Florida Executor Compensation: How Much They Get Paid

Florida sets a presumptive statutory commission schedule for personal representatives (the Florida term for an executor). Under Florida Statutes Section 733.617, a commission based on the value of the estate is presumed to be reasonable compensation for ordinary services, and the court can award more for extraordinary work. This guide explains the statutory schedule, what counts as reasonable, and how compensation is handled during probate.

How Florida Executor Compensation Works

In Florida, the person who manages an estate is called the "personal representative" rather than executor. The terms mean the same thing. Under Florida Statutes Section 733.617, personal representatives can receive reasonable compensation for their ordinary services.

The "Reasonable Compensation" Standard

Florida Statutes Section 733.617 sets a presumptive commission schedule (shown below) that is treated as reasonable compensation for a personal representative's ordinary services. A court can approve additional compensation for extraordinary services, or adjust the fee if an interested party objects. In evaluating compensation, courts weigh factors such as:

• The size and complexity of the estate
• The time and effort the work requires
• The skill needed to handle estate matters
• Local rates for similar services
• Whether the personal representative brings special expertise

Because the schedule is a presumption rather than a hard cap, there is some flexibility: a court can approve more for extraordinary services, and an interested party can ask the court to review a fee as unreasonable.

What Counts as Ordinary Services?

Florida divides personal representative duties into "ordinary" and "extraordinary" services. This distinction matters because compensation differs for each type.

Ordinary Services Include

Personal representatives receive their base compensation for ordinary services like:

• Collecting and inventorying estate assets
• Managing estate property during administration
• Paying valid creditor claims
• Filing required tax returns
• Distributing assets to beneficiaries
• Filing court documents and accountings
• Communicating with beneficiaries and the court
• Working with the estate attorney

These tasks come with every estate and fall under the standard fee.

Extraordinary Services

Personal representatives can request extra compensation for extraordinary services that go beyond normal duties:

• Managing an active business
• Handling complex tax issues
• Litigating contested matters
• Selling real estate (beyond simple transactions)
• Dealing with problem beneficiaries
• Managing rental properties
• Resolving title issues
• Handling claims against third parties

The court must separately approve extraordinary fees. You need to document the extra work you performed.

The Florida Statutory Commission Schedule

Florida Statutes Section 733.617(2) sets a presumptive commission on the value of the estate. These rates are presumed reasonable for a personal representative's ordinary services.

Presumptive Commission Rates (F.S. 733.617)

The commission is calculated on the "compensable value of the estate," generally the inventory value of the probate assets plus any income the assets earn during administration. The court can approve additional compensation for extraordinary services.

Dollar Amount Examples

Here is what the presumptive schedule works out to for ordinary services:

Factors That Increase Fees

Personal representatives may justify higher compensation when:

• The estate includes unusual assets (businesses, collectibles, intellectual property)
• Multiple properties need management or sale
• Creditor claims require negotiation or litigation
• Beneficiaries are difficult or contentious
• Tax issues are complex
• The estate spans multiple states
• Administration takes longer than expected due to legitimate complications

Factors That Decrease Fees

Lower fees may fit better when:

• The estate consists mainly of simple assets (bank accounts, securities)
• An attorney handles most administrative tasks
• Administration proceeds smoothly without complications
• The personal representative has limited involvement
• A corporate fiduciary handles investment management

How Personal Representatives Request Compensation

Florida personal representatives must follow specific procedures to receive their fees. Here is how it works.

Step 1: Track Your Time and Efforts

Keep detailed records of:

• Hours spent on estate matters
• Tasks performed
• Decisions made
• Problems solved
• Communications with beneficiaries, creditors, and professionals

Good documentation supports your fee request and helps if anyone objects.

Step 2: Determine Your Fee

Calculate your proposed compensation based on:

• Estate size and complexity
• Time invested
• Local standards
• Comparable fees in similar estates

Step 3: Include in Final Accounting

When you file your final accounting with the probate court, include your requested compensation. The accounting shows:

• All estate assets and their values
• Income received during administration
• Expenses paid
• Distributions made
• Your proposed fee

Step 4: Serve Interested Parties

Beneficiaries and other interested parties receive copies of your accounting, including the fee request. They have an opportunity to object.

Step 5: Court Approval

The court reviews your fee request. If no one objects and the fee appears reasonable, the court typically approves it. If someone objects or the court questions the amount, you may need to attend a hearing.

When Beneficiaries Object to Executor Fees

Beneficiaries can challenge personal representative compensation they consider excessive. Here is why this happens and what to expect.

Grounds for Objection

Common objections include:

• Fee exceeds local standards without justification
• Personal representative did minimal work
• Attorney performed most tasks
• Fee does not match estate complexity
• Personal representative caused delays that increased fees
• Breach of fiduciary duty affected estate value

The Objection Process

1. Beneficiary files written objection with the court
2. Court schedules a hearing
3. Personal representative must justify the fee
4. Beneficiary presents evidence of unreasonableness
5. Court determines appropriate compensation

How Courts Decide

Judges consider:

• Testimony about work performed
• Time records and documentation
• Expert opinions on reasonable fees
• Local customs and practices
• Comparable fees in similar estates
• Any misconduct or negligence

Can the Will Set Executor Compensation?

Yes. The will can specify exactly how much the personal representative receives.

Will Provisions Override Default Rules

If the will states a specific fee amount or percentage, that controls unless:

• The named fee is unreasonably low and the personal representative did not agree to serve for that amount
• Circumstances have changed drastically since the will was written
• The personal representative petitions for extra compensation and the court agrees

Common Will Provisions

Wills often include language like:

• "My personal representative shall receive compensation of 3% of my gross estate"
• "My personal representative shall serve without compensation"
• "My personal representative shall receive reasonable compensation as determined by Florida law"
• "My personal representative shall receive $10,000 for services"

Waiving Compensation

Some personal representatives, especially family members, choose to waive their fees. This can:

• Preserve more assets for beneficiaries
• Simplify administration
• Avoid potential conflicts
• Make sense when the personal representative is also a major beneficiary

Personal Representative vs. Attorney Fees

Florida estates typically pay both personal representative fees and attorney fees. These are separate expenses.

Attorney Fees in Florida Probate

Florida Statutes Section 733.6171 governs attorney fees. Attorneys can also receive reasonable compensation, and Florida provides presumptively reasonable fee guidelines:

Combined Cost Example

For a $500,000 Florida estate:

This represents about 6% of the estate value for professional services.

Corporate vs. Individual Personal Representatives

Florida allows both individuals and corporate fiduciaries (banks, trust companies) to serve as personal representatives.

Corporate Fiduciary Fees

Corporate fiduciaries typically charge:

• Annual fees of 1-2% of asset value
• Transaction fees for buying/selling assets
• Termination fees
• Minimum fees regardless of estate size

Corporate fees often exceed what individual personal representatives charge. The tradeoff is that corporations provide professional management and institutional accountability.

When Corporate Fiduciaries Make Sense

Consider a corporate fiduciary when:

• No suitable individual is available
• The estate is large or complex
• Family conflicts make individual service difficult
• Ongoing trust administration follows probate
• Professional investment management is needed

Tax Treatment of Executor Compensation

Personal representative fees have tax implications for both the estate and the personal representative.

For the Personal Representative

Executor compensation counts as taxable income. You must:

• Report fees as ordinary income on your personal tax return
• Pay self-employment tax if you regularly serve as a fiduciary
• Receive a 1099 from the estate if fees exceed $600

For the Estate

The estate can deduct personal representative fees as an administration expense. This reduces:

• Estate income tax liability
• Potentially, estate tax liability (for very large estates)

Family Member Considerations

When a family member serves as personal representative and is also a beneficiary:

• Taking compensation reduces their inheritance
• But compensation counts as income (taxable), while inheritance generally is not
• The tax impact depends on individual circumstances
• Some family members waive fees to maximize inheritance

Special Situations

Multiple Personal Representatives

When co-personal representatives serve together, they typically:

• Split the total reasonable fee
• May each receive full compensation if the will authorizes it
• Must agree on fee allocation or ask the court to decide

Successor Personal Representatives

If the original personal representative dies, resigns, or the court removes them:

• The original representative receives compensation for work completed
• The successor receives compensation for remaining work
• Total fees should not exceed what one representative would have earned

Contested Estates

When litigation arises during probate:

• Personal representatives may request higher fees for the extra work
• The court must approve extraordinary compensation
• Detailed time records become necessary

Comparing Florida to Other States

Florida's presumptive commission schedule works much like the statutory fee schedules used in other states, with one key difference explained below.

California Statutory Fees

California uses a fixed statutory formula:

• 4% of first $100,000
• 3% of next $100,000
• 2% of next $800,000
• And so on

Both states use percentage schedules. The difference is that California's is a fixed statutory fee, while Florida's schedule (F.S. 733.617) is presumed reasonable and can be adjusted by the court for extraordinary services or on an interested party's objection. For a breakdown of how attorney fees stack up alongside personal representative fees, see our Florida probate attorney fees guide.

Pros and Cons of Florida's Approach

Advantages:

• Flexibility for complex estates
• Fees can reflect actual work performed
• Simple estates may cost less

Disadvantages:

• Uncertainty about final fees
• Potential for disputes
• Requires documentation and justification

Frequently Asked Questions

Can a personal representative pay themselves without court approval?

Technically, personal representatives can take fees during administration. But taking fees before court approval is risky. If the court later finds the fees unreasonable, you may have to return the excess.

What if I served as personal representative but the estate has no money to pay me?

If the estate is insolvent (debts exceed assets), personal representative fees rank lower than certain other claims. You may receive partial payment or nothing, depending on estate assets.

Do personal representatives have to take compensation?

No. Many family members who serve as personal representatives waive their fees, especially when they are also beneficiaries.

Can I charge hourly instead of a percentage?

Yes. Some personal representatives, especially those with professional backgrounds, charge hourly rates. The total must still be reasonable for the work performed.

What records should I keep to support my fee?

Maintain:

• Time logs showing hours spent
• Descriptions of tasks performed
• Copies of correspondence
• Records of problems solved
• Documentation of decisions made

Is personal representative compensation negotiable?

Yes. Beneficiaries and personal representatives can agree on compensation amounts. Written agreements help avoid later disputes.

Related Florida Guides

• Florida Probate Guide
• Florida Executor Duties
• Florida Formal Administration
• Florida Probate Costs
• Florida Probate Timeline
• Florida Probate Accounting
• Florida Bond Requirements
• Florida Probate Forms Complete List

Sources:

Last Updated: January 2026. This guide provides general information about Florida executor compensation. Consult with a Florida probate attorney for advice about your specific situation.