Chapter 733 — Administration of Estates

Florida Statute 733.6171

“Compensation of attorney for the personal representative”

What it means

The schedule most Florida probate quotes are built on. For ordinary services in a formal administration, the fee presumed reasonable is: $1,500 for estates of $40,000 or less; $2,250 up to $70,000; $3,000 up to $100,000; then 3% of the next $900,000; 2.5% above $1 million to $3 million; 2% above $3 million to $5 million; 1.5% above $5 million to $10 million; and 1% above $10 million — all measured on inventory value plus income earned during administration.

None of it is mandatory. Before charging the schedule, the attorney must disclose in writing that there is no mandatory statutory fee, that the fee need not be based on estate size, that it is negotiable, that the PR may hire any attorney, and that the PR is entitled to a summary of services. No disclosures — no payment without prior court approval.

— What it says

Flat bands: $1,500 (up to $40,000), $2,250 (up to $70,000), $3,000 (up to $100,000) — then percentages take over.
Percentage tiers: 3% on the next $900,000; 2.5% above $1M–$3M; 2% above $3M–$5M; 1.5% above $5M–$10M; 1% above $10M.
The base is compensable value: inventory value of the probate estate assets plus income earned during administration.
The schedule is presumed reasonable, not mandatory — the attorney, the PR, and the people bearing the cost may agree to anything else.
Required written disclosures before using the schedule: no mandatory fee, size-based pricing not required, the fee is negotiable, free choice of attorney, and a right to a services summary.
No disclosures → no payment without prior court approval — and any interested person may petition the court to raise or lower the fee.

— In a real probate

How it plays out

Run the schedule on a $500,000 estate: $3,000 plus 3% of $400,000 — $15,000 for ordinary work. That arithmetic is why we quote flat fees instead. The statute itself says the fee is negotiable and does not have to scale with the estate, and the disclosure rules exist because most clients never knew that. When another firm's engagement letter quotes 'the statutory fee,' the subsection (2) disclosure checklist is the first thing we ask to see.

Where this shows up

Pages on this site where § 733.6171 does real work:

Related sections

§ 733.617Compensation of personal representative § 733.106Costs and attorney fees § 733.602General duties § 733.612Transactions authorized for the personal representative; exceptions

Questions people ask

What is the statutory attorney fee for probate in Florida?

Florida Statute 733.6171 presumes reasonable $3,000 plus 3% of the value over $100,000 — $30,000 on a $1 million estate — with lower percentages above $1 million. It is not mandatory: the statute requires written disclosure that the fee is negotiable.

Do I have to pay my probate lawyer a percentage of the estate?

No. The percentage schedule is only presumed reasonable. Florida Statute 733.6171(2) requires attorneys to disclose in writing that no statutory fee is mandatory, that fees need not be based on estate size, and that the fee is negotiable.

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 § 733.6171