Florida · Calculator
Florida Executor Fee Calculator
The commission presumed reasonable for a Florida personal representative under Fla. Stat. §733.617(2), computed on the compensable value of the estate.
The schedule
A Florida personal representative is entitled to a commission payable from the estate assets without court order as compensation for ordinary services (Fla. Stat. §733.617(1)). Under §733.617(2), a commission computed on the compensable value of the estate is presumed to be reasonable compensation for a personal representative in formal administration at these rates:
- 3% of the first $1,000,000
- 2.5% of any amount over $1,000,000 up to $5,000,000
- 2% of any amount over $5,000,000 up to $10,000,000
- 1.5% of any amount over $10,000,000
The base
The percentages apply to the "compensable value" of the estate: the inventory value of the probate estate assets and the income earned by the estate during administration (§733.617(1)). Property that doesn't pass through probate isn't part of the base.
Worked example
A probate estate inventoried at $500,000, with no income during administration, has a compensable value of $500,000. The commission is 3% of $500,000: $15,000. An estate of $2,000,000 is 3% of the first $1,000,000 ($30,000) plus 2.5% of the next $1,000,000 ($25,000): $55,000.
What this calculator doesn't cover
- Extraordinary services. In addition to the commission, the personal representative is allowed further compensation as is reasonable for extraordinary services (§733.617(3)).
- The will. If the will bases compensation on specific criteria, such as rates, amounts or the personal representative's published fee schedule, the personal representative is entitled to compensation under that provision, subject to the right to renounce it set out in §733.617(4).
- More than one personal representative. If the compensable value is $100,000 or more and there are two personal representatives, each is entitled to the full commission; with more than two, the compensation to which two would be entitled is apportioned among them. Below $100,000, the compensation one would receive is apportioned (§733.617(5)).
- Court adjustments. On petition of any interested person, the court may increase or decrease the compensation for ordinary services, or award compensation for extraordinary services, considering the factors listed in §733.617(7).
- Attorneys as personal representative. A personal representative who is a member of The Florida Bar and renders legal services to the estate is also allowed a fee for those services (§733.617(6)). An attorney who prepared or supervised the execution of the will, or a person related to that attorney, isn't entitled to compensation as personal representative unless an exception or the required disclosures in §733.617(8) apply.
- Trusts. This schedule is for personal representatives of decedents' estates, not trustees.
Frequently asked questions
What percentage does an executor get in Florida?
Fla. Stat. §733.617(2) presumes a commission reasonable at 3% of the first $1 million of compensable value, 2.5% from $1 million to $5 million, 2% from $5 million to $10 million and 1.5% above $10 million. On a $500,000 probate estate with no income that is $15,000.
What is the compensable value of a Florida estate?
Under §733.617(1), it is the inventory value of the probate estate assets and the income earned by the estate during administration.
Can a Florida personal representative get more than the commission?
Yes. Section 733.617(3) allows further reasonable compensation for extraordinary services, such as selling property, litigation, tax proceedings, carrying on the decedent's business or dealing with protected homestead, and §733.617(7) lets the court increase or decrease compensation.