Florida Statute 733.617 | 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. 733.617

733.617 Compensation of personal representative.—

(1) A personal representative shall be entitled to a commission payable from the estate assets without court order as compensation for ordinary services. The commission shall be based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during administration.

(2) A commission computed on the compensable value of the estate is presumed to be reasonable compensation for a personal representative in formal administration as follows:

(a) At the rate of 3 percent for the first $1 million.

(b) At the rate of 2.5 percent for all above $1 million and not exceeding $5 million.

(d) At the rate of 1.5 percent for all above $10 million.

(3) In addition to the previously described commission, a personal representative shall be allowed further compensation as is reasonable for any extraordinary services including, but not limited to:

(a) The sale of real or personal property.

(b) The conduct of litigation on behalf of or against the estate.

(d) The carrying on of the decedent’s business.

(e) Dealing with protected homestead.

(f) Any other special services which may be necessary for the personal representative to perform.

(4) If the will provides that a personal representative’s compensation shall be based upon specific criteria, other than a general reference to commissions allowed by law or words of similar import, including, but not limited to, rates, amounts, commissions, or reference to the personal representative’s regularly published schedule of fees in effect at the decedent’s date of death, or words of similar import, then a personal representative shall be entitled to compensation in accordance with that provision. However, except for references in the will to the personal representative’s regularly published schedule of fees in effect at the decedent’s date of death, or words of similar import, if there is no written contract with the decedent regarding compensation, a personal representative may renounce the provisions contained in the will and be entitled to compensation under this section. A personal representative may also renounce the right to all or any part of the compensation.

(5) If the probate estate’s compensable value is $100,000 or more, and there are two representatives, each personal representative is entitled to the full commission allowed to a sole personal representative. If there are more than two personal representatives and the probate estate’s compensable value is $100,000 or more, the compensation to which two would be entitled must be apportioned among the personal representatives. The basis for apportionment shall be one full commission allowed to the personal representative who has possession of and primary responsibility for administration of the assets and one full commission among the remaining personal representatives according to the services rendered by each of them respectively. If the probate estate’s compensable value is less than $100,000 and there is more than one personal representative, then one full commission must be apportioned among the personal representatives according to the services rendered by each of them respectively.

(6) Except as otherwise provided in this section, if the personal representative is a member of The Florida Bar and has rendered legal services in connection with the administration of the estate, then in addition to a fee as personal representative, there also shall be allowed a fee for the legal services rendered.

(7) Upon petition of any interested person, the court may increase or decrease the compensation for ordinary services of the personal representative or award compensation for extraordinary services if the facts and circumstances of the particular administration warrant. In determining reasonable compensation, the court shall consider all of the following factors, giving weight to each as it determines to be appropriate:

(a) The promptness, efficiency, and skill with which the administration was handled by the personal representative;

(b) The responsibilities assumed by and the potential liabilities of the personal representative;

(d) The benefits or detriments resulting to the estate or interested persons from the personal representative’s services;

(e) The complexity or simplicity of the administration and the novelty of the issues presented;

(f) The personal representative’s participation in tax planning for the estate and the estate’s beneficiaries and in tax return preparation, review, or approval;

(g) The nature of the probate, nonprobate, and exempt assets, the expenses of administration, the liabilities of the decedent, and the compensation paid to other professionals and fiduciaries;

(h) Any delay in payment of the compensation after the services were furnished; and

(i) Any other relevant factors.

(8)(a) An attorney serving as a personal representative, or a person related to the attorney, is not entitled to compensation for serving as a personal representative if the attorney prepared or supervised the execution of the will that nominated the attorney or person related to the attorney as personal representative, unless the attorney or person nominated is related to the testator, or the attorney makes the following disclosures to the testator before the will is executed:

1. Subject to certain statutory limitations, most family members, regardless of their residence, and any other persons who are residents of Florida, including friends and corporate fiduciaries, are eligible to serve as a personal representative;

2. Any person, including an attorney, who serves as a personal representative is entitled to receive reasonable compensation for serving as a personal representative; and

3. Compensation payable to the personal representative is in addition to any attorney fees payable to the attorney or the attorney’s firm for legal services rendered to the personal representative.

(b)1. The testator must execute a written statement acknowledging that the disclosures required under paragraph (a) were made prior to the execution of the will. The written statement must be in a separate writing from the will but may be annexed to the will. The written statement may be executed before or after the execution of the will in which the attorney or related person is nominated as the personal representative.

2. The written statement must be in substantially the following form:

I, (Name) , declare that:

I have designated my attorney, an attorney employed in the same law firm as my attorney, or a person related to my attorney as a nominated personal representative in my will or codicil dated (insert date) .

Before executing the will or codicil, I was informed that:

1. Subject to certain statutory limitations, most family members, regardless of their residence, and any other individuals who are residents of Florida, including friends and corporate fiduciaries, are eligible to serve as a personal representative.

2. Any person, including an attorney, who serves as a personal representative is entitled to receive reasonable compensation for serving as a personal representative.

3. Compensation payable to the personal representative is in addition to any attorney fees payable to the attorney or the attorney’s firm for legal services rendered to the personal representative.

(Signature)

(Testator)

(Insert date)

1. An attorney is deemed to have prepared or supervised the execution of a will if the preparation or supervision of the execution of the will was performed by an employee or attorney employed by the same firm as the attorney at the time the will was executed.

2. A person is “related” to an individual if, at the time the attorney prepared or supervised the execution of the will, the person is:

a. A spouse of the individual;

b. A lineal ascendant or descendant of the individual;

c. A sibling of the individual;

d. A relative of the individual or of the individual’s spouse with whom the attorney maintains a close, familial relationship;

e. A spouse of a person described in sub-subparagraphs b.-d.;

f. A person who cohabitates with the individual; or

g. An employee or attorney employed by the same firm as the attorney at the time the will is executed.

3. An attorney or a person related to the attorney is deemed to have been nominated in the will when the will nominates the attorney or the person related to the attorney as personal representative, copersonal representative, successor, or alternate personal representative in the event another person nominated is unable to or unwilling to serve, or provides the attorney or any person related to the attorney with the power to nominate the personal representative and the attorney or person related to the attorney was nominated using that power.

(d) Other than compensation payable to the personal representative, this subsection does not limit any rights or remedies that any interested person may have at law or in equity.

(e) The failure to obtain an acknowledgment from the testator under this subsection does not disqualify a personal representative from serving and does not affect the validity of a will.

(f) This subsection applies to all nominations made pursuant to a will:

1. Executed by a resident of this state on or after October 1, 2020; or

2. Republished by a resident of this state on or after October 1, 2020, if the republished will nominates the attorney who prepared or supervised the execution of the instrument that republished the will, or a person related to such attorney, as personal representative.

History.—s. 1, ch. 74-106; s. 80, ch. 75-220; s. 1, ch. 76-172; s. 5, ch. 88-340; s. 1, ch. 90-129; s. 10, ch. 93-257; s. 1, ch. 95-401; s. 141, ch. 2001-226; s. 109, ch. 2002-1; s. 8, ch. 2020-67.

Note.—Created from former s. 734.01.

F.S. 733.617 on Google Scholar

F.S. 733.617 on Casetext

Amendments to 733.617

Arrestable Offenses / Crimes under Fla. Stat. 733.617

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.617.

Annotations, Discussions, Cases:

Cases Citing Statute 733.617

Total Results: 20

ZAINA MATTHIESEN, etc. v. IN RE: ESTATE OF LAURISSE MASRI

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-11T00:53:00-07:00

Snippet: 4 in such decision. See § 733.617(7), Fla. Stat. (2021); Bock v. Diener, 571 So.

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

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

Snippet: order as compensation for ordinary services.” § 733.617(1), Fla. Stat. (2020). “A commission computed…rate of 3 percent for the first $1 million.” § 733.617(2)(a), Fla. Stat. (2020). In Cooper, we rejected

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-06T00:00:00-07:00

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

Snippet: compensation should be refunded. See §§ 733.617(1) & 733.6171(3), Fla. Stat. (2010) (respectively

In Re Amendments to the Fl. Probate Rules

Court: Fla. | Date Filed: 2007-07-12T00:53:00-07:00

Citation: 964 So. 2d 140

Snippet: for the personal representative; exceptions. § 733.617, Fla. Stat. Compensation of personal representative

Cooper v. Ford & Sinclair, PA

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-16T23:53:00-08:00

Citation: 888 So. 2d 683

Snippet: Bank-Central, 667 So.2d 456 (Fla. 4th DCA 1996). Section 733.617, Florida Statutes, provides for compensation to…her attorneys' fees. In contrast, section 733.617 provides that "[t]he commission shall be based

Angelus v. Pass

Court: Fla. Dist. Ct. App. | Date Filed: 2004-02-10T23:53:00-08:00

Citation: 868 So. 2d 571

Snippet: electing to be compensated for services under Section 733.617, Florida Statutes (2003). Angelus, who is a resident

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2003-06-19T00:00:00-07:00

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: for the personal representative; exceptions. § 733.617, Fla. Stat. Compensation of personal representative

Venis v. Greenspan

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-18T00:00:00-08:00

Citation: 833 So. 2d 208, 2002 Fla. App. LEXIS 19031, 2002 WL 31828445

Snippet: scale percentage fee rate provided for in sections 733.617 and 733.6171, Florida Statutes (1997), plus additional…based on the sliding scales provided in section 733.617 for the P.R. and section 733.6171 for counsel,

Marvin & Kay Lichtman Foundation v. In re Estate of Lichtman

Court: Fla. Dist. Ct. App. | Date Filed: 2000-12-13T00:00:00-08:00

Citation: 773 So. 2d 1232, 2000 Fla. App. LEXIS 16255, 2000 WL 1817136

Snippet: this award is improper and argued that section 733.617(5)7 violates the equal protection and due process… to be heard as provided by the statute. See § 733.617(7)Fla. Stat. (1999)8. *1235We do agree however …by the personal representatives. . Subsection 733.617(5) provides: If the probate estate’s value as defined…rendered by each of them respectively. .Subsection 733.617(7) provides: The compensation for a personal representative

Winston v. Bankers Trust Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-08-04T00:00:00-07:00

Citation: 755 So. 2d 690, 1999 Fla. App. LEXIS 10468, 1999 WL 565844

Snippet: parties agree the relevant statute is section 733.617, Florida Statutes (1985).1 Our review of the'…evidence addressing the factors contained in section 733.617 including the length of the relationship between…AFFIRMED. STONE and GROSS, JJ., concur. . Section 733.617(1), Florida Statutes (1985) provides: (1) Personal…ability of the person performing the services. § 733.617, Fla. Stat. (1985). No. 98-3252 District

Teague v. Estate of Hoskins

Court: Fla. | Date Filed: 1998-04-23T00:53:00-07:00

Citation: 709 So. 2d 1373

Snippet: Class 1 priority status to the obligation. See § 733.617(7), Fla. Stat. (1995) (compensation for personal

Bitterman v. Bitterman

Court: Fla. | Date Filed: 1998-03-26T00:00:00-08:00

Citation: 714 So. 2d 356

Snippet: cases arises out of the application of section 733.617, Florida Statutes (1993), a section of the Probate…personal representatives was covered by section 733.617.[2] The 1993 amendment created a new section, after…personal representatives was covered by section 733.617 and the compensation for attorneys of personal …covered by 733.6171 (the 1993 amendment) rather than 733.617. The district court reasoned that the proceeding…Roby's fees, but the application of section 733.617(7), Florida Statutes *363 (1993) is the only one

Williams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-03-11T00:00:00-08:00

Citation: 711 So. 2d 41, 1998 Fla. App. LEXIS 2273, 1998 WL 101538

Snippet: 733.602, 733.603, 733.607, 733.608, 733.612, and 733.617, Fla. Stat. (1997). In these circumstances, the

Zepeda v. Klein

Court: Fla. Dist. Ct. App. | Date Filed: 1997-08-06T00:53:00-07:00

Citation: 698 So. 2d 329

Snippet: .1991). Platt involved the application of section 733.617, Florida Statutes (1989), which provided that an

First of America Bank-Central v. Sitomer

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-04T00:00:00-07:00

Citation: 696 So. 2d 876, 1997 Fla. App. LEXIS 6145

Snippet: we do not reach the question of whether section 733.617, Florida Statutes (Supp.1990), controls the issue

Amendments to Florida Probate Rules

Court: Fla. | Date Filed: 1996-10-03T00:53:00-07:00

Citation: 683 So. 2d 78

Snippet: for the personal representative; exceptions. 733.617, Fla.Stat. Compensation of personal representatives

Bitterman v. Bitterman

Court: Fla. Dist. Ct. App. | Date Filed: 1996-10-02T00:53:00-07:00

Citation: 685 So. 2d 861

Snippet: section 733.617, Florida Statutes (1991). What remained after the amendment was section 733.617, which …The first matter in dispute is whether section 733.617, Florida Statutes (1991), or section 733.6171(7…Fla. 2d DCA 1965) and the application of section 733.617, Florida Statutes. We agree with the trial court

College v. Bourne

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-28T23:53:00-08:00

Citation: 670 So. 2d 1118

Snippet: Roby's fees, but the application of section 733.617(7), Florida Statutes (1993) is the only one that

Jones v. Dunning

Court: Fla. Dist. Ct. App. | Date Filed: 1995-10-20T00:00:00-07:00

Citation: 661 So. 2d 941, 1995 Fla. App. LEXIS 10988, 1995 WL 613191

Snippet: should follow the guidelines set out in section 733.617(1), Florida Statutes (1987) and Florida Patient

The Florida Bar v. Garland

Court: Fla. | Date Filed: 1995-03-08T23:53:00-08:00

Citation: 651 So. 2d 1182

Snippet: We agree with Garland that in light of sections 733.617 and 733.6171, Florida Statutes (1993), which provide… violation must be rejected. Although sections 733.617 and 733.6171 did not became effective until after… least three percent of the $590,000 estate. § 733.617(2)(a), Fla. Stat. (1993). As attorney for the estate