How Is a Personal Representative Paid in Florida?

Section 733.617(2) sets the presumed reasonable commission in formal administration. The rates are 3 percent of the first $1 million, 2.5 percent of the amount from $1 million to $5 million, 2 percent of the amount from $5 million to $10 million, and 1.5 percent of everything above $10 million. The base is the inventory value of the probate estate plus income earned by the estate during administration.

The personal representative may also receive further compensation for extraordinary services. The statute lists examples such as the sale of real or personal property, litigation, tax matters, running the decedent's business, and proceedings involving protected homestead.

A will can set different compensation. Unless the will refers to the personal representative's regularly published schedule of fees, and when there is no written contract with the decedent about compensation, the personal representative may renounce the will's provision and take the statutory commission instead. Under section 733.617(5), when there are two personal representatives and the estate value is at least $100,000, each is entitled to the full commission.

On petition by an interested person, the court may increase or reduce the compensation after considering factors listed in the statute. Attorney fees for the estate's lawyer are a separate subject governed by section 733.6171 and are explained in who pays probate attorney fees.