Florida Estate Planning Lawyer Blog
The Florida Bar has released consumer information on Florida Probate.
One of the most common questions is how fees are determined in a Florida probate case.
The personal representative, the attorney and other professionals whose services may be required in administering the estate (such as appraisers and accountants) are entitled by law to reasonable compensation.
The fee for the personal representative is usually determined in one of five ways:
(1) as set forth in the will;
(2) as set forth in a contract between the personal representative and the decedent;
(3) as agreed among the personal representative and the persons who bear the impact of the fee;
(4) as the amount presumed to be reasonable as calculated under Florida law if the amount is not objected to; or
(5) as determined by the judge, applying Florida law.
Likewise, the fee for the attorney for the personal representative is usually determined
(1) as agreed among the attorney, the personal representative and the persons who bear the impact of the fee,
(2) as the amount presumed to be reasonable calculated under Florida law, if the amount is not objected to, or
(3) as determined by the judge, applying Florida law.
That being said each case is different and the fees depend on the type of assets, complexity of the case, and the conflict between the beneficiaries or heirs of the estate. To find out what a reasonable fee for a probate case please contact a Florida probate lawyer.