Florida Statute 733.6171
“Compensation of attorney for the personal representative”
ch. 2026-57 (effective July 1, 2026). Added paragraph (4)(l), which lists involvement in any proceeding to enforce the authority of a personal representative as an extraordinary service. Paragraph (2)(b)5. and subsection (6) were reworded ("shall" replaced by "must" or "may not", "prior to" by "before"); the act's title describes these as technical changes. Section 6 of the act does not amend the fee schedule in subsection (3).
What it means
For ordinary services in a formal administration, attorney compensation is presumed reasonable when based on the compensable value of the estate (inventory value of probate assets plus income earned during administration): $1,500 for estates of $40,000 or less; an additional $750 above $40,000 up to $70,000; an additional $750 above $70,000 up to $100,000 (totaling $3,000); 3% on the next $900,000; 2.5% above $1 million up to $3 million; 2% above $3 million up to $5 million; 1.5% above $5 million up to $10 million; 1% above $10 million.
The schedule is subject to agreement. The attorney, PR, and persons bearing the impact may agree to a different manner of compensation. An attorney who intends to charge under the schedule must give the PR written disclosures (no mandatory statutory fee; the fee need not be based on estate size; the fee is negotiable; the PR chooses the attorney; the PR is entitled to a summary of services) and obtain the PR's timely signature. Without them, the attorney may not be paid without prior court approval or the written consent of all interested parties.
Attorneys also receive reasonable compensation for extraordinary services (subsection (4)), and the court may increase or decrease fees on petition of an interested person (subsection (5)). Since July 1, 2026 (ch. 2026-57), paragraph (4)(l) lists involvement in a proceeding to enforce the PR's authority as an extraordinary service.
- Fixed tiers: $1,500 (up to $40,000), plus $750 (to $70,000), plus $750 (to $100,000), totaling $3,000 (§ 733.6171(3)(a)-(c)).
- Percentage tiers: 3% on the next $900,000; 2.5% to $3M; 2% to $5M; 1.5% to $10M; 1% above $10M (§ 733.6171(3)(d)-(h)).
- The schedule is a presumption: the attorney, the PR, and persons bearing the cost may agree to compensation determined in a different manner (§ 733.6171(2)(a)).
- Before charging under the schedule, the attorney must give five written disclosures, including that no fee is mandatory and that the fee is negotiable, and obtain the PR's signature (§ 733.6171(2)(b)-(c)).
- Without the disclosures, the attorney may not be paid without prior court approval or written consent of all interested parties (§ 733.6171(2)(d)).
- Since July 1, 2026, involvement in a proceeding to enforce the PR's authority is a listed extraordinary service (§ 733.6171(4)(l)).
Text of the statute (2026)
(2)(a) The attorney, the personal representative, and persons bearing the impact of the compensation may agree to compensation determined in a different manner than provided in this section. Compensation may also be determined in a different manner than provided in this section if the manner is disclosed to the parties bearing the impact of the compensation and if no objection is made as provided for in the Florida Probate Rules.
(b) An attorney representing a personal representative in an estate administration who intends to charge a fee based upon the schedule set forth in subsection (3) shall make the following disclosures in writing to the personal representative: 1. There is not a mandatory statutory attorney fee for estate administration. 2. The attorney fee is not required to be based on the size of the estate, and the presumed reasonable fee provided in subsection (3) may not be appropriate in all estate administrations. 3. The fee is subject to negotiation between the personal representative and the attorney. 4. The selection of the attorney is made at the discretion of the personal representative, who is not required to select the attorney who prepared the will. 5. The personal representative is entitled to a summary of ordinary and extraordinary services rendered for the fees agreed upon at the conclusion of the representation. The summary must be provided by counsel and must consist of the total hours devoted to the representation or a detailed summary of the services performed during the representation.
(c) The attorney shall obtain the personal representative’s timely signature acknowledging the disclosures. (d) If the attorney does not make the disclosures required by this section, the attorney may not be paid for legal services without prior court approval of the fees or the written consent of all interested parties.
(3) Subject to subsection (2), compensation for ordinary services of attorneys in a formal estate administration is presumed to be reasonable if 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 the administration as provided in the following schedule: (a) One thousand five hundred dollars for estates having a value of $40,000 or less. (b) An additional $750 for estates having a value of more than $40,000 and not exceeding $70,000. (c) An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000. (d) For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000. (e) At the rate of 2.5 percent for all above $1 million and not exceeding $3 million. (f) At the rate of 2 percent for all above $3 million and not exceeding $5 million. (g) At the rate of 1.5 percent for all above $5 million and not exceeding $10 million. (h) At the rate of 1 percent for all above $10 million.
(l) Involvement in any proceeding to enforce the authority of a personal representative as conferred by this code.
Upon petition of any interested person, the court may increase or decrease the compensation for ordinary services of the attorney or award compensation for extraordinary services if the facts and circumstances of the particular administration warrant.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.6171.
History. s. 4, ch. 93-257; s. 2, ch. 95-401; s. 142, ch. 2001-226; s. 1, ch. 2021-145; s. 6, ch. 2026-57.
How it applies
Applied to a $500,000 estate, the schedule produces $3,000 plus 3% of $400,000, or $15,000, as the presumed reasonable fee for ordinary services. The presumption can be displaced by agreement, and the court can adjust fees on petition. The subsection (2) disclosure requirements apply to an attorney who intends to charge under the schedule, and the statute states that no fee is mandatory. Enforcement proceedings for the PR's authority fall within the extraordinary services list, with fee awards for a prevailing PR addressed in § 733.6125.
Where this shows up
Pages on this site where § 733.6171 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
- Will contest in Florida: grounds, deadlines and the 3-month objection period
- Probate vs trust administration in Florida: differences, steps and deadlines
- Executor and personal representative fees in Florida: the § 733.617 commission
- Trust administration after death in Florida: successor trustee duties, notices and deadlines
- Small estate / no real property
- Andy Warhol
- Errol Flynn
- James Deering
Questions people ask
Sources
- Fla. Stat. § 733.6171 (2026) (Subsections (1)-(6): presumed-reasonable schedule, disclosures, extraordinary services, court adjustment.)
- Ch. 2026-57, Laws of Florida (CS/HB 1337) (Section 6 amends paragraph (2)(b) and subsection (6), and adds paragraph (4)(l), of s. 733.6171; section 14 provides that the act takes effect July 1, 2026.)
- Fla. Stat. § 733.6125 (2026) (Costs and fees for a prevailing PR in a proceeding to enforce the PR's authority.)
Last checked: October 17, 2026
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