1989); In re Estate of Gaspelin

Franklin v. Stettin

579 So. 2d 245, 1991 WL 68570

District Court of Appeal of Florida | Filed: Apr 30, 1991 | Docket: 1431737

Cited 4 times | Published

initially represents a beneficiary pursuant to section 733.106(3), Florida Statutes (1989), a fee award will

In Re Estate of Gaspelin

542 So. 2d 1023, 1989 WL 29030

District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 468942

Cited 4 times | Published

court shall enter its order on the petition. § 733.106, Fla. Stat. (1985). The lower court's order seems

Segal v. Levine

489 So. 2d 868, 11 Fla. L. Weekly 1311

District Court of Appeal of Florida | Filed: Jun 10, 1986 | Docket: 546084

Cited 4 times | Published

estate" may recover fees and costs from the estate. § 733.106(3), Fla. Stat. (1985). An attorney renders services

In Re Estate of Simon

402 So. 2d 26

District Court of Appeal of Florida | Filed: Jul 7, 1981 | Docket: 2452126

Cited 4 times | Published

attorney Blum of this petition as required by Section 733.106(3), Florida Statutes (1979). Palmer testified

Langer v. Fels

93 So. 3d 1069, 2012 WL 2327921, 2012 Fla. App. LEXIS 9949

District Court of Appeal of Florida | Filed: Jun 20, 2012 | Docket: 60310423

Cited 3 times | Published

to fees under the following sections: (i) section 733.106(3), authorizing fees when services have been

Brake v. Swan

767 So. 2d 500

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 1661623

Cited 3 times | Published

probate proceeding, which began in 1988. See § 733.106(3), Fla. Stat. (1997). Eve Murphy and Richard

Dew v. Nerreter

664 So. 2d 1179, 1995 WL 763342

District Court of Appeal of Florida | Filed: Dec 29, 1995 | Docket: 1655888

Cited 3 times | Published

the appellee, Wilhelm Nerreter, pursuant to section 733.106(3), Florida Statutes. That statute provides

Estate of Paulk v. Lindamood

529 So. 2d 1150, 1988 WL 36068

District Court of Appeal of Florida | Filed: Apr 26, 1988 | Docket: 1523829

Cited 3 times | Published

trust corpus, appellant argues that because Section 733.106(4), Florida Statutes, empowers the trial court

Estate of Shefner v. Shefner-Holden

2 So. 3d 1076, 2009 Fla. App. LEXIS 1042, 2009 WL 322153

District Court of Appeal of Florida | Filed: Feb 11, 2009 | Docket: 1138999

Cited 2 times | Published

court erred on this issue. In probate matters, section 733.106, Florida Statutes (2003), controls the question

Hays v. Lawrence

1 So. 3d 1176, 2009 Fla. App. LEXIS 2231, 2009 WL 211048

District Court of Appeal of Florida | Filed: Jan 30, 2009 | Docket: 1653722

Cited 2 times | Published

of attorney's fees and expenses pursuant to section 733.106(2), Florida Statutes (2007). Appellees moved

Hays v. Lawrence

1 So. 3d 1176, 2009 Fla. App. LEXIS 2231, 2009 WL 211048

District Court of Appeal of Florida | Filed: Jan 30, 2009 | Docket: 1653722

Cited 2 times | Published

of attorney's fees and expenses pursuant to section 733.106(2), Florida Statutes (2007). Appellees moved

DUNCOMBE v. Adderly

991 So. 2d 1013, 2008 WL 4489234

District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 1398616

Cited 2 times | Published

fees incurred during these proceedings under section 733.106(3), which provides "any attorney who has rendered

In Re Estate of Paris

699 So. 2d 301, 1997 WL 575260

District Court of Appeal of Florida | Filed: Sep 17, 1997 | Docket: 1321030

Cited 2 times | Published

Lindenmayer argues that he is allowed, pursuant to section 733.106(3), Florida Statutes (1995), to apply for an

In Re Estate of Gainer

579 So. 2d 739, 1991 WL 77623

District Court of Appeal of Florida | Filed: Mar 29, 1991 | Docket: 1728629

Cited 2 times | Published

of the Davises as personal representatives. Section 733.106, Florida Statutes, authorizes the payment of

In Re Estate of Hand

475 So. 2d 1337, 10 Fla. L. Weekly 2033

District Court of Appeal of Florida | Filed: Oct 1, 1985 | Docket: 1709961

Cited 2 times | Published

attorney's fees and costs to proponents of wills is Section 733.106, Florida Statutes (1983). This statute provides

Shuck v. Smalls

101 So. 3d 924, 2012 Fla. App. LEXIS 20886, 2012 WL 6027820

District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60226488

Cited 1 times | Published

their attorney’s fees and costs pursuant to section 733.106(2) and (3), Florida Statutes, and that the

Price v. Austin

43 So. 3d 789, 2010 Fla. App. LEXIS 11702, 2010 WL 3120212

District Court of Appeal of Florida | Filed: Aug 10, 2010 | Docket: 2399768

Cited 1 times | Published

motion for attorney's fees filed pursuant to section 733.106(2) and affirmed a denial of a claim for attorney's

In Re Amendments to the Fl. Probate Rules

964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

201(21)(23), Fla. Stat. General definitions. § 733.106, Fla. Stat. Costs and attorney's fees. § 744.105

Snyder v. Bell

746 So. 2d 1100, 1999 WL 770672

District Court of Appeal of Florida | Filed: Sep 24, 1999 | Docket: 1360198

Cited 1 times | Published

611. In Dayton, the Third District held that section 733.106, which provides for attorney's fees for services

Nalls v. Millender

721 So. 2d 426, 1998 WL 842775

District Court of Appeal of Florida | Filed: Dec 2, 1998 | Docket: 1694666

Cited 1 times | Published

trial court should have granted her fees under section 733.106(3), Florida Statutes (1997), which provides:

Carman v. Gilbert

641 So. 2d 1323, 19 Fla. L. Weekly Supp. 349, 1994 Fla. LEXIS 991, 1994 WL 286358

Supreme Court of Florida | Filed: Jun 30, 1994 | Docket: 64750599

Cited 1 times | Published

(quoting petition for revocation of probate). . Section 733.106, Florida Statutes (1989), provides for the

Pfeifer v. Varner

452 So. 2d 622

District Court of Appeal of Florida | Filed: Sep 19, 1984 | Docket: 378193

Cited 1 times | Published

benefitted the estate, as opposed to his client. Section 733.106(3),[8] Florida Statutes (1981); In re Estate

Price v. Price (In Re Stalnaker)

19 B.R. 784, 1982 Bankr. LEXIS 4377

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 7, 1982 | Docket: 1781120

Cited 1 times | Published

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

Jesus O. Valentino, Esq. v. in Re: Estate of Pedro E. Andollo

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 70000163

Published

§ 733.6171(1), Fla. Stat. (2022). Accord § 733.106(3), Fla. Stat. (2022) (“Any attorney who has

BARRY KILCOYNE v. JOSEPH P. GEORGE, JR.

District Court of Appeal of Florida | Filed: May 3, 2023 | Docket: 67316857

Published

Stat. (2023); § 733.6175, Fla. Stat. (2023); § 733.106(4), Fla. Stat. (2023); see also In re Est. of

ESTATE OF REONTRE'YH ALONZAE POUNDS v. MILLER & JACOBS

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689416

Published

awarded reasonable compensation from the estate.” § 733.106(3), Fla. Stat. (2020). The Florida Probate Code

SARA CRISTINA BABUN, etc. v. STOK KON + BRAVERMAN, etc.

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677177

Published

reasonable compensation from the estate or trust. § 733.106(3), Fla. Stat. (2021). There is sufficient evidence

Hampton v. Estate of Clifford L. Allen

198 So. 3d 954, 2016 Fla. App. LEXIS 11816, 2016 WL 4158716

District Court of Appeal of Florida | Filed: Aug 5, 2016 | Docket: 4120881

Published

her claim for attorney’s fees because, under section 733.106(3), her attorney’s efforts effectuated Clifford

Anderson v. McDonough

189 So. 3d 265, 2016 WL 1386091, 2016 Fla. App. LEXIS 5393

District Court of Appeal of Florida | Filed: Apr 8, 2016 | Docket: 3052077

Published

his mother’s will. The order .was based on section 733.106, Florida Statutes (2011). As explained in the

Lowell Amey Van Vechten, as personal representative and trustee of the Estate of Nicola H. Amey v. Erica Anyzeski, as personal representative of the Estate of Milton Lain Benjamin

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 2626281

Published

award costs as are equitable.”  Section 733.106(1) states: “In all probate proceedings costs

Bonney v. Bonney

94 So. 3d 702, 2012 WL 3326942, 2012 Fla. App. LEXIS 13561

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60310966

Published

powers.” § 733.609(1), Fla. Stat. (2010). Section 733.106(3) is not implicated because the brother’s

Davis v. Estate of Davis

77 So. 3d 703, 2011 Fla. App. LEXIS 17780, 2011 WL 5375110

District Court of Appeal of Florida | Filed: Nov 9, 2011 | Docket: 60304756

Published

733.613, Fla. Stat. (2008) (emphasis added). Section 733.106, Florida Statutes, provides, in pertinent part

Geary v. Butzel Long, P.C.

13 So. 3d 149, 2009 Fla. App. LEXIS 7286, 2009 WL 1606034

District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 1659651

Published

well as the residuary estate. We noted that section 733.106(4), Florida Statutes, permits the court to

Brindle v. Brindle

994 So. 2d 1174, 2008 WL 4722746

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1666502

Published

604 So.2d 864, 865 (Fla. 5th DCA 1992); cf. § 733.106(3)-(4), Fla. Stat. (2006) (allowing, in proper

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

guardian advocate. § 731.301, Fla. Stat. Notice. § 733.106, Fla. Stat. Costs and attorneys fees. § 733.212

Harding v. Rosoff

951 So. 2d 912, 2007 Fla. App. LEXIS 1787, 2007 WL 461381

District Court of Appeal of Florida | Filed: Feb 14, 2007 | Docket: 64849747

Published

costs for prevailing in the litigation under section 733.106, Florida Statutes (2005), because the litigation

In re Amendments to the Florida Probate Rules

948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 64849101

Published

Statutory References § 731.301, Fla. Stat. Notice. § 733.106, Fla. Stat. Costs and attorney’s fees. § 733.212

Sheets v. Palmer

917 So. 2d 246, 2005 WL 3403620

District Court of Appeal of Florida | Filed: Dec 14, 2005 | Docket: 447658

Published

and 733.817(5)(g), Florida Statutes (2003). Section 733.106(4) addresses only attorney's fees and costs

In re Amendments to the Florida Probate Rules

912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

Statutory References § 731.301, Fla. Stat. Notice. § 733.106, Fla. Stat. Costs and attorney’s fees. § 733.212

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

Fla. Stat. Notice, — method and time;-proof. § 733.106, Fla. Stat. Costs and attorney’s fees. § 733.212

Amendments to the Florida Probate Rules

824 So. 2d 849, 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

Supreme Court of Florida | Filed: May 2, 2002 | Docket: 64817121

Published

731.201(21), Fla. Stat. General definitions. § 733.106, Fla. Stat. Costs and attorney^ fees. § 744.105

Robinson v. Robinson

805 So. 2d 94, 2002 Fla. App. LEXIS 409, 2002 WL 83739

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 64811776

Published

those fees against the Shirley Trust under section 733.106(4), Florida Statutes. We note the probate court

Brophy v. Condon

771 So. 2d 7, 2000 Fla. App. LEXIS 11873

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 64801657

Published

Conger, 448 So.2d 609, 612 (Fla. 3d DCA 1984); § 733.106(1), Fla. Stat. (1997)), we conclude that the trial

Furlong v. Raimi

735 So. 2d 583, 1999 Fla. App. LEXIS 8316, 1999 WL 438842

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 64788900

Published

liability for the appellees’ costs by virtue of section 733.106(2), Florida Statutes (1997). We disagree. The

Solow v. Gotthelf

720 So. 2d 1171, 1998 Fla. App. LEXIS 14901, 1998 WL 824076

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 64784402

Published

PER CURIAM. Affirmed. § 733.106(1), Fla.Stat. (1997); § 733.609, Fla.Stat. (1997); Dayton v. Conger

Brooks v. Degler

712 So. 2d 419, 1998 Fla. App. LEXIS 5711, 1998 WL 256707

District Court of Appeal of Florida | Filed: May 22, 1998 | Docket: 64781310

Published

amount of $337,598.691 out of the estate under section 733.106, Flori*420da Statutes,2 Appellees are nevertheless

Williams v. King

711 So. 2d 1285, 1998 WL 256692

District Court of Appeal of Florida | Filed: May 22, 1998 | Docket: 2577514

Published

appellant's portion of the estate pursuant to section 733.106. AFFIRMED; REVERSED. W. SHARP, and ANTOON,

Lindenmayer v. Harper

699 So. 2d 301, 1997 Fla. App. LEXIS 10550

District Court of Appeal of Florida | Filed: Sep 17, 1997 | Docket: 64775857

Published

Lindenmayer argues that he is allowed, pursuant to section 733.106(3), Florida Statutes (1995), to apply for an

Holley v. First Guaranty Bank & Trust Co.

699 So. 2d 747, 1997 Fla. App. LEXIS 10004, 1997 WL 525224

District Court of Appeal of Florida | Filed: Aug 26, 1997 | Docket: 64775942

Published

costs may be awarded as in chancery actions.” § 733.106(1), Fla.Stat. (1993). Expert witness fees for

Moreno v. Allen

692 So. 2d 957, 1997 Fla. App. LEXIS 4157, 1997 WL 194001

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 64773105

Published

court’s awards, purportedly entered under section 733.106(3), Florida Statutes (1995), of attorneys’

Catanzaro v. Merolla

631 So. 2d 1125, 1994 Fla. App. LEXIS 296, 1994 WL 19059

District Court of Appeal of Florida | Filed: Jan 26, 1994 | Docket: 64746302

Published

nevertheless entitled to attorney’s fees under section 733.106(2), Florida Statutes (Supp.1990). We affirm

Kratz v. Gray

626 So. 2d 971, 1993 Fla. App. LEXIS 9946, 1993 WL 387167

District Court of Appeal of Florida | Filed: Oct 4, 1993 | Docket: 64744039

Published

appeal pursuant to Fla.R.App.P. 9.400 and section 733.106, Florida Statutes (1991). We are without jurisdiction

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

changes in committee notes. Statutory References § 733.106, Fla.Stat. Costs and attorney fees, § 744.105

Ransburg v. Smith

608 So. 2d 49, 1992 Fla. App. LEXIS 9931, 1992 WL 227782

District Court of Appeal of Florida | Filed: Sep 18, 1992 | Docket: 64691769

Published

that the action will benefit the estate. See § 733.106, Fla.Stat. (1991). On January 10, 1992, Maria

Salmon v. Harris, Barrett, Mann & Dew, P.A.

602 So. 2d 608, 1992 Fla. App. LEXIS 6758

District Court of Appeal of Florida | Filed: Jun 26, 1992 | Docket: 64668981

Published

concerning attorney’s fees in estate cases, section 733.106(3), Florida Statutes (1989)). Accordingly under

Wells v. Nieto

592 So. 2d 688, 1991 Fla. App. LEXIS 12864, 1991 WL 259234

District Court of Appeal of Florida | Filed: Dec 10, 1991 | Docket: 64664728

Published

PER CURIAM. Affirmed. See § 733.106, Fla.Stat. (1989).

Feldheim v. Scott

579 So. 2d 291, 1991 Fla. App. LEXIS 4073, 1991 WL 72061

District Court of Appeal of Florida | Filed: May 7, 1991 | Docket: 64658616

Published

attorneys’ fees were awarded pursuant to section 733.106(3), Florida Statutes (1989), which provides

Duncan v. Davis

579 So. 2d 739, 1991 Fla. App. LEXIS 2810

District Court of Appeal of Florida | Filed: Mar 29, 1991 | Docket: 64658780

Published

of the Davises as personal representatives. Section 733.106, Florida Statutes, authorizes the payment of

Lyons v. Smith

576 So. 2d 797, 1991 Fla. App. LEXIS 1868, 1991 WL 29492

District Court of Appeal of Florida | Filed: Mar 8, 1991 | Docket: 64657437

Published

entitled to an award of fees and costs under section 733.-106(2), Florida Statutes (1989). Affirmed. RYDER

In re Estate of Lane

562 So. 2d 352, 1990 Fla. App. LEXIS 2806, 1990 WL 49858

District Court of Appeal of Florida | Filed: Apr 25, 1990 | Docket: 64650931

Published

against them is contrary to the law construing section 733.106(4) Florida Statutes (1987).2 *353We agree.

Baumer v. Howard

542 So. 2d 400, 14 Fla. L. Weekly 867, 1989 Fla. App. LEXIS 1885, 1989 WL 34576

District Court of Appeal of Florida | Filed: Apr 7, 1989 | Docket: 64642119

Published

services were therefore awardable pursuant to Section 733.106(3), Florida Statutes (1985).2 The court determined

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

F.S. 731.301 Notice; method and time; proof. F.S. 733.106 Costs and attorney fees. F.S. 733.212 Notice

Cushing v. Estate of Reynolds

489 So. 2d 1204, 11 Fla. L. Weekly 1310, 1986 Fla. App. LEXIS 8318

District Court of Appeal of Florida | Filed: Jun 10, 1986 | Docket: 64620079

Published

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

Wolf v. Ahlman

475 So. 2d 1337, 10 Fla. L. Weekly 2275, 1985 Fla. App. LEXIS 6112

District Court of Appeal of Florida | Filed: Oct 1, 1985 | Docket: 64614457

Published

attorney’s fees and costs to proponents of wills is Section 733.106, Florida Statutes (1983). This statute provides

Terner v. Rand

442 So. 2d 1038, 1983 Fla. App. LEXIS 25171

District Court of Appeal of Florida | Filed: Dec 13, 1983 | Docket: 64601808

Published

surviving spouse herein under the authority of Section 733.106(4), Florida Statutes (1981). See In re Estate

Narus v. Narus

382 So. 2d 144, 1980 Fla. App. LEXIS 15883

District Court of Appeal of Florida | Filed: Apr 9, 1980 | Docket: 64575479

Published

costs in probate proceedings is discretionary. § 733.106(1), Fla. Stat. (1979). Costs were taxed in this

Rothblatt v. Nedry

373 So. 2d 404, 1979 Fla. App. LEXIS 15229

District Court of Appeal of Florida | Filed: Jul 25, 1979 | Docket: 64571207

Published

properly allowed fees to the wife’s attorneys. Section 733.106(3), Florida Statutes (1975); Johnson v. Burleson

Bayfront Medical Center, Inc. v. Jones

352 So. 2d 1182, 1977 Fla. App. LEXIS 16609

District Court of Appeal of Florida | Filed: Oct 19, 1977 | Docket: 64561787

Published

entitled to an attorney’s fee from that estate. Section 733.106(3), Florida Statutes (1975) (formerly Section

Weinstein v. Nash

339 So. 2d 700, 1976 Fla. App. LEXIS 15997

District Court of Appeal of Florida | Filed: Nov 23, 1976 | Docket: 64556021

Published

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