Personal Representative Compensation in Florida: The Fla. Stat. 733.617 Fee Schedule with Examples

Serving as the personal representative of a Florida estate is real work. You must marshal assets, publish notice to creditors, file an inventory with the Miami-Dade County probate court, pay valid claims, prepare tax filings, and ultimately distribute the estate to beneficiaries. Florida law recognizes that effort and, unlike many family members expect, the personal representative is presumptively entitled to compensation under a specific statutory formula: Fla. Stat. § 733.617.

This page explains exactly how the statute works, walks through worked dollar-figure examples, covers extraordinary services and multiple personal representatives, and explains when a Miami probate court can increase or decrease the fee.

The Statutory Standard: "Reasonable" Compensation Presumed by Formula

Fla. Stat. § 733.617(1) provides that a personal representative is entitled to a commission payable from estate assets "as compensation for ordinary services." The statute then does something unusual: rather than leaving "reasonable" open-ended, § 733.617(2) declares that a commission computed on the compensable value of the estate using the following tiered schedule is presumed to be reasonable:

Two definitions in § 733.617(2) matter enormously:

• Compensable value means the inventory value of the probate estate assets plus income earned by the estate during administration. If the estate holds rental property in Miami that generates $40,000 in rent during the administration, that income is added to the base.
• Only probate assets count. Assets that pass outside probate — property held as tenancy by the entirety, accounts with pay-on-death designations, and real estate transferred by a lady bird deed — are excluded from the compensable value entirely. Protected homestead is also generally excluded, because it is not a probate asset in the ordinary sense (though dealing with homestead can trigger an extraordinary fee, discussed below).

Worked Examples: What the Fee Actually Looks Like

Example 1: A $600,000 Miami Estate

A decedent leaves a probate estate consisting of a $450,000 brokerage account and $150,000 in bank deposits. The compensable value is $600,000, which falls entirely within the first tier:

• 3% × $600,000 = $18,000 presumptive commission

Example 2: A $2.5 Million Estate

The estate inventories at $2.4 million and earns $100,000 in dividends and interest during administration, for a compensable value of $2.5 million:

• 3% × first $1,000,000 = $30,000
• 2.5% × remaining $1,500,000 = $37,500
• Total presumptive commission: $67,500

Example 3: A $12 Million Estate

• 3% × $1,000,000 = $30,000
• 2.5% × $4,000,000 = $100,000
• 2% × $5,000,000 = $100,000
• 1.5% × $2,000,000 = $30,000
• Total presumptive commission: $260,000

Note that the personal representative's commission is separate from — and in addition to — the estate attorney's fee, which is governed by a parallel schedule in Fla. Stat. § 733.6171. To estimate both figures for a specific estate, use our Florida probate fee calculator.

Extraordinary Services Under § 733.617(3)

The schedule above compensates ordinary administration. Section 733.617(3) authorizes additional compensation, in an amount the court determines is reasonable, when the personal representative performs extraordinary services, including:

• The sale of real or personal property — common in Miami estates, where a condominium or single-family home often must be sold to fund distributions;
• Litigation — conducting or defending will contests, creditor claim disputes, or proceedings for the benefit of the estate, such as a partition action involving inherited real property;
• Adjustment or payment of estate, gift, or income tax matters, including audits;
• Carrying on the decedent's business during administration;
• Dealing with protected homestead, such as obtaining an order determining homestead status; and
• Any other special services that may be necessary.

Worked example: In the $600,000 estate above, suppose the personal representative also had to sell the decedent's non-homestead condo, negotiate a special assessment dispute with the association, and defend a disputed $75,000 creditor claim. The $18,000 base commission covers none of that. The personal representative may petition the Miami-Dade probate court for additional reasonable compensation for each extraordinary service, typically supported by time records and a description of the work performed.

Two or More Personal Representatives

Section 733.617(5) addresses co-personal representatives. If the probate estate's compensable value is $100,000 or more and there are two personal representatives, each is entitled to a full commission for ordinary services. If there are more than two, the compensation of two full commissions is apportioned among them according to the services rendered. This rule surprises many families: naming two adult children as co-personal representatives of a $2.5 million estate can mean $135,000 in total presumptive commissions instead of $67,500.

When the Will Sets the Fee — and When the Court Adjusts It

Compensation Fixed by the Will

Under § 733.617(4), if the will provides for the personal representative's compensation, that provision controls — but the personal representative may renounce the will's fee provision before qualifying and instead claim the statutory commission. A testator who wants to genuinely cap the fee should discuss enforcement mechanisms when the estate plan is drafted; this is one of many reasons the structure of your documents matters as much as their cost.

Court Adjustment Under § 733.617(7)

The statutory commission is a presumption, not a guarantee. On petition by an interested person — a beneficiary who believes the fee is excessive, or a personal representative who believes it is inadequate — the court may increase or decrease the compensation or award extraordinary fees. Section 733.617(7) directs the court to consider, among other factors:

1. The promptness, efficiency, and skill with which the administration was handled;
2. The responsibilities assumed and potential liabilities of the personal representative;
3. The nature and value of the assets affected by the personal representative's decisions;
4. The benefits or detriments resulting to the estate from those decisions;
5. The complexity or simplicity of the administration and any novel issues presented;
6. The personal representative's participation in tax planning and tax return preparation; and
7. The nature of the probate proceeding and any adversary proceedings or litigation.

Practically, this means a personal representative who delays the administration, mismanages assets, or forces beneficiaries to litigate can see the presumptive commission reduced — and a personal representative who navigates a genuinely complex estate skillfully can justify more.

Procedure and Timing in a Miami Probate

There is no separate filing deadline to "claim" the commission, but the practical mechanics matter:

• The commission is payable from estate assets without a court order when it matches the statutory schedule, though prudent personal representatives disclose it in the accounting.
• The fee must be disclosed in the final accounting served on beneficiaries, who then have 30 days after service to object under Florida Probate Rule 5.401. An unobjected-to accounting is generally binding.
• Requests for extraordinary compensation should be made by petition with notice to interested persons, and are best supported by contemporaneous time and task records.
• Remember the commission is taxable income to the personal representative. A family member who is also the sole beneficiary often waives the commission, because an inheritance is income-tax-free while a commission is not.

You can contact the Law Offices of Albert Goodwin by phone at 786-522-1411 or by email at [email protected].