Florida Statute 733.6175 - 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. 733.6175

733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.—

(1) The court may review the propriety of the employment of any person employed by the personal representative and the reasonableness of any compensation paid to that person or to the personal representative.

(2) Court proceedings to determine reasonable compensation of the personal representative or any person employed by the personal representative, if required, are a part of the estate administration process, and the costs, including attorneys’ fees, of the person assuming the burden of proof of propriety of the employment and reasonableness of the compensation shall be determined by the court and paid from the assets of the estate unless the court finds the requested compensation to be substantially unreasonable. The court shall direct from which part of the estate the compensation shall be paid.

(3) The burden of proof of propriety of the employment and the reasonableness of the compensation shall be upon the personal representative and the person employed. Any person who is determined to have received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.

(4) The court may determine reasonable compensation for the personal representative or any person employed by the personal representative without receiving expert testimony. Any party may offer expert testimony after notice to interested persons. If expert testimony is offered, a reasonable expert witness fee shall be awarded by the court and paid from the assets of the estate. The court shall direct from what part of the estate the fee shall be paid.

History.—s. 2, ch. 76-172; s. 1014, ch. 97-102; s. 143, ch. 2001-226.

F.S. 733.6175 on Google Scholar

F.S. 733.6175 on CourtListener

Amendments to 733.6175

Annotations, Discussions, Cases:

Cases Citing Statute 733.6175

Total Results: 39

Beck v. Beck

383 So. 2d 268

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

Cited 15 times | Published

challenge to payment of that compensation invoked Section 733.6175, Florida Statutes (1977), which placed the

In Re Estate of Catapane

759 So. 2d 9, 2000 WL 257099

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 1736345

Cited 10 times | Published

733.609, 733.610, 733.619, Fla. Stat. Under section 733.6175, Florida Statutes, the code provides for proceedings

In Re Amendments to the Florida Probate Rules

584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

Supreme Court of Florida | Filed: Aug 22, 1991 | Docket: 1515221

Cited 5 times | Published

representative's right to sell real property. § 733.6175, Fla. Stat. Proceedings for review of employment

Richardson v. Jones

508 So. 2d 739, 12 Fla. L. Weekly 1354

District Court of Appeal of Florida | Filed: May 29, 1987 | Docket: 1153477

Cited 4 times | Published

Jones less the $2,650.29 allowed by the court. Section 733.6175, Florida Statutes (1985), provides that "Any

Amendments to Florida Probate Rules

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

rule implementation of the procedure found in section 733.6175, Florida Statutes. It is not intended to change

Bitterman v. Bitterman

685 So. 2d 861

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

Cited 3 times | Published

733.6171, Florida Statutes (1993) along with section 733.6175, Florida Statutes (1993), the statute which

Rogers & Wells v. Winston

662 So. 2d 1303, 1995 WL 621360

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 1282785

Cited 3 times | Published

employment of agents was commenced pursuant to section 733.6175, Florida Statutes, was sufficient to comply

Kathleen G. Kozinski, etc. v. Amy Stabenow and Nora Faul

152 So. 3d 650, 2014 Fla. App. LEXIS 18086, 2014 WL 5611595

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592849

Cited 2 times | Published

their petition in a probate case pursuant to section 733.6175 (Proceedings for review of employment of agents

Bookman v. Davidson

136 So. 3d 1276, 2014 WL 1772707, 2014 Fla. App. LEXIS 6472

District Court of Appeal of Florida | Filed: May 5, 2014 | Docket: 60239968

Cited 2 times | Published

proceedings, which currently remain pending.” Section 733.6175(2), Florida Statutes, provides that “[c]ourt

Winston v. Winston

610 So. 2d 1323, 1992 Fla. App. LEXIS 12834

District Court of Appeal of Florida | Filed: Dec 23, 1992 | Docket: 64693104

Cited 2 times | Published

who may bear the impact of such payment. See § 733.6175, Fla.Stat. (1991); see also Sheffield v. Dallas

Faulkner v. Woodruff

159 So. 3d 319, 2015 Fla. App. LEXIS 3185, 2015 WL 968723

District Court of Appeal of Florida | Filed: Mar 6, 2015 | Docket: 60246561

Cited 1 times | Published

personal representative of the Estate.2 He cited section 733.6175, Florida Statutes (2010), and Florida Probate

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

representative's right to sell real property. § 733.6175, Fla. Stat. Proceedings for review of employment

In Re Amendments to the Florida Probate Rules

959 So. 2d 1170, 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 1525727

Cited 1 times | Published

representative's right to sell real property. § 733.6175, Fla. Stat. Proceedings for review of employment

BARRY KILCOYNE v. JOSEPH P. GEORGE, JR.

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

Published

fee dispute. § 26.012(2)(b), Fla. Stat. (2023); § 733.6175, Fla. Stat. (2023); § 733.106(4), Fla. Stat

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680655

Published

implementation of the procedure formerly found in section 733.6175, Florida Statutes. It is not intended to change

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60688689

Published

implementation of the procedure formerly found in section 733.6175, Florida Statutes. It is not intended to change

Neal Simmons v. Estate of Dr. Adrienne S. Baranowitz and Merrill Lynch Trust Company

189 So. 3d 819, 2015 Fla. App. LEXIS 6733

District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 2679354

Published

compensation which they received. See § 733.6175(3), Fla. Stat. (2010) (“The burden of proof of

Vazza v. Estate of Vazza

144 So. 3d 698, 2014 WL 4082864, 2014 Fla. App. LEXIS 12812

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 60242539

Published

So.2d 1323, 1325 (Fla. 4th DCA 1992) (citing § 733.6175, Fla. Stat. (1991)) (“[T]he Florida probate court

Richard W. Vazza and Stephen F. Vazza v. Estate of Richard R. Vazza

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1119783

Published

So. 2d 1323, 1325 (Fla. 4th DCA 1992) (citing § 733.6175, Fla. Stat. (1991)) (“[T]he Florida probate court

Gaines v. DeWITT

41 So. 3d 951, 2010 Fla. App. LEXIS 10452, 2010 WL 2790931

District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 1239091

Published

497 So.2d 920, 921 (Fla. 2d DCA 1986); see also § 733.6175, Fla. Stat. (2007) (providing person determined

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

grounds, 714 So.2d 356 (Fla.1998). Pursuant to section 733.6175(2), Florida Statutes: Court proceedings to

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

Notice of administration; filing of objections. § 733.6175, Fla. Stat. Proceedings for review of employment

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

Notice of administration; filing of objections. § 733.6175, Fla. Stat. Proceedings for review of employment

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

Notice of administration; filing of objections. § 733.6175, Fla. Stat. Proceedings for review of employment

Foreman v. Northern Trust Bank of Florida, N.A.

905 So. 2d 276, 2005 Fla. App. LEXIS 10469, 2005 WL 1553963

District Court of Appeal of Florida | Filed: Jul 6, 2005 | Docket: 64839393

Published

reasonable expert witness fees pursuant to section 733.6175(4), Florida Statutes (2003), which makes such

Baumann v. Estate of Blum

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

witness fees from the assets of the estate. Section 733.6175(4) mandates that if expert testimony is offered

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

administration; filing of objections and claims. § 733.6175, Fla. Stat. Proceedings for review of employment

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

on his appeal as well as the cross-appeal. Section 733.6175(2), Florida Statutes (1992), formerly section

Onofrio v. Johnston & Sasser, P.A.

782 So. 2d 1019, 2001 Fla. App. LEXIS 5732, 2001 WL 427353

District Court of Appeal of Florida | Filed: Apr 27, 2001 | Docket: 64804912

Published

Onofrio’s request for recovery of the fees was section 733.6175, Florida Statutes (1996).1 J & S argues that

Amendments to the Florida Probate Rules

778 So. 2d 272, 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 64803740

Published

representative’s right to sell real property. § 733.6175, Fla. Stat. Proceedings for review of employment

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

this objection below specifically pursuant to section 733.6175, Florida Statutes (1991), appellee was under

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

representative’s right to sell real property. § 733.6175, Fla.Stat. Proceedings for review of employment

Walker v. Tindall

567 So. 2d 50, 1990 Fla. App. LEXIS 7352, 1990 WL 140303

District Court of Appeal of Florida | Filed: Sep 26, 1990 | Docket: 64653177

Published

correctness” of the amounts of the payments. See § 733.6175, Fla.Stat. (1987). The trial court also erred

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

administration; filing of objections and claims. F.S. 733.6175 Proceedings for review of _ employment of agents

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

administration; filing of objections and claims. F.S. 733.6175 Proceedings for review of employment of agents

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

the attorney’s fees awarded to Della-Donna. Section 733.6175, Florida Statutes (1981) provides: 733.6175

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

award may be adjusted accordingly. See also section 733.6175, Florida Statutes (1985) (person determined

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

subsequently filed a petition pursuant to section 733.6175, Florida Statutes (1985) seeking review of

Florida Bar re Amendment to Rules

458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151

Published

procedure for objections. Statutory References F.S. 733.6175 Proceedings for review of employment of agents