Florida Probate Topics
Frequently Searched Questions About Florida Probate
Based upon our experience of helping people with Florida probate matters since 1994, visitors ask the most questions about and are most interested in learning about the following probate topics:
- What are the first steps to take when a loved one dies?
- What do I do with the Will when the testator dies?
- How long does a probate take to complete?
- Find a Broward County Probate Lawyer.
- How Do I File a Will in Broward County, Florida?
- What assets are included in a Probate?
- Find a Florida Probate Lawyer.
- What Happens in Florida If You Die Without a Will?
- What do I do with the car after a loved one dies?
- What are the costs to file a formal probate?
- How do I Remove a Deceased Person’s Name from a Deed?
- Where can I find Probate Forms?
- Where can I read articles about probate?
- How do I File a Summary administration?
- How much is a Personal Representative paid for his/her services?
- Do I need a real estate lawyer if we are selling real estate?
- What is a Will Contest?
- Do we have to pay creditors?
- Find Probate News
- What is a “Sound Mind” in Florida? Will Contests and the Need for Testmentary Capacity in Florida to Have a Valid Florida Will
- Florida Wills: Basic Requirements for a Valid Will Under Florida Law – Are You Sure Your Last Will and Testament Will Be Respected by Florida Probate Courts?
- Florida Will Unfair or Wrong? Challenging a Will in Florida – Who Can Contest a Will and Why (Bases for Florida Will Contests) and When (Deadline)
- Exploiting Elders in Florida: Family Members Financial Abuse of Seniors is “Public Health Epidemic” – Wow.
- Who Gets Your Property if You Die Without a Will in Florida? Determining Heirs Without a Will Under Florida Law
- Probate and Unclaimed Property
- Duties of a Florida Personal Representative
- Personal Representative Duties – Continued
- Florida Probate – An Outline of the Probate Process
- What is Probate?
- Florida Probate Laws
- Florida Ancillary Probate
- Personal Representative’s Qualifications to Act
- Florida Probate Costs
- Florida Probate Creditors
- Buying and Selling Probate Property
- Florida Probate Litigation
- Florida Lost or Destroyed Wills
- Safety Deposit Boxes Under Florida Probate Law
733.617 Compensation of personal representative.—
(1) A personal representative shall be entitled to a commission payable from the estate assets without court order as compensation for ordinary services. The commission shall be based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during administration.
(2) A commission computed on the compensable value of the estate is presumed to be reasonable compensation for a personal representative in formal administration as follows:
(a) At the rate of 3 percent for the first $1 million.
(b) At the rate of 2.5 percent for all above $1 million and not exceeding $5 million.
(c) At the rate of 2 percent for all above $5 million and not exceeding $10 million.
(d) At the rate of 1.5 percent for all above $10 million.
(3) In addition to the previously described commission, a personal representative shall be allowed further compensation as is reasonable for any extraordinary services including, but not limited to:
(a) The sale of real or personal property.
(b) The conduct of litigation on behalf of or against the estate.
(c) Involvement in proceedings for the adjustment or payment of any taxes.
(d) The carrying on of the decedent’s business.
(e) Dealing with protected homestead.
(f) Any other special services which may be necessary for the personal representative to perform.
(4) If the will provides that a personal representative’s compensation shall be based upon specific criteria, other than a general reference to commissions allowed by law or words of similar import, including, but not limited to, rates, amounts, commissions, or reference to the personal representative’s regularly published schedule of fees in effect at the decedent’s date of death, or words of similar import, then a personal representative shall be entitled to compensation in accordance with that provision. However, except for references in the will to the personal representative’s regularly published schedule of fees in effect at the decedent’s date of death, or words of similar import, if there is no written contract with the decedent regarding compensation, a personal representative may renounce the provisions contained in the will and be entitled to compensation under this section. A personal representative may also renounce the right to all or any part of the compensation.
(5) If the probate estate’s compensable value is $100,000 or more, and there are two representatives, each personal representative is entitled to the full commission allowed to a sole personal representative. If there are more than two personal representatives and the probate estate’s compensable value is $100,000 or more, the compensation to which two would be entitled must be apportioned among the personal representatives. The basis for apportionment shall be one full commission allowed to the personal representative who has possession of and primary responsibility for administration of the assets and one full commission among the remaining personal representatives according to the services rendered by each of them respectively. If the probate estate’s compensable value is less than $100,000 and there is more than one personal representative, then one full commission must be apportioned among the personal representatives according to the services rendered by each of them respectively.
(6) If the personal representative is a member of The Florida Bar and has rendered legal services in connection with the administration of the estate, then in addition to a fee as personal representative, there also shall be allowed a fee for the legal services rendered.
(7) Upon petition of any interested person, the court may increase or decrease the compensation for ordinary services of the personal representative or award compensation for extraordinary services if the facts and circumstances of the particular administration warrant. In determining reasonable compensation, the court shall consider all of the following factors, giving weight to each as it determines to be appropriate:
(a) The promptness, efficiency, and skill with which the administration was handled by the personal representative;
(b) The responsibilities assumed by and the potential liabilities of the personal representative;
(c) The nature and value of the assets that are affected by the decedent’s death;
(d) The benefits or detriments resulting to the estate or interested persons from the personal representative’s services;
(e) The complexity or simplicity of the administration and the novelty of the issues presented;
(f) The personal representative’s participation in tax planning for the estate and the estate’s beneficiaries and in tax return preparation, review, or approval;
(g) The nature of the probate, nonprobate, and exempt assets, the expenses of administration, the liabilities of the decedent, and the compensation paid to other professionals and fiduciaries;
(h) Any delay in payment of the compensation after the services were furnished; and
(i) Any other relevant factors.
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