Florida Probate Rule 5.355
RULE 5.355. PROCEEDINGS FOR REVIEW OF EMPLOYMENT
OF AGENTS AND COMPENSATION OF PERSONAL
REPRESENTATIVES AND ESTATE EMPLOYEES
After notice to all interested persons and upon petition of an
interested person bearing all or a part of the impact of the payment
of compensation to the personal representative or any person
employed by the personal representative, the propriety of the
employment and the reasonableness of the compensation or
payment may be reviewed by the court. The petition shall state the
grounds on which it is based. The burden of proving the propriety of
the employment and the reasonableness of the compensation shall
be upon the personal representative and the person employed by
the personal representative. Any person who is determined to have
received excessive compensation from an estate may be ordered to
make appropriate refunds.
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in section 733.6175, Florida Statutes. It is not
intended to change the effect of the statute from which it was
derived but has been reformatted to conform with the structure of
these rules. It is not intended to create a new procedure or modify
an existing procedure.
Rule History
1988 Revision: New rule.
1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.
1996 Revision: Committee notes revised.
2003 Revision: Committee notes revised.
2007 Revision: Committee notes revised.
2012 Revision: Committee notes revised.
Statutory References
§ 731.201(23), Fla. Stat. General definitions.
§ 731.301, Fla. Stat. Notice.
§ 733.612(19), Fla. Stat. Transactions authorized for the
personal representative; exceptions.
§ 733.617, Fla. Stat. Compensation of personal representative.
§ 733.6171, Fla. Stat. Compensation of attorney for the
personal representative.
§ 733.6175, Fla. Stat. Proceedings for review of employment of
agents and compensation of personal representatives and
employees of estate.
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
OF AGENTS AND COMPENSATION OF PERSONAL
REPRESENTATIVES AND ESTATE EMPLOYEES
After notice to all interested persons and upon petition of an
interested person bearing all or a part of the impact of the payment
of compensation to the personal representative or any person
employed by the personal representative, the propriety of the
employment and the reasonableness of the compensation or
payment may be reviewed by the court. The petition shall state the
grounds on which it is based. The burden of proving the propriety of
the employment and the reasonableness of the compensation shall
be upon the personal representative and the person employed by
the personal representative. Any person who is determined to have
received excessive compensation from an estate may be ordered to
make appropriate refunds.
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in section 733.6175, Florida Statutes. It is not
intended to change the effect of the statute from which it was
derived but has been reformatted to conform with the structure of
these rules. It is not intended to create a new procedure or modify
an existing procedure.
Rule History
1988 Revision: New rule.
1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.
1996 Revision: Committee notes revised.
2003 Revision: Committee notes revised.
2007 Revision: Committee notes revised.
2012 Revision: Committee notes revised.
Statutory References
§ 731.201(23), Fla. Stat. General definitions.
§ 731.301, Fla. Stat. Notice.
§ 733.612(19), Fla. Stat. Transactions authorized for the
personal representative; exceptions.
§ 733.617, Fla. Stat. Compensation of personal representative.
§ 733.6171, Fla. Stat. Compensation of attorney for the
personal representative.
§ 733.6175, Fla. Stat. Proceedings for review of employment of
agents and compensation of personal representatives and
employees of estate.
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.