Florida Statute 733.617
“Compensation of personal representative”
What it means
A personal representative is entitled to a commission payable from the estate assets without court order for ordinary services. It is based on the compensable value of the estate: the inventory value of the probate estate assets plus income earned during administration. In formal administration, these rates are presumed reasonable: 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.
The PR is also allowed reasonable further compensation for extraordinary services, including sale of real or personal property, litigation, tax proceedings, carrying on the decedent's business, and dealing with protected homestead. On petition of an interested person, the court may increase or decrease compensation for ordinary services or award it for extraordinary services, weighing the factors in subsection (7).
If a will sets specific compensation criteria, the PR is entitled to compensation under it. Unless the will refers to the PR's published fee schedule, or a written contract with the decedent exists, the PR may renounce those provisions and take compensation under this section. A PR may also renounce all or part of any compensation (subsection (4)). An attorney nominated as PR in a will the attorney prepared or supervised receives no PR compensation unless related to the testator or the required disclosures were made before execution (subsection (8)).
- Presumed reasonable rates: 3% of the first $1 million; 2.5% to $5 million; 2% to $10 million; 1.5% above $10 million (§ 733.617(2)).
- The base is compensable value: inventory value of the probate estate assets plus income earned during administration (§ 733.617(1)).
- Extraordinary services, such as sales of property, litigation, tax proceedings, the decedent's business, and protected homestead, earn further compensation (§ 733.617(3)).
- With two PRs and compensable value of $100,000 or more, each receives a full commission; with more than two, the compensation of two is apportioned (§ 733.617(5)).
- On petition, the court may increase or decrease compensation for ordinary services (§ 733.617(7)).
- An attorney who drafted or supervised a will nominating the attorney or a related person as PR is not entitled to PR compensation unless related to the testator or disclosures were made (§ 733.617(8)(a)).
Text of the statute (2026)
(1) A personal representative shall be entitled to a commission payable from the estate assets without court order as compensation for ordinary services. The commission shall be 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 administration. (2) A commission computed on the compensable value of the estate is presumed to be reasonable compensation for a personal representative in formal administration as follows: (a) At the rate of 3 percent for the first $1 million. (b) At the rate of 2.5 percent for all above $1 million and not exceeding $5 million. (c) At the rate of 2 percent for all above $5 million and not exceeding $10 million. (d) At the rate of 1.5 percent for all above $10 million.
(3) In addition to the previously described commission, a personal representative shall be allowed further compensation as is reasonable for any extraordinary services including, but not limited to: (a) The sale of real or personal property. (b) The conduct of litigation on behalf of or against the estate. (c) Involvement in proceedings for the adjustment or payment of any taxes. (d) The carrying on of the decedent’s business. (e) Dealing with protected homestead. (f) Any other special services which may be necessary for the personal representative to perform.
(4) If the will provides that a personal representative’s compensation shall be based upon specific criteria, other than a general reference to commissions allowed by law or words of similar import, including, but not limited to, rates, amounts, commissions, or reference to the personal representative’s regularly published schedule of fees in effect at the decedent’s date of death, or words of similar import, then a personal representative shall be entitled to compensation in accordance with that provision. However, except for references in the will to the personal representative’s regularly published schedule of fees in effect at the decedent’s date of death, or words of similar import, if there is no written contract with the decedent regarding compensation, a personal representative may renounce the provisions contained in the will and be entitled to compensation under this section. A personal representative may also renounce the right to all or any part of the compensation.
(5) If the probate estate’s compensable value is $100,000 or more, and there are two representatives, each personal representative is entitled to the full commission allowed to a sole personal representative. If there are more than two personal representatives and the probate estate’s compensable value is $100,000 or more, the compensation to which two would be entitled must be apportioned among the personal representatives. The basis for apportionment shall be one full commission allowed to the personal representative who has possession of and primary responsibility for administration of the assets and one full commission among the remaining personal representatives according to the services rendered by each of them respectively. If the probate estate’s compensable value is less than $100,000 and there is more than one personal representative, then one full commission must be apportioned among the personal representatives according to the services rendered by each of them respectively.
Upon petition of any interested person, the court may increase or decrease the compensation for ordinary services of the personal representative or award compensation for extraordinary services if the facts and circumstances of the particular administration warrant.
(8)(a) An attorney serving as a personal representative, or a person related to the attorney, is not entitled to compensation for serving as a personal representative if the attorney prepared or supervised the execution of the will that nominated the attorney or person related to the attorney as personal representative, unless the attorney or person nominated is related to the testator, or the attorney makes the following disclosures to the testator before the will is executed:
Excerpts are the subsections the summary relies on. Read the full official text of § 733.617.
History. s. 1, ch. 74-106; s. 80, ch. 75-220; s. 1, ch. 76-172; s. 5, ch. 88-340; s. 1, ch. 90-129; s. 10, ch. 93-257; s. 1, ch. 95-401; s. 141, ch. 2001-226; s. 109, ch. 2002-1; s. 8, ch. 2020-67.
How it applies
The commission is computed on compensable value, defined as the inventory value of the probate estate assets plus income earned during administration (§ 733.617(1)). At a compensable value of $1 million, the 3% rate yields $30,000. The schedule states a presumption of reasonableness, and on petition of an interested person the court may increase or decrease compensation for ordinary services (§ 733.617(7)). A PR may renounce all or part of the compensation (§ 733.617(4)). Attorney compensation is a separate item governed by § 733.6171.
Where this shows up
Pages on this site where § 733.617 does real work:
- Florida probate timeline 2026
- Florida personal representative duties: who can serve, a phased checklist from appointment to discharge, creditor and tax deadlines, compensation, liability, resignation and removal
- Probate vs trust administration in Florida: differences, steps and deadlines
- Executor and personal representative fees in Florida: the § 733.617 commission
- Andy Warhol
- Arnold Palmer
- The founder with no successor
- Lucille Ball & Desi Arnaz
- Doris Duke
- Errol Flynn
Questions people ask
Sources
- Fla. Stat. § 733.617 (2026) (Subsections (1)-(8): commission schedule, extraordinary services, will terms and renunciation, court adjustment, attorney-nominee limit.)
- Fla. Stat. § 733.6171 (2026) (Attorney compensation is a separate item.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.