Florida Statute 733.106
“Costs and attorney fees”
ch. 2026-57 (effective July 1, 2026). Section 13 of ch. 2026-57 reenacts subsection (4) of § 733.106 to incorporate the amendment section 6 of the act made to § 733.6171, which subsection (4) cross-references. Section 6 adds § 733.6171(4)(l), listing involvement in a proceeding to enforce a personal representative's authority as an extraordinary service of the attorney.
What it means
Section 733.106 covers costs and fees in probate proceedings. Under subsection (1), costs may be awarded as in chancery actions. Under subsection (2), a person nominated as personal representative (or a proponent of the will, if the nominee does not act within a reasonable time) who was in good faith justified in offering the will in due form for probate receives costs and attorney fees from the estate even though probate is denied or revoked. Under subsection (3), an attorney who has rendered services to an estate may be awarded reasonable compensation from the estate.
Subsection (4) applies when costs and fees are paid from the estate under this section, § 733.6171(4), § 736.1005, or § 736.1006. The court, in its discretion, may direct from what part of the estate they are paid, including assessing them against one or more persons' parts in the proportions it finds just and proper. It may consider 8 listed factors, and it may assess a person's part without finding bad faith, wrongdoing, or frivolousness.
- A nominee, or a proponent if the nominee does not act, justified in good faith in offering the will receives costs and fees from the estate even if probate is denied or revoked (§ 733.106(2)).
- Any attorney who has rendered services to an estate may be awarded reasonable compensation from it (§ 733.106(3)).
- The court may direct from what part of the estate costs and fees are paid (§ 733.106(4)).
- Costs and fees may be assessed against one or more persons' parts of the estate in proportions the court finds just and proper (§ 733.106(4)(b)).
- Factors include the impact on each part, participation, benefit or detriment, merits, prevailing party, and whether a person unjustly increased costs (§ 733.106(4)(c)).
- The court may assess a person's part without a finding of bad faith, wrongdoing, or frivolousness (§ 733.106(4)(d)).
Text of the statute (2026)
(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.
(c) In the exercise of its discretion, the court may consider the following factors: 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.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.106.
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; s. 13, ch. 2026-57.
How it applies
Subsection (4) assessments are decided by the court in a proceeding where costs and fees were incurred, such as a will contest or a dispute with the personal representative. The court may leave costs and fees with the estate as a whole or assess them against particular persons' parts, weighing the listed factors.
A finding of bad faith is not required, and whether a person prevailed is one factor among eight. If a person's part is too small to cover an assessment, subsection (4)(a) lets the court look to that person's part of a trust when a pour-over will is involved and the matter is interrelated with the trust.
Where this shows up
Pages on this site where § 733.106 does real work:
Questions people ask
Sources
- Fla. Stat. § 733.106 (Costs, good-faith proponent fees, attorney compensation, and assessment against a person's part of the estate.)
- Fla. Stat. § 733.6171 (Cross-referenced in § 733.106(4); compensation of the attorney for the personal representative.)
- Ch. 2026-57, Laws of Florida (CS/HB 1337) (Section 13 reenacts § 733.106(4); section 6 amends § 733.6171; section 14: act takes effect July 1, 2026.)
Last checked: October 17, 2026
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