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FAQs / Probate Duties / How are fees determined for the personal representative and attorney?

How are fees determined for the personal representative and attorney?

In general, both the personal representative and attorney working on your estate will expect, and be entitled to, reasonable compensation for the services they provide to the estate. These reasonable fees are often determined either contractually before offering services, or can be based off the safe harbor provisions provided by FL probate code for what fee is presumptively reasonable.

To avoid any confusion as to whether fees will be permitted, it is common practice for drafting attorneys to include a clause in estate documents that allows for the payment of fees. Even with a clause that allows for the payment of fees, the amount is often not spelled out and exact dollar figures will need to be agreed upon by the parties involved. While every situation is unique, 3% of the estate assets is considered a presumptively reasonable fee for both personal representatives and attorneys managing the administration of an estate in the state of Florida.

Probate Duties FAQs

  • What is an executor (personal representative) or executrix?
  • Can an executor or trustee be removed?
  • How are fees determined for the personal representative and attorney?
  • Who can be appointed personal representative, aka executor?
  • Who should I name as executor, aka personal representative, of my estate in my Will?

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