The Short Answer

In Florida probate, an executor (called a “personal representative”) is generally entitled to a commission paid from estate assets for ordinary services, and the law provides a percentage schedule that is presumed reasonable in many formal administrations. If someone challenges the amount, the personal representative may have to justify that the compensation was reasonable—so good records matter.

What Florida Law Says

Florida law ties ordinary personal representative compensation to the estate’s “compensable value,” which is generally the inventory value of probate assets plus income earned during administration. The statute also allows additional compensation for “extraordinary services” (for example, selling property or handling litigation), and it permits the court to increase or decrease compensation based on the circumstances if an interested person asks for review.

The Statute

The primary law governing this issue is Fla. Stat. § 733.617.

This statute establishes that a personal representative is entitled to a commission for ordinary services based on the compensable value of the estate (with a percentage schedule presumed reasonable), and it also authorizes additional reasonable compensation for extraordinary services.

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: Fee disputes can arise during administration and may be raised by “interested persons.” If a challenge is filed, timing and the posture of the case can affect leverage and outcomes, especially if distributions are pending.
• Burden of Proof: If compensation is reviewed, the personal representative can be required to prove the reasonableness of the commission and the propriety of compensation—Florida law places the burden on the personal representative in compensation review proceedings. See Fla. Stat. § 733.6175.
• Exceptions: The will may set different compensation criteria, extraordinary services may justify additional fees, and the court can increase or decrease fees based on multiple factors—each of which requires careful legal analysis under Fla. Stat. § 733.617.

As for documentation, the key is being able to substantiate (1) what work was done, (2) why it benefited the estate, and (3) whether it was ordinary vs. extraordinary. Common categories of records that help support “reasonable” compensation include: contemporaneous time and task logs; correspondence and decision records (beneficiaries, creditors, professionals); asset management and sale records; receipts/invoices and engagement letters for professionals; proof of deposits/disbursements and estate account statements; and notes showing risk/responsibility assumed and issues resolved. An attorney can help you frame these records in a way that aligns with the statutory factors and reduces the risk of objections.

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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.