The Short Answer

In a Florida probate case, an “hourly retainer” usually means you pay an upfront deposit and the lawyer bills time against it at an hourly rate; you may be asked to replenish the retainer as the case continues. If the estate does not have enough probate assets to pay ongoing fees, the lawyer may need court approval for payment, fees may be reduced or disputed, and in some situations the personal representative (executor) can face pressure to fund fees personally depending on the engagement terms and what work benefited the estate.

What Florida Law Says

Florida probate law generally treats the personal representative’s attorney’s compensation as an administration expense that is typically payable from estate assets, so long as the fee is reasonable and the work is for the estate’s administration (not purely for someone’s personal interests). Florida also allows fee arrangements different from the statutory “presumed reasonable” schedule, but requires specific written disclosures when a lawyer intends to use the statutory schedule.

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 a court order), and it also permits alternative fee agreements and provides disclosure requirements tied to the statutory fee schedule.

In addition, Florida courts can award fees in probate proceedings and can direct what part of the estate bears those fees under Fla. Stat. § 733.106.

Why You Should Speak with an Attorney

Even though Florida law allows reasonable probate attorney compensation to be paid from estate assets, the “retainer + hourly billing” reality can get complicated fast—especially when the estate is cash-poor, assets are illiquid, or beneficiaries object to fees. Outcomes often depend on:

• Reasonableness and benefit to the estate: Whether the work was necessary for administration (versus personal disputes) can determine whether fees should be paid from the estate at all.
• Court involvement and objections: If interested persons object, or if required disclosures weren’t properly handled, fees may need court approval and can be reduced or reallocated. See Fla. Stat. §§ 733.6171(2)(d) and 733.6175.
• Insufficient assets: When probate assets won’t cover administration expenses, decisions about what can be paid, when, and from where can trigger disputes—especially if there are non-probate assets, creditor issues, or litigation driving fees.

If you’re worried the estate won’t be able to sustain hourly billing, it’s important to get legal advice early—because the personal representative’s duties, fee approvals, and potential conflicts can escalate quickly, and mistakes can expose the personal representative to claims by beneficiaries or creditors.

For more background, you may also find these helpful: What Probate Attorney Fees and Costs Should I Expect in Florida? and Can a Florida executor pay a probate attorney retainer from estate funds?.

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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.