Florida Executor Fee: How Much Is It?

A genuine tiered schedule — paid without court approval, but always open to challenge if the numbers don't match the actual work.

Fla. Stat. § 733.617 FigureMyTax Editorial Team

Quick answer: Florida's commission is 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, under Fla. Stat. § 733.617(2), applied to the estate's compensable value — inventory value plus income earned during administration. On a $500,000 estate, that's $15,000, payable from estate assets without a court order. Get your own estimate with the Florida executor fee calculator.

The tiered schedule

Fla. Stat. § 733.617(2): 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; 1.5% above $10 million — computed on the "compensable value," defined in subsection (1) as the inventory value of probate estate assets plus income the estate earned during administration.

A presumption, not a guarantee

§ 733.617(7): any interested person can petition the court to increase or decrease the ordinary compensation. The court weighs nine factors: the promptness, efficiency, and skill of the administration; the responsibilities and potential liabilities assumed; the nature and value of the affected assets; benefits or detriments to the estate; the complexity and novelty of the issues; the PR's tax-planning and return-preparation role; the nature of probate, nonprobate, and exempt assets plus expenses, liabilities, and other professionals' pay; any delay in paying the compensation; and any other relevant factors.

Extraordinary services, spelled out

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

Attorney-PRs get both fees, automatically

§ 733.617(6): a personal representative who's a Florida Bar member and has actually rendered legal services for the estate gets both the PR commission and a separate legal fee — no special advance court approval needed, unlike states such as California that restrict this combination by default.

Protection against attorney self-dealing

§ 733.617(8): for wills executed or republished by Florida residents on or after October 1, 2020, an attorney (or a related person) who drafted or supervised the will naming them as PR is not entitled to PR compensation unless they're related to the testator, or made the required disclosures beforehand and got the testator's written, statutorily-formatted acknowledgment.

Worked examples

Compensable valuePresumed-reasonable commission
$500,000$15,000
$2,000,000$55,000
$12,000,000$260,000

Each figure computed tier by tier from § 733.617(2) and independently verified. Model your own estate in the calculator.

Facing probate in Florida?

A local probate attorney can review your estate — many offer a free consultation.

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Florida executor fee — frequently asked questions

How much does an executor get paid in Florida?

Under § 733.617(2), 3% of the first $1 million of compensable value, 2.5% of the next amount up to $5 million, 2% up to $10 million, and 1.5% above, presumed reasonable and paid without a court order.

Can a Florida court change the executor's statutory fee?

Yes — any interested person can petition under § 733.617(7), and the court weighs nine listed factors including the promptness, skill, and complexity of the administration to increase or decrease the presumed amount.

Can a Florida attorney-executor be paid twice?

Yes, if they are a Florida Bar member who actually rendered legal services for the estate. § 733.617(6) allows both the PR commission and a separate legal fee, without needing special advance court approval.

Can the attorney who drafted the will also serve as paid executor in Florida?

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 compensation for wills executed from October 2020 onward.

What counts as extraordinary services in Florida probate?

Services explicitly listed in § 733.617(3), including selling real or personal property, litigation for or against the estate, tax-adjustment proceedings, running the decedent's business, and handling protected homestead.

Estimate for general guidance only, not legal advice. Based on Fla. Stat. § 733.617. The tiered schedule is a rebuttable presumption of reasonableness a court may adjust on petition. Verify with the probate court or a licensed Florida attorney.