How much does an executor get paid in Florida?

Under Fla. Stat. 733.617, a personal representative's commission is presumed reasonable at 3% of the first $1 million of the estate's compensable value, 2.5% of the next amount up to $5 million, 2% of the next amount up to $10 million, and 1.5% above $10 million. On a $500,000 estate, that's $15,000. The commission is paid from estate assets without needing a court order, and the compensable value is the inventory value of probate assets plus income the estate earned during administration.

Is the Florida statutory percentage a fixed amount?

No - it's a rebuttable presumption of reasonableness. Upon petition of an interested person, a Florida court may increase or decrease the ordinary compensation, weighing factors including the promptness and skill of the administration, the responsibilities and liabilities assumed, the complexity of the estate, and the personal representative's role in tax matters.

Does a Florida attorney-personal-representative get paid twice?

If the personal representative is a member of The Florida Bar and actually renders legal services for the estate, they are entitled to both the personal representative's commission and a separate fee for the legal services, without needing special court pre-approval - different from states like California that restrict this combination by default.

Can a Florida executor waive their fee?

Yes. A personal representative may renounce the right to all or any part of the compensation under Fla. Stat. 733.617(4).

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How the Florida executor commission actually works

Florida's schedule is genuinely a presumption, not a fixed entitlement — and its multi-PR rule is the most generous of any state in this cluster.

1. The tiered schedule, without court approval

Fla. Stat. § 733.617(1)-(2): the personal representative "shall be entitled to a commission payable from the estate assets without court order," presumed reasonable at 3% of the first $1 million, 2.5% of the next amount up to $5 million, 2% of the next amount up to $10 million, and 1.5% above $10 million of the compensable value — the inventory value of probate assets plus income earned during administration.

2. It's a presumption, not a guarantee

§ 733.617(7): on petition of any interested person, the court may increase or decrease the ordinary compensation, weighing nine listed factors: promptness/efficiency/skill; responsibilities and liabilities assumed; nature and value of the affected assets; benefits or detriments to the estate; complexity and novelty of the issues; the PR's role in tax planning and returns; the nature of probate, nonprobate, and exempt assets plus expenses, liabilities, and other professionals' compensation; delay in paying the compensation; and any other relevant factors.

3. Extraordinary services, listed explicitly

§ 733.617(3): further reasonable compensation is allowed for extraordinary services, including the sale of real or personal property, litigation for or against the estate, tax-adjustment proceedings, carrying on the decedent's business, dealing with protected homestead, or any other special services necessary.

4. Two personal representatives? Each gets the full commission

§ 733.617(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." With more than two, the amount two would receive (i.e. double the single commission) is apportioned: one full commission to whoever has possession and primary administration responsibility, and one full commission split among the rest by services rendered. Below $100,000 in compensable value, only one full commission is split among however many personal representatives there are.

5. Attorney-personal-representatives get both fees automatically

§ 733.617(6): if the personal representative is a member of The Florida Bar and has actually rendered legal services for the estate, they're allowed both the personal representative's fee and a separate legal fee — no special advance court approval required, unlike some other states' more restrictive default.

6. A real safeguard against attorney self-dealing

§ 733.617(8): an attorney (or someone related to them) who drafted or supervised the will naming them as personal representative is not entitled to compensation for serving as PR — unless they're related to the testator, or they made specific required disclosures before the will was signed, and the testator signed a statutory written acknowledgment. This applies to wills executed or republished by Florida residents on or after October 1, 2020.

Tier	Rate
First $1,000,000	3%
Next, up to $5,000,000	2.5%
Next, up to $10,000,000	2%
Above $10,000,000	1.5%

Florida executor fee — frequently asked questions

How much does an executor get paid in Miami or Orlando?

The Fla. Stat. § 733.617 schedule applies statewide, including Miami-Dade and Orange counties. On a $500,000 estate, the presumed-reasonable commission is $15,000 - the same formula regardless of county.

Is the percentage guaranteed, or can a court change it?

It's a rebuttable presumption. An interested person can petition the court to increase or decrease it based on nine statutory factors, including how the administration was actually handled.

Why would two co-executors each get a full commission?

Because § 733.617(5) specifically says so once the estate's compensable value reaches $100,000 - a distinctly more generous rule than most states, which apportion one commission among however many personal representatives serve.

Can an attorney who wrote the will also be paid to serve as executor?

Only if they're related to the testator, or made the required disclosures and got a signed acknowledgment before the will was executed - otherwise § 733.617(8) blocks PR compensation for that attorney entirely, for wills from October 2020 onward.

Is the Florida executor fee taxable?

Yes — compensation is taxable income under federal law regardless of state. See our guide to how it's taxed, and when to waive it for the IRS rules on self-employment tax and reporting.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on Florida statute (Fla. Stat. § 733.617). The tiered schedule is a rebuttable presumption of reasonableness that a court may adjust on petition. A will's specific compensation criteria control unless properly renounced. Attorney-drafted-will disclosure requirements apply to certain personal representatives. Confirm current figures with the probate court or a licensed Florida attorney before acting.