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Florida Statute 733.6175 | Lawyer Caselaw & Research
F.S. 733.6175 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 733.6175

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. 733.6175
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 Casetext

Amendments to 733.6175


Arrestable Offenses / Crimes under Fla. Stat. 733.6175
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.6175.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SIMMONS, v. ESTATE OF Dr. S. BARANOWITZ, 189 So. 3d 819 (Fla. Dist. Ct. App. 2015)

. . . See § 733.6175(3), Fla. . . . See § 733.6175(1), Fla. . . . .”); § 733.6175(3), Fla. . . . See §§ 733.6175(1) & (3), Fla. Stat. (2010). . . .

T. FAULKNER, L. v. WOODRUFF P. A., 159 So. 3d 319 (Fla. Dist. Ct. App. 2015)

. . . He cited section 733.6175, Florida Statutes (2010), and Florida Probate Rule 5.355 as authority for the . . . Section 733.6175 provides as follows: (1) The court may review the propriety of the employment of any . . . ANALYSIS OF SECTION 733.6175 Section 733.6175 provides a circuit court with the authority to determine . . . Section 733.6175 was amended effective January 1, 2001. Ch. 01-226, § 143, Laws of Fla. . . . Our review of the interpretation of section 733.6175 is performed de novo. Zingale v. . . .

G. KOZINSKI, v. STABENOW, 152 So. 3d 650 (Fla. Dist. Ct. App. 2014)

. . . Pursuant to sections 733.6175 and 736.0206, Florida Statutes (2014), the ap-pellees filed a petition . . . The appellees maintained that the remedy of a “refund” which is provided for under sections 733.6175 . . . The appellees filed their petition in a probate case pursuant to section 733.6175 (Proceedings for review . . . The case which most strongly equates a petition for review of fees pursuant to section 733.6175 with . . . Neither section 733.6175 nor section 736.0206 prescribes a time period as to when the refund is to be . . .

W. VAZZA F. v. ESTATE OF R. VAZZA,, 144 So. 3d 698 (Fla. Dist. Ct. App. 2014)

. . . See In re Estate of Winston, 610 So.2d 1323, 1325 (Fla. 4th DCA 1992) (citing § 733.6175, Fla. . . .

B. BOOKMAN, E. v. DAVIDSON,, 136 So. 3d 1276 (Fla. Dist. Ct. App. 2014)

. . . Section 733.6175(2), Florida Statutes, provides that “[c]ourt proceedings to determine the reasonable . . .

GAINES, A. v. B. DeWITT, A., 41 So. 3d 951 (Fla. Dist. Ct. App. 2010)

. . . See In re Estate of Cordiner, 497 So.2d 920, 921 (Fla. 2d DCA1986); see also § 733.6175, Fla. . . .

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

. . . Butzel Long, as attorney for the personal representative, claimed fees pursuant to sections 733.6171 and 733.6175 . . . Pursuant to section 733.6175(2), Florida Statutes: Court proceedings to determine reasonable compensation . . . permits the court to direct from what part of an estate a fee assessment shall be paid (just as section 733.6175 . . .

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

. . . . § 733.6175, Fla. Stat. . . . Personal representatives right to sell real property. § 733.6175, Fla. Stat. . . .

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

. . . . § 733.6175, Fla. Stat. . . . Compensation of attorney for the personal representative. § 733.6175, Fla. Stat. . . . General definitions. § 733.6175, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 959 So. 2d 1170 (Fla. 2007)

. . . . § 733.6175, Fla. Stat. . . .

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

. . . . § 733.6175, Fla. Stat. . . . Personal representative’s right to sell real property. § 733.6175, Fla. Stat. . . .

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

. . . . § 733.6175, Fla. Stat. . . . Personal representative’s right to sell real property. § 733.6175, Fla. Stat. . . .

L. FOREMAN, v. NORTHERN TRUST BANK OF FLORIDA, N. A. Co- R., 905 So. 2d 276 (Fla. Dist. Ct. App. 2005)

. . . that the trial court erred in failing to award him reasonable expert witness fees pursuant to section 733.6175 . . . See 733.6175(4). . . .

A. BAUMANN, v. ESTATE OF BLUM,, 898 So. 2d 1106 (Fla. Dist. Ct. App. 2005)

. . . Section 733.6175(4) mandates that if expert testimony is offered in a fee hearing, “a reasonable expert . . .

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

. . . . § 733.6175, Fla. Stat. . . . Personal representative’s right to sell real property. § 733.6175, Fla. Stat. . . . Committee Notes This rule represents a rule implementation of the procedure formerly found in section 733.6175 . . . Compensation of attorney for the personal representative. § 733.6175, Fla. Stat. . . . General definitions. § 733.6175, Fla. Stat. . . .

VENIS, v. GREENSPAN,, 833 So. 2d 208 (Fla. Dist. Ct. App. 2002)

. . . Section 733.6175(2), Florida Statutes (1992), formerly section 733.6171(8), provides: Court proceedings . . .

G. ONOFRIO, v. JOHNSTON SASSER, P. A., 782 So. 2d 1019 (Fla. Dist. Ct. App. 2001)

. . . The basis of the PR Onofrio’s request for recovery of the fees was section 733.6175, Florida Statutes . . . estate received no benefit from J & S’s representation, and therefore, fees are refundable under section 733.6175 . . . Beck, 383 So.2d 268 (Fla. 3d DCA 1980), a beneficiary used section 733.6175 to challenge attorney’s fees . . . Stat. § 733.6175 (1977)). . . . Section 733.6175, which reads the same today as it did in 1996, states: 733.6175 Proceedings for review . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 778 So. 2d 272 (Fla. 2000)

. . . . § 733.6175, Fla. Stat. . . .

In ESTATE OF C. CATAPANE, C. P. A. C. v. By, 759 So. 2d 9 (Fla. Dist. Ct. App. 2000)

. . . Under section 733.6175, Florida Statutes, the code provides for proceedings to review the personal representative . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 733.6175, Fla.Stat. . . . Committee Notes This rule represents a rule implementation of the procedure found in section 733.6175 . . . Compensation of attorney for the personal representative. § 733.6175, Fla.Stat. . . . General definitions. § 733.6175, Fla.Stat. . . .

BITTERMAN v. BITTERMAN, BITTERMAN v. H. WEIDENBENNER, O, 685 So. 2d 861 (Fla. Dist. Ct. App. 1996)

. . . that the statute applies only to an attorney who represents the fiduciary and/or his attorney in a 733.6175 . . . It is helpful to consider section 733.6171, Florida Statutes (1993) along with section 733.6175, Florida . . . It merely provides that when a 733.6175 proceeding takes place, it is to be considered part of the administration . . . To limit section 733.6171 to only current counsel when its companion section, 733.6175, clearly does . . . we hold that a discharged attorney or fiduciary may seek reasonable compensation pursuant to section 733.6175 . . .

ROGERS WELLS, v. WINSTON,, 662 So. 2d 1303 (Fla. Dist. Ct. App. 1995)

. . . allegation that the proceeding to review the employment of agents was commenced pursuant to section 733.6175 . . .

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

. . . essentially that since appellant did not submit this objection below specifically pursuant to section 733.6175 . . .

In ESTATE OF WINSTON, WINSTON, v. WINSTON,, 610 So. 2d 1323 (Fla. Dist. Ct. App. 1992)

. . . See § 733.6175, Fla.Stat. (1991); see also Sheffield v. . . . See § 733.6175, Fla.Stat. (1991); see also Estate of Goodwin, 511 So.2d 609 (Fla. 4th DCA 1987). . . .

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

. . . Notice of administration; filing of objections and claims. 733.6175, Fla.Stat. . . . Personal representative’s right to sell real property. § 733.6175, Fla.Stat. . . . Committee Notes This rule represents a rule implementation of the procedure found in Subsection 733.6175 . . . Compensation of personal representatives and professionals. 1¾=⅛ 733.6175, Fla.Stat. . . . General definitions. 733.6175, Fla.Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 584 So. 2d 964 (Fla. 1991)

. . . . § 733.6175, Fla.Stat. . . .

WALKER v. TINDALL, C., 567 So. 2d 50 (Fla. Dist. Ct. App. 1990)

. . . See § 733.6175, Fla.Stat. (1987). . . .

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

. . . F.S. 733.6175 Proceedings for review of _ employment of agents and compensation of personal representatives . . . F.S. 733.6175 Proceedings for review of employment of agents and compensation of personal representatives . . . Statutory Reference F.S. 733.6175 Proceedings for review of employment of agents and compensation of . . . Statutory References F.S. 733.6175 Proceedings for review of employment of agents and compensation of . . .

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

. . . F.S. 733.6175 Proceedings for review of employment of agents and compensation of personal representatives . . . F.S. 733.6175 Proceedings for review of employment of agents and compensation of personal representatives . . . Statutory References F.S. 733.6175 Proceedings for review of employment of agents and compensation of . . . Statutory References F.S. 733.6175 Proceedings for review of employment of agents and compensation of . . .

In ESTATE OF GOODWIN, Sr., 511 So. 2d 609 (Fla. Dist. Ct. App. 1987)

. . . Section 733.6175, Florida Statutes (1981) provides: 733.6175 Proceedings for review of employment of . . . Appellant has standing to challenge the propriety of these orders pursuant to section 733.6175, Florida . . .

T. RICHARDSON, v. JONES, Sr., 508 So. 2d 739 (Fla. Dist. Ct. App. 1987)

. . . Section 733.6175, Florida Statutes (1985), provides that “Any person who is determined to have received . . .

In ESTATE OF CORDINER. DOUGHERTY, v. P. EVANS,, 497 So. 2d 920 (Fla. Dist. Ct. App. 1986)

. . . See also section 733.6175, Florida Statutes (1985) (person determined to have received compensation for . . .

FLORIDA NATIONAL BANK, v. E. GLOCK, K. E., 495 So. 2d 280 (Fla. Dist. Ct. App. 1986)

. . . The beneficiaries subsequently filed a petition pursuant to section 733.6175, Florida Statutes (1985) . . . sought by the personal representative, i.e., $25,908, nor followed any of the provisions of section 733.6175 . . . Since the beneficiaries of the estate sought review of the proposed fee pursuant to section 733.6175, . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . Statutory References F.S. 733.6175 Proceedings for review of employment of agents and compensation of . . .

BECK, a k a v. BECK, a k a R., 383 So. 2d 268 (Fla. Dist. Ct. App. 1980)

. . . However, Dawn’s challenge to payment of that compensation invoked Section 733.6175, Florida Statutes . . . and been joined in the proceedings, the court might have required them to make appropriate refunds. § 733.6175 . . .