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The 2024 Florida Statutes
(including 2025 Special Session C)
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F.S. 733.6171733.6171 Compensation of attorney for the personal representative.—(1) Except as provided in paragraph (2)(d), attorneys for personal representatives are entitled to reasonable compensation payable from the estate assets without court order. (2)(a) The attorney, the personal representative, and persons bearing the impact of the compensation may agree to compensation determined in a different manner than provided in this section. Compensation may also be determined in a different manner than provided in this section if the manner is disclosed to the parties bearing the impact of the compensation and if no objection is made as provided for in the Florida Probate Rules. (b) An attorney representing a personal representative in an estate administration who intends to charge a fee based upon the schedule set forth in subsection (3) shall make the following disclosures in writing to the personal representative:1. There is not a mandatory statutory attorney fee for estate administration. 2. The attorney fee is not required to be based on the size of the estate, and the presumed reasonable fee provided in subsection (3) may not be appropriate in all estate administrations. 3. The fee is subject to negotiation between the personal representative and the attorney. 4. The selection of the attorney is made at the discretion of the personal representative, who is not required to select the attorney who prepared the will. 5. The personal representative shall be entitled to a summary of ordinary and extraordinary services rendered for the fees agreed upon at the conclusion of the representation. The summary shall be provided by counsel and shall consist of the total hours devoted to the representation or a detailed summary of the services performed during the representation. (c) The attorney shall obtain the personal representative’s timely signature acknowledging the disclosures. (d) If the attorney does not make the disclosures required by this section, the attorney may not be paid for legal services without prior court approval of the fees or the written consent of all interested parties. (3) Subject to subsection (2), compensation for ordinary services of attorneys in a formal estate administration is presumed to be reasonable if 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 the administration as provided in the following schedule:(a) One thousand five hundred dollars for estates having a value of $40,000 or less. (b) An additional $750 for estates having a value of more than $40,000 and not exceeding $70,000. (c) An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000. (d) For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000. (e) At the rate of 2.5 percent for all above $1 million and not exceeding $3 million. (f) At the rate of 2 percent for all above $3 million and not exceeding $5 million. (g) At the rate of 1.5 percent for all above $5 million and not exceeding $10 million. (h) At the rate of 1 percent for all above $10 million. (4) Subject to subsection (2), in addition to fees for ordinary services, the attorney for the personal representative shall be allowed further reasonable compensation for any extraordinary service. What is an extraordinary service may vary depending on many factors, including the size and complexity of the estate. Extraordinary services may include, but are not limited to:(a) Involvement in a will contest, will construction, a proceeding for determination of beneficiaries, a contested claim, elective share proceeding, apportionment of estate taxes, or any adversarial proceeding or litigation by or against the estate. (b) Representation of the personal representative in audit or any proceeding for adjustment, determination, or collection of any taxes. (c) Tax advice on postmortem tax planning, including, but not limited to, disclaimer, renunciation of fiduciary commission, alternate valuation date, allocation of administrative expenses between tax returns, the QTIP or reverse QTIP election, allocation of GST exemption, qualification for Internal Revenue Code ss. 6166 and 303 privileges, deduction of last illness expenses, fiscal year planning, distribution planning, asset basis considerations, handling income or deductions in respect of a decedent, valuation discounts, special use and other valuation, handling employee benefit or retirement proceeds, prompt assessment request, or request for release of personal liability for payment of tax. (d) Review of estate tax return and preparation or review of other tax returns required to be filed by the personal representative. (e) Preparation of the estate’s federal estate tax return. If this return is prepared by the attorney, a fee of one-half of 1 percent up to a value of $10 million and one-fourth of 1 percent on the value in excess of $10 million of the gross estate as finally determined for federal estate tax purposes, is presumed to be reasonable compensation for the attorney for this service. These fees shall include services for routine audit of the return, not beyond the examining agent level, if required. (f) Purchase, sale, lease, or encumbrance of real property by the personal representative or involvement in zoning, land use, environmental, or other similar matters. (g) Legal advice regarding carrying on of the decedent’s business or conducting other commercial activity by the personal representative. (h) Legal advice regarding claims for damage to the environment or related procedures. (i) Legal advice regarding homestead status of real property or proceedings involving that status and services related to protected homestead. (j) Involvement in fiduciary, employee, or attorney compensation disputes. (k) Proceedings involving ancillary administration of assets not subject to administration in this state. (5) Upon petition of any interested person, the court may increase or decrease the compensation for ordinary services of the attorney 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 attorney. (b) The responsibilities assumed by and the potential liabilities of the attorney. (c) The nature and value of the assets that are affected by the decedent’s death. (d) The benefits or detriments resulting to the estate or interested persons from the attorney’s services. (e) The complexity or simplicity of the administration and the novelty of issues presented. (f) The attorney’s participation in tax planning for the estate and the estate’s beneficiaries and 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. (i) Any agreement relating to the attorney’s compensation and whether written disclosures were made to the personal representative in a timely manner under the circumstances pursuant to subsection (2). (j) Any other relevant factors. (6) If a separate written agreement regarding compensation exists between the attorney and the decedent, the attorney shall furnish a copy to the personal representative prior to commencement of employment, and, if employed, shall promptly file and serve a copy on all interested persons. A separate agreement or a provision in the will suggesting or directing that the personal representative retain a specific attorney does not obligate the personal representative to employ the attorney or obligate the attorney to accept the representation, but if the attorney who is a party to the agreement or who drafted the will is employed, the compensation paid shall not exceed the compensation provided in the agreement or in the will. History.—s. 4, ch. 93-257; s. 2, ch. 95-401; s. 142, ch. 2001-226; s. 1, ch. 2021-145.
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Annotations, Discussions, Cases:
Cases Citing Statute 733.6171
Total Results: 30
714 So. 2d 356, 1998 WL 136196
Supreme Court of Florida | Filed: Mar 26, 1998 | Docket: 461699
Cited 48 times | Published
was covered by newly created section 733.6171. In addition, section 733.6171(7) allowed an attorney to recover
820 So. 2d 891, 27 Fla. L. Weekly Supp. 369, 2002 Fla. LEXIS 830, 2002 WL 730701
Supreme Court of Florida | Filed: Apr 25, 2002 | Docket: 1362682
Cited 17 times | Published
entitled to an approximate fee of $3435 under section 733.6171, Florida Statutes (2000).
The referee found
651 So. 2d 1182, 1995 WL 94421
Supreme Court of Florida | Filed: Mar 9, 1995 | Docket: 476743
Cited 10 times | Published
the services of persons under his supervision. § 733.6171(3), Fla. Stat. (1993). Even though the record
17 So. 3d 711, 2009 Fla. App. LEXIS 6892, 2009 WL 1531644
District Court of Appeal of Florida | Filed: Jun 3, 2009 | Docket: 1141410
Cited 8 times | Published
entitled to receive reasonable compensation. § 733.6171, Fla. Stat. (2007). "[A] probate court should
695 So. 2d 714, 1996 WL 419325
District Court of Appeal of Florida | Filed: Jul 29, 1996 | Docket: 52241
Cited 8 times | Published
as a cautionary measure, urging that under section 733.6171, Florida Statutes, the personal representative
670 So. 2d 1118, 1996 WL 139192
District Court of Appeal of Florida | Filed: Mar 29, 1996 | Docket: 1671237
Cited 5 times | Published
added to the Probate Code took effect. Under section 733.6171, Florida Statutes (1993),[2] compensation
698 So. 2d 329, 1997 WL 448524
District Court of Appeal of Florida | Filed: Aug 6, 1997 | Docket: 434563
Cited 4 times | Published
SHAHOOD, JJ., concur.
NOTES
[1] The passage of section 733.6171(8), Florida Statutes (1995), superseded the
767 So. 2d 500
District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 1661623
Cited 3 times | Published
representative] without receiving expert testimony." § 733.6171(6), Fla. Stat. (1997).
For a different reason
683 So. 2d 78, 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880
Supreme Court of Florida | Filed: Oct 3, 1996 | Docket: 466033
Cited 3 times | Published
intended to conform to a 1995 amendment of section 733.6171, Florida Statutes, regarding disclosure of
685 So. 2d 861
District Court of Appeal of Florida | Filed: Oct 2, 1996 | Docket: 1414955
Cited 3 times | Published
Accordingly, the court determined that, pursuant to section 733.6171, Florida Statutes (1993), said fees are compensable
667 So. 2d 456, 1996 WL 34039
District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 454555
Cited 2 times | Published
Sitomer's award reasonable compensation under section 733.6171, Florida Statutes (1993).
Alvin Sitomer was
656 So. 2d 622, 1995 WL 385409
District Court of Appeal of Florida | Filed: Jun 30, 1995 | Docket: 1283717
Cited 2 times | Published
Chief Judge.
The issue in this case is whether section 733.6171, Florida Statutes, enacted in 1993, controls
518 B.R. 655, 2014 U.S. Dist. LEXIS 132342, 2014 WL 4683182
District Court, M.D. Florida | Filed: Sep 19, 2014 | Docket: 65516906
Cited 1 times | Published
pursuant to the provisions of Florida Statutes § 733.6171 and § 737.2041,” but included no calculation
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
Stat. Compensation of personal representative.
§ 733.6171, Fla. Stat. Compensation of attorney for the
District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 70000163
Published
estate assets without court order.” §
733.6171(1), Fla. Stat. (2022). Accord § 733.106(3), Fla
District Court of Appeal of Florida | Filed: Sep 18, 2024 | Docket: 69171513
Published
the residuary beneficiary of the estate. “Section 733.6171(5) of the
Probate Code, which governs the
District Court of Appeal of Florida | Filed: Nov 24, 2021 | Docket: 61574106
Published
,
604 So. 2d 452, 455 (Fla. 1992).
Section 733.6171(5) of the Probate Code, which governs the
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
specific fee waiver disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all
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
compensation disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all
898 So. 2d 1106, 2005 Fla. App. LEXIS 4302, 2005 WL 711761
District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 64837450
Published
those services. The Florida Probate Code in section 733.6171(4), Florida Statutes (2003), provides that
868 So. 2d 673, 2004 Fla. App. LEXIS 4081, 2004 WL 624954
District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 64829008
Published
representative, pursuant to the factors contained in section 733.6171, Florida Statutes (2001).
AFFIRMED in part;
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
specific fee waiver disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all
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
provided in section 733.617 for the P.R. and section 733.6171 for counsel, and no additional fees for extraordinary
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
unless-the disclosure is waived pursuant-to Section 733.6171-(-9)-ef the Florida Statutes-by the parties
750 So. 2d 33, 1999 Fla. App. LEXIS 3142, 1999 WL 140598
District Court of Appeal of Florida | Filed: Mar 17, 1999 | Docket: 64794490
Published
support the fee awarded.
Appellee points to section 733.6171(3), Florida Statutes (1993),1 as support for
728 So. 2d 339, 1999 Fla. App. LEXIS 2674, 1999 WL 129460
District Court of Appeal of Florida | Filed: Mar 12, 1999 | Docket: 64786817
Published
from her portion of the Estate and Trust.
Section 733.6171, Florida Statutes, sets forth the bases for
725 So. 2d 385, 1998 Fla. App. LEXIS 15022, 1998 WL 842695
District Court of Appeal of Florida | Filed: Dec 2, 1998 | Docket: 64785923
Published
statutory authority to which Boose, Casey points, section 733.6171, does not apply to this case. Bitterman v
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
witness; (5) the probate court’s finding that section 733.6171, Florida Statutes (1995), applied retroactively
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
to an award of attorneys fees pursuant to section 733.6171(7), Florida Statutes (1993), for their representation
657 So. 2d 1281, 1995 Fla. App. LEXIS 8036, 1995 WL 437385
District Court of Appeal of Florida | Filed: Jul 26, 1995 | Docket: 64757872
Published
circuit court which declared unconstitutional section 733.6171,Florida Statutes (1993), and denied a petition
