Florida Statute 733.6171 | 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. 733.6171

733.6171 Compensation of attorney for the personal representative.—

(1) Except as provided in paragraph (2)(d), attorneys for personal representatives are entitled to reasonable compensation payable from the estate assets without court order.

(2)(a) The attorney, the personal representative, and persons bearing the impact of the compensation may agree to compensation determined in a different manner than provided in this section. Compensation may also be determined in a different manner than provided in this section if the manner is disclosed to the parties bearing the impact of the compensation and if no objection is made as provided for in the Florida Probate Rules.

(b) An attorney representing a personal representative in an estate administration who intends to charge a fee based upon the schedule set forth in subsection (3) shall make the following disclosures in writing to the personal representative:

1. There is not a mandatory statutory attorney fee for estate administration.

2. The attorney fee is not required to be based on the size of the estate, and the presumed reasonable fee provided in subsection (3) may not be appropriate in all estate administrations.

3. The fee is subject to negotiation between the personal representative and the attorney.

4. The selection of the attorney is made at the discretion of the personal representative, who is not required to select the attorney who prepared the will.

5. The personal representative shall be entitled to a summary of ordinary and extraordinary services rendered for the fees agreed upon at the conclusion of the representation. The summary shall be provided by counsel and shall consist of the total hours devoted to the representation or a detailed summary of the services performed during the representation.

(d) If the attorney does not make the disclosures required by this section, the attorney may not be paid for legal services without prior court approval of the fees or the written consent of all interested parties.

(3) Subject to subsection (2), compensation for ordinary services of attorneys in a formal estate administration is presumed to be reasonable if 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 the administration as provided in the following schedule:

(a) One thousand five hundred dollars for estates having a value of $40,000 or less.

(b) An additional $750 for estates having a value of more than $40,000 and not exceeding $70,000.

(d) For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000.

(e) At the rate of 2.5 percent for all above $1 million and not exceeding $3 million.

(f) At the rate of 2 percent for all above $3 million and not exceeding $5 million.

(g) At the rate of 1.5 percent for all above $5 million and not exceeding $10 million.

(h) At the rate of 1 percent for all above $10 million.

(4) Subject to subsection (2), in addition to fees for ordinary services, the attorney for the personal representative shall be allowed further reasonable compensation for any extraordinary service. What is an extraordinary service may vary depending on many factors, including the size and complexity of the estate. Extraordinary services may include, but are not limited to:

(a) Involvement in a will contest, will construction, a proceeding for determination of beneficiaries, a contested claim, elective share proceeding, apportionment of estate taxes, or any adversarial proceeding or litigation by or against the estate.

(b) Representation of the personal representative in audit or any proceeding for adjustment, determination, or collection of any taxes.

(c) Tax advice on postmortem tax planning, including, but not limited to, disclaimer, renunciation of fiduciary commission, alternate valuation date, allocation of administrative expenses between tax returns, the QTIP or reverse QTIP election, allocation of GST exemption, qualification for Internal Revenue Code ss. 6166 and 303 privileges, deduction of last illness expenses, fiscal year planning, distribution planning, asset basis considerations, handling income or deductions in respect of a decedent, valuation discounts, special use and other valuation, handling employee benefit or retirement proceeds, prompt assessment request, or request for release of personal liability for payment of tax.

(d) Review of estate tax return and preparation or review of other tax returns required to be filed by the personal representative.

(e) Preparation of the estate’s federal estate tax return. If this return is prepared by the attorney, a fee of one-half of 1 percent up to a value of $10 million and one-fourth of 1 percent on the value in excess of $10 million of the gross estate as finally determined for federal estate tax purposes, is presumed to be reasonable compensation for the attorney for this service. These fees shall include services for routine audit of the return, not beyond the examining agent level, if required.

(f) Purchase, sale, lease, or encumbrance of real property by the personal representative or involvement in zoning, land use, environmental, or other similar matters.

(g) Legal advice regarding carrying on of the decedent’s business or conducting other commercial activity by the personal representative.

(h) Legal advice regarding claims for damage to the environment or related procedures.

(i) Legal advice regarding homestead status of real property or proceedings involving that status and services related to protected homestead.

(j) Involvement in fiduciary, employee, or attorney compensation disputes.

(k) Proceedings involving ancillary administration of assets not subject to administration in this state.

(5) Upon petition of any interested person, the court may increase or decrease the compensation for ordinary services of the attorney 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 attorney.

(b) The responsibilities assumed by and the potential liabilities of the attorney.

(d) The benefits or detriments resulting to the estate or interested persons from the attorney’s services.

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

(f) The attorney’s participation in tax planning for the estate and the estate’s beneficiaries and 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.

(i) Any agreement relating to the attorney’s compensation and whether written disclosures were made to the personal representative in a timely manner under the circumstances pursuant to subsection (2).

(j) Any other relevant factors.

(6) If a separate written agreement regarding compensation exists between the attorney and the decedent, the attorney shall furnish a copy to the personal representative prior to commencement of employment, and, if employed, shall promptly file and serve a copy on all interested persons. A separate agreement or a provision in the will suggesting or directing that the personal representative retain a specific attorney does not obligate the personal representative to employ the attorney or obligate the attorney to accept the representation, but if the attorney who is a party to the agreement or who drafted the will is employed, the compensation paid shall not exceed the compensation provided in the agreement or in the will.

History.—s. 4, ch. 93-257; s. 2, ch. 95-401; s. 142, ch. 2001-226; s. 1, ch. 2021-145.

F.S. 733.6171 on Google Scholar

F.S. 733.6171 on Casetext

Amendments to 733.6171

Arrestable Offenses / Crimes under Fla. Stat. 733.6171

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.6171.

Annotations, Discussions, Cases:

Cases Citing Statute 733.6171

Total Results: 20

Thomas Wilson v. in Re: Estate of Peter Loftin

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-18T00:00:00-07:00

Snippet: residuary beneficiary of the estate. “Section 733.6171(5) of the Probate Code, which governs the compensation…332 So. 3d 17, 19 (Fla. 3d DCA 2021) (citing § 733.6171(5), Fla. Stat. (2021)). An “interested

ELIZABETH ANN DUFF-ESFORMES, etc. v. BARRY E. MUKAMAL, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-23T23:53:00-08:00

Snippet: 604 So. 2d 452, 455 (Fla. 1992). Section 733.6171(5) of the Probate Code, which governs the compensation…each as it determines to be appropriate . . . § 733.6171(5), Fla. Stat. (2021). “Interested person

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

Bookman v. Davidson

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-05T00:00:00-07:00

Citation: 136 So. 3d 1276, 2014 WL 1772707, 2014 Fla. App. LEXIS 6472

Snippet: appellee from estate funds. See §§ 733.612(19) & 733.6171(1), Florida Statutes. The Code also grants to

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: representative, claimed fees pursuant to sections 733.6171 and 733.6175, Florida Statutes. See Bitterman

Glantz and Glantz, PA v. Chinchilla

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-03T00:00:00-07:00

Citation: 17 So. 3d 711, 2009 Fla. App. LEXIS 6892, 2009 WL 1531644

Snippet: entitled to receive reasonable compensation. § 733.6171, Fla. Stat. (2007). "[A] probate court should…must consider in determining a reasonable fee. § 733.6171(5)(a), Fla. Stat. Here, the prepaid legal services

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: Stat. Compensation of personal representative. § 733.6171, Fla. Stat. Compensation of attorney for the personal…compensation disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2007-02-01T00:00:00-08:00

Citation: 948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Snippet: fee waiver disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all…person. § 731.303, Fla. Stat. Representation. § 733.6171, Fla. Stat. Compensation of attorney for the personal…compensation disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2005-09-29T00:00:00-07:00

Citation: 912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Snippet: compensation disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all

Baumann v. Estate of Blum

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-30T00:00:00-08:00

Citation: 898 So. 2d 1106, 2005 Fla. App. LEXIS 4302, 2005 WL 711761

Snippet: services. The Florida Probate Code in section 733.6171(4), Florida Statutes (2003), provides that “[i…services fees, contrary to the mandate of section 733.6171(4). Baumann next argues that the trial court erred

Frazier v. Brechler

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-31T00:00:00-08:00

Citation: 868 So. 2d 673, 2004 Fla. App. LEXIS 4081, 2004 WL 624954

Snippet: , pursuant to the factors contained in section 733.6171, Florida Statutes (2001). AFFIRMED in part; REVERSED

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: fee waiver disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all…person. § 731.303, Fla. Stat. Representation. § 733.6171, Fla. Stat. Compensation of attorney for the personal…Stat. Compensation of personal representative. § 733.6171, Fla. Stat. Compensation of attorney for the personal…compensation disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all

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: fee rate provided for in sections 733.617 and 733.6171, Florida Statutes (1997), plus additional fees…provided in section 733.617 for the P.R. and section 733.6171 for counsel, and no additional fees for extraordinary…the federal estate tax return based on section 733.6171(4)(e), Florida Statutes, which presumes a reasonable…(2), Florida Statutes (1992), formerly section 733.6171(8), provides: *210Court proceedings to determine

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2002-05-02T00:00:00-07:00

Citation: 824 So. 2d 849, 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

Snippet: unless-the disclosure is waived pursuant-to Section 733.6171-(-9)-ef the Florida Statutes-by the parties boaring

The Florida Bar v. Carlon

Court: Fla. | Date Filed: 2002-04-25T00:53:00-07:00

Citation: 820 So. 2d 891

Snippet: entitled to an approximate fee of $3435 under section 733.6171, Florida Statutes (2000). The referee found that…referee's guilt finding. For instance, section 733.6171 sets forth a statutorily presumed reasonable fee…probate matter was consistent with amount section 733.6171 would have allowed). Further, the Bar's expert

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: were calculated pursuant to sections 783.617 and 733.6171 Florida Statutes (1999). Hood and Ham-matt were

Brake v. Swan

Court: Fla. Dist. Ct. App. | Date Filed: 2000-07-19T00:53:00-07:00

Citation: 767 So. 2d 500

Snippet: representative] without receiving expert testimony." § 733.6171(6), Fla. Stat. (1997). For a different reason,

Kushner v. Engelberg, Cantor & Leone, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-03-17T00:00:00-08:00

Citation: 750 So. 2d 33, 1999 Fla. App. LEXIS 3142, 1999 WL 140598

Snippet: support the fee awarded. Appellee points to section 733.6171(3), Florida Statutes (1993),1 as support for its…only “presumed” reasonable compensation. See § 733.6171(3). It also authorizes a trial court to consider…reasonable compensation in any given estate. See § 733.6171(4). We think that the trial court must look to

Cannie v. Estate of Cannie

Court: Fla. Dist. Ct. App. | Date Filed: 1999-03-12T00:00:00-08:00

Citation: 728 So. 2d 339, 1999 Fla. App. LEXIS 2674, 1999 WL 129460

Snippet: from her portion of the Estate and Trust. Section 733.6171, Florida Statutes, sets forth the bases for payment… including the quoted language in the order, § 733.6171 does not contemplate a prospective award of fees

Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell v. Brown

Court: Fla. Dist. Ct. App. | Date Filed: 1998-12-02T00:00:00-08:00

Citation: 725 So. 2d 385, 1998 Fla. App. LEXIS 15022

Snippet: authority to which Boose, Casey points, section 733.6171, does not apply to this case. Bitterman v. Bitterman