The Short Answer

In many Florida probate cases, the attorney for the personal representative (executor) is paid from estate assets, and fees are generally allowed to be paid without a separate court order as long as they are reasonable. Whether a retainer can be paid from estate funds often depends on timing (whether the estate has liquid funds available), the fee agreement terms, and whether anyone objects to the fees.

What Florida Law Says

Florida probate law treats the personal representative’s attorney as part of the administration of the estate. That means attorney compensation is typically an estate expense (not a personal expense of the executor), but it must still be reasonable and can be reviewed by the court if challenged.

The Statute

The primary law governing this issue is Fla. Stat. § 733.6171.

This statute establishes that attorneys for personal representatives are entitled to reasonable compensation payable from estate assets (generally without court order), subject to required disclosures, agreements, and the ability of interested persons to object.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If beneficiaries or other interested persons object to fees, the timing and procedure under the probate rules can affect whether fees get approved, reduced, or delayed (and whether prior payments must be refunded).
• Burden of Proof: If fees are challenged, the personal representative and the attorney may have to justify both the employment and the reasonableness of compensation. Florida law allows court review and potential refunds if compensation is found excessive. See Fla. Stat. § 733.6175.
• Exceptions: If the required written disclosures are not made when an attorney intends to charge based on the statutory schedule, the attorney may not be paid without prior court approval or written consent of all interested persons. See Fla. Stat. § 733.6171(2).

As for paying a retainer from estate funds: even when fees are ultimately payable from the estate, the safest approach depends on whether the estate has opened accounts, whether the funds are clearly probate assets, and whether the payment could later be attacked as premature or unreasonable. A probate attorney can structure the engagement and payment method to reduce the risk of disputes and personal liability for the executor.

If you want more background on fiduciary compensation issues, you may also find this helpful: How Do Executor (Personal Representative) Fees Work in Florida, and What Records Support a Reasonable Commission?

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.