Personal Representative Fees in Florida (Executor Fees)

Fla. Stat. § 733.617 statutory fee schedule + extraordinary services + waivers

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Personal representative fees in Florida (sometimes called executor fees) are governed by Fla. Stat. § 733.617. The statute establishes a default percentage-based fee schedule based on the compensable value of the estate. The personal representative can accept the statutory fee, charge less, or charge more in specific circumstances (with court approval).

Personal representative compensation is a separate item from attorney fees (which are governed by § 733.6171 and discussed on our probate attorney fees page). Both are paid from the estate before distribution to beneficiaries.

Florida Personal Representative Fees — Frequently Asked Questions

How much does a personal representative get paid in Florida?

Florida’s default fee schedule under Fla. Stat. § 733.617 is: 3% on the first $1 million of compensable estate value, 2.5% on the next $4 million, 2% on the next $5 million, and 1.5% on any amount above $10 million. For an estate of $500,000, the statutory PR fee would be approximately $15,000. For a $1 million estate, $30,000. Personal representatives can also charge for ‘extraordinary services’ separately.

What is 'compensable estate value' for Florida PR fees?

Under Fla. Stat. § 733.617(2), compensable value is the inventory value of the probate estate plus income earned by the estate during administration. It does NOT include: (1) homestead property protected from creditors, (2) assets passing outside probate (joint accounts, beneficiary designations, trust assets), or (3) life insurance proceeds payable to a named beneficiary. So the ‘compensable value’ is typically smaller than the decedent’s total wealth.

Can a family member serve as personal representative without taking a fee?

Yes. The personal representative can waive compensation entirely or charge less than the statutory amount. Many family-member PRs waive the fee for personal reasons (avoiding taxable income, treating the role as a family obligation). The PR can also accept partial compensation. The waiver should be in writing and filed with the court.

Does a PR fee count as taxable income in Florida?

Yes for federal income tax purposes. Personal representative compensation is taxable as ordinary income to the PR in the year received. It’s reported on the PR’s individual Form 1040 (typically on Schedule C if the PR does multiple estate engagements, or as ‘other income’ for a one-time family role). Florida has no state income tax, so there’s no Florida tax. This is one common reason family members waive the fee — they’d rather receive their share as an inheritance (generally not taxable) than as compensation (taxable).

What are 'extraordinary services' for a Florida PR?

Under Fla. Stat. § 733.617(3), extraordinary services beyond the ordinary scope of probate administration entitle the PR to additional compensation, including: (a) sale of real or personal property, (b) conduct of litigation on behalf of or against the estate, (c) involvement in tax matters or audits, (d) carrying on the decedent’s business, (e) dealing with protected homestead. The PR must petition the court for approval of extraordinary fees with detail justifying them.

Can co-personal representatives each get the full statutory fee in Florida?

No. When multiple PRs serve, they share the statutory compensation (Fla. Stat. § 733.617(7)) unless the will provides otherwise. The court may apportion the fee based on the work each PR performed, but the total compensation to all PRs combined is limited to the statutory amount. This avoids the estate paying double for the same work.

Can beneficiaries object to a Florida PR's fee?

Yes. Beneficiaries can object to the PR’s fee when it appears on the accounting. Objections are filed in the probate court and typically argue either that (a) the statutory fee is excessive given the actual work performed, or (b) extraordinary fees being claimed weren’t actually extraordinary. The probate court resolves the dispute, sometimes reducing the fee or requiring detailed time records to justify it.

How is the PR fee actually paid in Florida?

The PR fee is paid from estate assets before distribution to beneficiaries, typically toward the end of administration as part of the final accounting and distribution. The PR files an accounting showing the fee, beneficiaries have 30 days to object, and (if no objections or after court resolves them) the fee is paid. Some PRs take partial fee payments during a long administration to manage cash flow.

Is the PR fee separate from the attorney's fee in Florida probate?

Yes — completely separate. The personal representative fee is paid to the PR under Fla. Stat. § 733.617. The attorney fee is paid to the probate attorney under Fla. Stat. § 733.6171. Both come out of the estate. For a $500,000 estate, expect approximately $15,000 in PR fees PLUS approximately $15,000 in attorney fees if both follow the statutory percentage. In practice, most cases use flat-fee arrangements that are substantially below the statutory percentage for both PR and attorney compensation.