Chapter 733 — Administration of Estates

Florida Statute 733.617

“Compensation of personal representative”

What it means

Personal representatives get paid, and this section sets how much. For ordinary services, the commission is payable from estate assets without a court order, computed on compensable value — the inventory value of the probate estate assets plus income earned during administration. The presumed-reasonable schedule: 3% of the first $1 million; 2.5% above $1 million up to $5 million; 2% above $5 million up to $10 million; 1.5% above $10 million.

Extraordinary services — selling real or personal property, litigation for or against the estate, tax proceedings, carrying on the decedent's business, dealing with protected homestead — justify further compensation. The percentages are presumptions, not a ceiling or a floor: on petition of an interested person, the court may increase or decrease the figure.

— What it says

Schedule: 3% of the first $1 million; 2.5% above $1M to $5M; 2% above $5M to $10M; 1.5% above $10M.
Computed on compensable value: inventory value of probate assets plus income earned during administration — not the gross estate.
Extraordinary services — property sales, litigation, tax proceedings, the decedent's business, protected homestead — earn additional compensation.
Two PRs and $100,000+ of compensable value: each takes a full commission; more than two split two commissions.
A will's specific compensation terms control — but the PR can usually renounce them and take the statutory rate.
An attorney (or person related to one) who drafted the will nominating themselves as PR forfeits compensation unless related to the testator or the required disclosures were made before signing.

— In a real probate

How it plays out

The commission is real money — $30,000 on a $1 million estate — and the first decision is whether to take it. Family PRs who are also the main beneficiaries usually waive it: the commission is taxable income, while an inheritance generally is not. Professional fiduciaries take it. When two siblings serve together on an estate over $100,000, the each-gets-a-full-commission rule surprises everyone, so we put the fee conversation in writing before letters issue, not at the final accounting.

Where this shows up

Pages on this site where § 733.617 does real work:

Related sections

§ 733.6171Compensation of attorney for the personal representative § 733.106Costs and attorney fees § 733.602General duties § 733.612Transactions authorized for the personal representative; exceptions § 733.604Inventories and accountings; public records exemptions

Questions people ask

How much does a personal representative get paid in Florida?

Florida Statute 733.617 presumes reasonable a commission of 3% of the first $1 million of compensable value, 2.5% up to $5 million, 2% up to $10 million, and 1.5% above that — plus additional pay for extraordinary services like sales and litigation.

Does the personal representative fee come out of the estate?

Yes — the commission is payable from estate assets without a court order, before distributions. It runs alongside the attorney's separate fee under Florida Statute 733.6171. Any interested person can petition the court to raise or lower it.

The official text

This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.

Read § 733.617