Florida Statute 733.106 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.106

733.106 Costs and attorney fees.—

(1) In all probate proceedings, costs may be awarded as in chancery actions.

(2) A person nominated as personal representative, or any proponent of a will if the person so nominated does not act within a reasonable time, if in good faith justified in offering the will in due form for probate, shall receive costs and attorney fees from the estate even though probate is denied or revoked.

(3) Any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate.

(4) If costs and attorney fees are to be paid from the estate under this section, s. 733.6171(4), s. 736.1005, or s. 736.1006, the court, in its discretion, may direct from what part of the estate they shall be paid.

(a) If the court directs an assessment against a person’s part of the estate and such part is insufficient to fully pay the assessment, the court may direct payment from the person’s part of a trust, if any, if a pour-over will is involved and the matter is interrelated with the trust.

(b) All or any part of the costs and attorney fees to be paid from the estate may be assessed against one or more persons’ part of the estate in such proportions as the court finds to be just and proper.

1. The relative impact of an assessment on the estimated value of each person’s part of the estate.

2. The amount of costs and attorney fees to be assessed against a person’s part of the estate.

3. The extent to which a person whose part of the estate is to be assessed, individually or through counsel, actively participated in the proceeding.

4. The potential benefit or detriment to a person’s part of the estate expected from the outcome of the proceeding.

5. The relative strength or weakness of the merits of the claims, defenses, or objections, if any, asserted by a person whose part of the estate is to be assessed.

6. Whether a person whose part of the estate is to be assessed was a prevailing party with respect to one or more claims, defenses, or objections.

7. Whether a person whose part of the estate is to be assessed unjustly caused an increase in the amount of costs and attorney fees incurred by the personal representative or another interested person in connection with the proceeding.

8. Any other relevant fact, circumstance, or equity.

(d) The court may assess a person’s part of the estate without finding that the person engaged in bad faith, wrongdoing, or frivolousness.

History.—s. 1, ch. 74-106; s. 49, ch. 75-220; s. 984, ch. 97-102; s. 82, ch. 2001-226; s. 1, ch. 2015-27.

Note.—Created from former s. 732.14.

F.S. 733.106 on Google Scholar

F.S. 733.106 on Casetext

Amendments to 733.106

Arrestable Offenses / Crimes under Fla. Stat. 733.106

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.106.

Annotations, Discussions, Cases:

Cases Citing Statute 733.106

Total Results: 20

BARRY KILCOYNE v. JOSEPH P. GEORGE, JR.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-03T00:53:00-07:00

Snippet: Stat. (2023); § 733.6175, Fla. Stat. (2023); § 733.106(4), Fla. Stat. (2023); see also In re Est. of Udell

ESTATE OF REONTRE'YH ALONZAE POUNDS v. MILLER & JACOBS

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-04T23:53:00-08:00

Snippet: awarded reasonable compensation from the estate.” § 733.106(3), Fla. Stat. (2020). The Florida Probate Code

WILLIAM L. RAMOS, JR. v. MICHAEL HALPERN, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-30T23:53:00-08:00

Snippet: payment of attorneys’ fees under Fla. Stat. §§ 733.106 and 736.1001 et seq. in the event that the

SARA CRISTINA BABUN, etc. v. STOK KON + BRAVERMAN, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-27T00:53:00-07:00

Snippet: reasonable compensation from the estate or trust. § 733.106(3), Fla. Stat. (2021). There is sufficient evidence

Hampton v. Estate of Clifford L. Allen

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-05T00:00:00-07:00

Citation: 198 So. 3d 954, 2016 Fla. App. LEXIS 11816, 2016 WL 4158716

Snippet: in defending Jordan’s action. See .§ 733.106(3), Fla, Stat. (2012). The trial, court denied …claim for attorney’s fees because, under section 733.106(3), her attorney’s efforts effectuated Clifford…fees depended on the interpretation of section 733.106(3), the standard of review is de novo. See….2d 1013, 1015 (Fla. 4th DCA 2008). Section 733.106(3) provides: “Any attorney who has rendered services

Anderson v. McDonough

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-08T00:00:00-07:00

Citation: 189 So. 3d 265, 2016 WL 1386091, 2016 Fla. App. LEXIS 5393

Snippet: mother’s will. The order .was based on section 733.106, Florida Statutes (2011). As explained in the companion

Anderson v. McDonough

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-08T00:00:00-07:00

Citation: 189 So. 3d 266, 2016 WL 1386145, 2016 Fla. App. LEXIS 5390

Snippet: So.2d 1100, 1104 (Fla. 2d DCA 1999) (“[Sjection 733.106, which provides for attorney’s fees for services

Van Vechten v. Anyzeski

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-21T00:00:00-08:00

Citation: 157 So. 3d 350, 2015 Fla. App. LEXIS 722, 2015 WL 248731

Snippet: to Fla. R. Civ. P. 1.525 [and] Sections 86.081, 733.106, [and] 733.609, Florida Statutes [ (2009) ].” The

Lowell Amey Van Vechten, as personal representative and trustee of the Estate of Nicola H. Amey v. Erica Anyzeski, as personal representative of the Estate of Milton Lain Benjamin

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-20T23:53:00-08:00

Snippet: to Fla. R. Civ. P. 1.525 [and] Sections 86.081, 733.106, [and] 733.609, Florida Statutes [(2009)].” The…costs as are equitable.”  Section 733.106(1) states: “In all probate proceedings costs may

Shuck v. Smalls

Court: Fla. Dist. Ct. App. | Date Filed: 2012-12-05T00:00:00-08:00

Citation: 101 So. 3d 924, 2012 Fla. App. LEXIS 20886, 2012 WL 6027820

Snippet: appellants’ share of the estate under section 733.106(4). Section 733.106(4), Florida Statutes (2007), provides…Wintter & Associates under sections 57.105 and 733.106, Florida Statutes, in litigation appellants brought…and costs to appellees under sections 57.105 and 733.106 for litigation in this probate matter concerning… attorney’s fees and costs pursuant to section 733.106(2) and (3), Florida Statutes, and that the fees…appellants’ share of the estate pursuant to section 733.106(4). The order also provided that appellees were

Bonney v. Bonney

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-15T00:00:00-07:00

Citation: 94 So. 3d 702, 2012 WL 3326942, 2012 Fla. App. LEXIS 13561

Snippet: fees against Jeanne under sections 733.609 and 733.106(3), Florida Statutes (2010). We reverse. Section…powers.” § 733.609(1), Fla. Stat. (2010). Section 733.106(3) is not implicated because the brother’s attorney

Langer v. Fels

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-20T00:00:00-07:00

Citation: 93 So. 3d 1069, 2012 WL 2327921, 2012 Fla. App. LEXIS 9949

Snippet: Civil Procedure 1.442 and sections 768.79 and 733.106(3), Florida Statutes (2009). While *1071the appeal…fees under the following sections: (i) section 733.106(3), authorizing fees when services have been rendered…administration of the estate if personally at fault. §§ 733.106(3), 733.609(1) and 733.619(2), Fla. Stat. (2009… and 733.619(2), but denied fees under section 733.106(3). In the midst of the fee proceedings occurring…appellate attorney’s fees pursuant to sections 733.106, 733.609 and 733.619, Florida Statutes (2009),

Davis v. Estate of Davis

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-09T00:00:00-08:00

Citation: 77 So. 3d 703, 2011 Fla. App. LEXIS 17780, 2011 WL 5375110

Snippet: 733.613, Fla. Stat. (2008) (emphasis added). Section 733.106, Florida Statutes, provides, in pertinent part,…awarded reasonable compensation from the estate.” § 733.106, Fla. Stat. (2008). The right to recover attorney

LAURITSEN v. Wallace

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-01T00:00:00-07:00

Citation: 67 So. 3d 285, 2011 Fla. App. LEXIS 4666, 2011 WL 1195873

Snippet: attorneys fees and attorneys fees awarded under s. 733.106(3). (b) Class 2.Reasonable funeral, interment,

Bennett v. Berges

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-08T00:00:00-08:00

Citation: 50 So. 3d 1154, 2010 Fla. App. LEXIS 18663, 2010 WL 4961803

Snippet: that she was entitled to fees based upon section 733.106, Florida Statutes, in that her efforts benefited…appellees argued entitlement pursuant to section 733.106, Florida Statutes, and the trial court did not …pursuant to the statute would be improper. Section 733.106(3), Florida Statutes, provides: “Any attorney who…reasonable compensation from the estate.” Section 733.106(3) does not provide a valid basis for personal

Price v. Austin

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-10T00:00:00-07:00

Citation: 43 So. 3d 789, 2010 Fla. App. LEXIS 11702, 2010 WL 3120212

Snippet: attorney's fees filed pursuant to section 733.106(2) and affirmed a denial of a claim for attorney…different fee statute than the case before us, section 733.106(2) and section 744.108, applicable here, are similar…DAVIS and ROWE, JJ., concur. NOTES [1] Section 733.106 provides for an award of fees when a person in … an attorney renders services to the estate. § 733.106(3). Section 744.108(1) provides for fees to "

Copeland v. Buswell

Court: Fla. Dist. Ct. App. | Date Filed: 2009-07-29T00:00:00-07:00

Citation: 20 So. 3d 867, 2009 Fla. App. LEXIS 10354, 2009 WL 2243701

Snippet: attorneys fees and attorneys fees awarded under s. 733.106(3). (b) Class 2.Reasonable funeral, interment,

Geary v. Butzel Long, P.C.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-10T00:00:00-07:00

Citation: 13 So. 3d 149, 2009 Fla. App. LEXIS 7286, 2009 WL 1606034

Snippet: as the residuary estate. We noted that section 733.106(4), Florida Statutes, permits the court to direct…for frivolous litigation consistent with section 733.106(4). We agree that if the litigation pursued is

Estate of Shefner v. Shefner-Holden

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-11T00:00:00-08:00

Citation: 2 So. 3d 1076, 2009 Fla. App. LEXIS 1042, 2009 WL 322153

Snippet: erred on this issue. In probate matters, section 733.106, Florida Statutes (2003), controls the question… The Fourth District reversed based on section 733.106(3), stating: "[the devisee] was successful…decedent's will were upheld. Thus, under section 733.106(3), Deborah and Frank are entitled to reimbursement…denying attorney's fees. Further, section 733.106(4) provides that the court may direct from what

Hays v. Lawrence

Court: Fla. Dist. Ct. App. | Date Filed: 2009-01-30T00:00:00-08:00

Citation: 1 So. 3d 1176, 2009 Fla. App. LEXIS 2231, 2009 WL 211048

Snippet: attorney's fees and expenses pursuant to section 733.106(2), Florida Statutes (2007). Appellees moved to