Florida Statute 733.617 - 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

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F.S. 733.617

733.617 Compensation of personal representative.—

(1) A personal representative shall be entitled to a commission payable from the estate assets without court order as compensation for ordinary services. The commission shall be based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during administration.

(2) A commission computed on the compensable value of the estate is presumed to be reasonable compensation for a personal representative in formal administration as follows:

(a) At the rate of 3 percent for the first $1 million.

(b) At the rate of 2.5 percent for all above $1 million and not exceeding $5 million.

(d) At the rate of 1.5 percent for all above $10 million.

(3) In addition to the previously described commission, a personal representative shall be allowed further compensation as is reasonable for any extraordinary services including, but not limited to:

(a) The sale of real or personal property.

(b) The conduct of litigation on behalf of or against the estate.

(d) The carrying on of the decedent’s business.

(e) Dealing with protected homestead.

(f) Any other special services which may be necessary for the personal representative to perform.

(4) If the will provides that a personal representative’s compensation shall be based upon specific criteria, other than a general reference to commissions allowed by law or words of similar import, including, but not limited to, rates, amounts, commissions, or reference to the personal representative’s regularly published schedule of fees in effect at the decedent’s date of death, or words of similar import, then a personal representative shall be entitled to compensation in accordance with that provision. 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 renounce the right to all or any part of the compensation.

(5) If the probate estate’s compensable value is $100,000 or more, and there are two representatives, each personal representative is entitled to the full commission allowed to a sole personal representative. If there are more than two personal representatives and the probate estate’s compensable value is $100,000 or more, the compensation to which two would be entitled must be apportioned among the personal representatives. The basis for apportionment shall be one full commission allowed to the personal representative who has possession of and primary responsibility for administration of the assets and one full commission among the remaining personal representatives according to the services rendered by each of them respectively. If the probate estate’s compensable value is less than $100,000 and there is more than one personal representative, then one full commission must be apportioned among the personal representatives according to the services rendered by each of them respectively.

(6) Except as otherwise provided in this section, if the personal representative is a member of The Florida Bar and has rendered legal services in connection with the administration of the estate, then in addition to a fee as personal representative, there also shall be allowed a fee for the legal services rendered.

(7) Upon petition of any interested person, the court may increase or decrease the compensation for ordinary services of the personal representative or award compensation for extraordinary services if the facts and circumstances of the particular administration warrant. In determining reasonable compensation, the court shall consider all of the following factors, giving weight to each as it determines to be appropriate:

(a) The promptness, efficiency, and skill with which the administration was handled by the personal representative;

(b) The responsibilities assumed by and the potential liabilities of the personal representative;

(d) The benefits or detriments resulting to the estate or interested persons from the personal representative’s services;

(e) The complexity or simplicity of the administration and the novelty of the issues presented;

(f) The personal representative’s participation in tax planning for the estate and the estate’s beneficiaries and in tax return preparation, review, or approval;

(g) The nature of the probate, nonprobate, and exempt assets, the expenses of administration, the liabilities of the decedent, and the compensation paid to other professionals and fiduciaries;

(h) Any delay in payment of the compensation after the services were furnished; and

(i) Any other relevant factors.

(8)(a) An attorney serving as a personal representative, or a person related to the attorney, is not entitled to compensation for serving as a personal representative if the attorney prepared or supervised the execution of the will that nominated the attorney or person related to the attorney as personal representative, unless the attorney or person nominated is related to the testator, or the attorney makes the following disclosures to the testator before the will is executed:

1. Subject to certain statutory limitations, most family members, regardless of their residence, and any other persons who are residents of Florida, including friends and corporate fiduciaries, are eligible to serve as a personal representative;

2. Any person, including an attorney, who serves as a personal representative is entitled to receive reasonable compensation for serving as a personal representative; and

3. Compensation payable to the personal representative is in addition to any attorney fees payable to the attorney or the attorney’s firm for legal services rendered to the personal representative.

(b)1. The testator must execute a written statement acknowledging that the disclosures required under paragraph (a) were made prior to the execution of the will. The written statement must be in a separate writing from the will but may be annexed to the will. The written statement may be executed before or after the execution of the will in which the attorney or related person is nominated as the personal representative.

2. The written statement must be in substantially the following form:

I, (Name) , declare that:

I have designated my attorney, an attorney employed in the same law firm as my attorney, or a person related to my attorney as a nominated personal representative in my will or codicil dated (insert date) .

Before executing the will or codicil, I was informed that:

1. Subject to certain statutory limitations, most family members, regardless of their residence, and any other individuals who are residents of Florida, including friends and corporate fiduciaries, are eligible to serve as a personal representative.

2. Any person, including an attorney, who serves as a personal representative is entitled to receive reasonable compensation for serving as a personal representative.

3. Compensation payable to the personal representative is in addition to any attorney fees payable to the attorney or the attorney’s firm for legal services rendered to the personal representative.

(Signature)

(Testator)

(Insert date)

1. An attorney is deemed to have prepared or supervised the execution of a will if the preparation or supervision of the execution of the will was performed by an employee or attorney employed by the same firm as the attorney at the time the will was executed.

2. A person is “related” to an individual if, at the time the attorney prepared or supervised the execution of the will, the person is:

a. A spouse of the individual;

b. A lineal ascendant or descendant of the individual;

c. A sibling of the individual;

d. A relative of the individual or of the individual’s spouse with whom the attorney maintains a close, familial relationship;

e. A spouse of a person described in sub-subparagraphs b.-d.;

f. A person who cohabitates with the individual; or

g. An employee or attorney employed by the same firm as the attorney at the time the will is executed.

3. An attorney or a person related to the attorney is deemed to have been nominated in the will when the will nominates the attorney or the person related to the attorney as personal representative, copersonal representative, successor, or alternate personal representative in the event another person nominated is unable to or unwilling to serve, or provides the attorney or any person related to the attorney with the power to nominate the personal representative and the attorney or person related to the attorney was nominated using that power.

(d) Other than compensation payable to the personal representative, this subsection does not limit any rights or remedies that any interested person may have at law or in equity.

(e) The failure to obtain an acknowledgment from the testator under this subsection does not disqualify a personal representative from serving and does not affect the validity of a will.

(f) This subsection applies to all nominations made pursuant to a will:

1. Executed by a resident of this state on or after October 1, 2020; or

2. Republished by a resident of this state on or after October 1, 2020, if the republished will nominates the attorney who prepared or supervised the execution of the instrument that republished the will, or a person related to such attorney, as personal representative.

History.—s. 1, ch. 74-106; s. 80, ch. 75-220; s. 1, ch. 76-172; s. 5, ch. 88-340; s. 1, ch. 90-129; s. 10, ch. 93-257; s. 1, ch. 95-401; s. 141, ch. 2001-226; s. 109, ch. 2002-1; s. 8, ch. 2020-67.

Note.—Created from former s. 734.01.

F.S. 733.617 on Google Scholar

F.S. 733.617 on CourtListener

Amendments to 733.617

Annotations, Discussions, Cases:

Cases Citing Statute 733.617

Total Results: 43

Bitterman v. Bitterman

714 So. 2d 356, 1998 WL 136196

Supreme Court of Florida | Filed: Mar 26, 1998 | Docket: 461699

Cited 48 times | Published

College cases arises out of the application of section 733.617, Florida Statutes (1993), a section of the

In Re Estate of Platt

586 So. 2d 328, 16 Fla. L. Weekly Supp. 640, 1991 Fla. LEXIS 1701, 1991 WL 195849

Supreme Court of Florida | Filed: Oct 3, 1991 | Docket: 1742614

Cited 23 times | Published

fees and personal representative fees under section 733.617, Florida Statutes (1987)." Id. at 1114. We

In Re Estate of Beeman

391 So. 2d 276

District Court of Appeal of Florida | Filed: Dec 3, 1980 | Docket: 1653736

Cited 17 times | Published

meruit and upon the criteria established by Section 733.617, Florida Statutes (1977). It is the validity

Beck v. Beck

383 So. 2d 268

District Court of Appeal of Florida | Filed: May 6, 1980 | Docket: 1512413

Cited 15 times | Published

appraisers and other agents employed by him. § 733.617, Fla. Stat. (1977). However, Dawn's challenge

The Florida Bar v. Garland

651 So. 2d 1182, 1995 WL 94421

Supreme Court of Florida | Filed: Mar 9, 1995 | Docket: 476743

Cited 10 times | Published

at least three percent of the $590,000 estate. § 733.617(2)(a), Fla. Stat. (1993). As attorney for the

In Re Estate of Johnson

566 So. 2d 1345, 1990 WL 129668

District Court of Appeal of Florida | Filed: Sep 12, 1990 | Docket: 547317

Cited 6 times | Published

the estate of amounts in excess of that fee. Section 733.617 (1987), Florida Statutes, governs the assessment

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

award of Roby's fees, but the application of section 733.617(7), Florida Statutes (1993) is the only one

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

Bank-Central, 667 So.2d 456 (Fla. 4th DCA 1996). Section 733.617, Florida Statutes, provides for compensation

Zepeda v. Klein

698 So. 2d 329, 1997 WL 448524

District Court of Appeal of Florida | Filed: Aug 6, 1997 | Docket: 434563

Cited 4 times | Published

(Fla.1991). Platt involved the application of section 733.617, Florida Statutes (1989), which provided that

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

at a rate to be determined as provided in Section 733.617, Florida Statutes (1979).

Bitterman v. Bitterman

685 So. 2d 861

District Court of Appeal of Florida | Filed: Oct 2, 1996 | Docket: 1414955

Cited 3 times | Published

1991). The first matter in dispute is whether section 733.617, Florida Statutes (1991), or section 733.6171(7)

In Re Estate of Platt

546 So. 2d 1114, 14 Fla. L. Weekly 1615, 1989 Fla. App. LEXIS 3802, 1989 WL 73806

District Court of Appeal of Florida | Filed: Jul 7, 1989 | Docket: 1107874

Cited 3 times | Published

fees and personal representative fees under section 733.617, Florida Statutes (1987). Further, the testimony

Sheffield v. Dallas

417 So. 2d 796

District Court of Appeal of Florida | Filed: Aug 4, 1982 | Docket: 1384133

Cited 3 times | Published

personal representative in a probate proceeding. § 733.617, Fla. Stat. (1981).[1] The trial court properly

United States v. F. Gordon Spoor

838 F.3d 1197, 118 A.F.T.R.2d (RIA) 6018, 2016 U.S. App. LEXIS 17973, 2016 WL 5750986

Court of Appeals for the Eleventh Circuit | Filed: Oct 4, 2016 | Docket: 4468899

Cited 2 times | Published

compensation for ordinary services,” Fla. Stat. § 733.617(1), and “[a] trustee is entitled to be reimbursed

Angelus v. Pass

868 So. 2d 571, 2004 WL 305793

District Court of Appeal of Florida | Filed: Feb 11, 2004 | Docket: 1510613

Cited 2 times | Published

electing to be compensated for services under Section 733.617, Florida Statutes (2003). Angelus, who is a

In Re Estate of Warwick

543 So. 2d 449, 14 Fla. L. Weekly 1280, 1989 Fla. App. LEXIS 2919, 1989 WL 53351

District Court of Appeal of Florida | Filed: May 24, 1989 | Docket: 2574382

Cited 2 times | Published

Florida, Inc., 488 So.2d 873 (Fla. 1st DCA 1986); § 733.617, Fla. Stat. (1987). Considering the gross value

Schreiber v. Palmer

427 So. 2d 235

District Court of Appeal of Florida | Filed: Feb 15, 1983 | Docket: 1895713

Cited 2 times | Published

consideration of the record, and an application of Section 733.617, Florida Statutes (1979) (the attorney fees

In Re Estate of Wylie

342 So. 2d 996, 1977 Fla. App. LEXIS 15021

District Court of Appeal of Florida | Filed: Feb 4, 1977 | Docket: 1521299

Cited 2 times | Published

reverse the order under review. NOTES [1] Section 733.617, Florida Statutes, effective 1975, alleviates

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

for the personal representative; exceptions. § 733.617, Fla. Stat. Compensation of personal representative

Teague v. Estate of Hoskins

709 So. 2d 1373, 1998 WL 190403

Supreme Court of Florida | Filed: Apr 23, 1998 | Docket: 1278634

Cited 1 times | Published

Class 1 priority status to the obligation. See § 733.617(7), Fla. Stat. (1995) (compensation for personal

ZAINA MATTHIESEN, etc. v. IN RE: ESTATE OF LAURISSE MASRI

District Court of Appeal of Florida | Filed: May 11, 2022 | Docket: 63301670

Published

4 in such decision. See § 733.617(7), Fla. Stat. (2021); Bock v. Diener, 571 So

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

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

Published

order as compensation for ordinary services.” § 733.617(1), Fla. Stat. (2020). “A commission computed

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

for the personal representative; exceptions. § 733.617, Fla. Stat. Compensation of personal representative

Venis v. Greenspan

833 So. 2d 208, 2002 Fla. App. LEXIS 19031, 2002 WL 31828445

District Court of Appeal of Florida | Filed: Dec 18, 2002 | Docket: 64819594

Published

fees based on the sliding scales provided in section 733.617 for the P.R. and section 733.6171 for counsel

Marvin & Kay Lichtman Foundation v. In re Estate of Lichtman

773 So. 2d 1232, 2000 Fla. App. LEXIS 16255, 2000 WL 1817136

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 64802575

Published

that this award is improper and argued that section 733.617(5)7 violates the equal protection and due process

Winston v. Bankers Trust Co.

755 So. 2d 690, 1999 Fla. App. LEXIS 10468, 1999 WL 565844

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 64796730

Published

Both parties agree the relevant statute is section 733.617, Florida Statutes (1985).1 Our review of the'record

First of America Bank-Central v. Sitomer

696 So. 2d 876, 1997 Fla. App. LEXIS 6145, 1997 WL 291955

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 64774848

Published

concluding, we do not reach the question of whether section 733.617, Florida Statutes (Supp.1990), controls the

Jones v. Dunning

661 So. 2d 941, 1995 Fla. App. LEXIS 10988, 1995 WL 613191

District Court of Appeal of Florida | Filed: Oct 20, 1995 | Docket: 64759520

Published

fees, should follow the guidelines set out in section 733.617(1), Florida Statutes (1987) and Florida Patient’s

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

taking into account the criteria established in section 733.617, Florida Statutes (1991). In re Estate of Platt

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

301, Fla.Stat. Notice; method and time; proof. § 733,617, Fla.Stat. Compensation of personal representatives

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

301, Fla.Stat. Notice; method and time; proof. § 733,617, Fla.Stat. Compensation of personal representatives

Phipps v. Estate of Burdine

586 So. 2d 381, 1991 Fla. App. LEXIS 7732, 1991 WL 148348

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 64661758

Published

course, entitled to reasonable compensation.1 Section 733.617, Fla.Stat. (1987). The, trial court found that

Moyle v. Moschell

582 So. 2d 111, 1991 Fla. App. LEXIS 6124, 1991 WL 116856

District Court of Appeal of Florida | Filed: Jul 2, 1991 | Docket: 64659999

Published

the Florida Supreme Court held that under section 733.617(1)1 “trial judges were required to take into

In re Estate of Bryan

576 So. 2d 344, 16 Fla. L. Weekly 526, 1991 Fla. App. LEXIS 1336

District Court of Appeal of Florida | Filed: Feb 20, 1991 | Docket: 64657303

Published

it hires, the trial court is controlled by section 733.617, Florida Statutes (1987), regardless of the

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

applying either the factors set forth in section 733.617, Florida Statutes (1987), or the criteria of

In re Estate of Goodwin

511 So. 2d 609, 12 Fla. L. Weekly 1557, 1987 Fla. App. LEXIS 9020

District Court of Appeal of Florida | Filed: Jun 24, 1987 | Docket: 64628958

Published

personal repre*615sentative in a probate proceeding. § 733.617, Fla.Stat. (1981). Id. at 798. (footnote omitted)

Dougherty v. Evans

497 So. 2d 920, 11 Fla. L. Weekly 2403, 1986 Fla. App. LEXIS 10573

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 64623057

Published

consideration of the factors set forth in section 733.617, Florida Statutes, can render the most accurate

Florida National Bank v. Glock

495 So. 2d 280, 11 Fla. L. Weekly 2112, 1986 Fla. App. LEXIS 9943

District Court of Appeal of Florida | Filed: Oct 3, 1986 | Docket: 64622047

Published

present evidence on the factors enumerated in section 733.-617, Florida Statutes (1985), would be a violation

University of Florida Foundation, Inc. v. Miller

478 So. 2d 482, 28 Educ. L. Rep. 1185, 10 Fla. L. Weekly 2538, 1985 Fla. App. LEXIS 16787

District Court of Appeal of Florida | Filed: Nov 14, 1985 | Docket: 64615521

Published

instead to claim compensation pursuant to Section 733.617(1), Florida Statutes (1981). We reverse the

Goldworn v. Estate of Day

452 So. 2d 659, 1984 Fla. App. LEXIS 14215

District Court of Appeal of Florida | Filed: Jul 17, 1984 | Docket: 64605782

Published

him should have been charged to the estate. Section 733.617, Florida Statutes (Supp.1976), the controlling

Florida Bar

387 So. 2d 949, 1980 Fla. LEXIS 4351

Supreme Court of Florida | Filed: Sep 4, 1980 | Docket: 64578001

Published

intended to fully comply with the provision of section 733.617, Florida Statutes (1975). Its disclosure provisions

Borough of Lewisberry v. Adair

380 So. 2d 1315, 1980 Fla. App. LEXIS 23639

District Court of Appeal of Florida | Filed: Mar 18, 1980 | Docket: 64574962

Published

Estate of Dean, 144 So.2d 65 (Fla.2d DCA 1962); § 733.617(1), Fla.Stat. (1979).

In re Supplemental Petition for Changes in the Florida Rules of Probate & Guardianship Procedure

344 So. 2d 828, 1977 Fla. LEXIS 3890

Supreme Court of Florida | Filed: Mar 31, 1977 | Docket: 64558090

Published

intended to fully comply with the provision of Section 733.617, Florida Statutes (1975). Its disclosure provisions