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January 11, 2018

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Ancillary Personal Representative Compensation

January 5, 2018

Florida statutes suggest presumptively reasonable personal representative commissions. This statutory schedule is not mandatory and may be adjusted by provisions in the will or by contract between the personal representative and the testator.  This commission is based on a percentage of the Florida probate estate and the income earned on the probate assets during administration.  A personal representative may petition the court to increase or decrease their compensation or ask to receive additional compensation for performing extraordinary services or in the alternative.  Alternatively, a personal representative may reject compensation entirely.

It is also important to note that members of the Florida Bar may receive fees for legal services in addition to personal representative fees if acting in both capacities. 

 

In the event compensation is provided for in the will, in certain circumstances a personal representative can reject that compensation provision and attempt to receive the statutory compensation instead which may often be higher.  Because of this situation, a drafting attorney should consider inserting explicit compensation provisions into a client’s will.

 

 

 

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