HOW ARE PROBATE FEES DETERMINED IN PROBATE?
The personal representative, the Florida probate lawyer or estate planning attorney and other professionals whose services may be required in administering the Florida probate estate (such as appraisers and accountants) are entitled by Florida probate law to reasonable compensation. The probate fee for the personal representative is usually determined in one of five ways: (1) as set forth in the last will and testament; (2) as set forth in a contract between the personal representative of the probate estate and the decedent; (3) as agreed among the personal representative and the persons who bear the impact of the probate fee; (4) as the amount presumed to be reasonable as calculated under Florida probate law if the amount is not objected to; or (5) as determined by the probate judge, applying Florida probate law. Likewise, the probate fee for the Florida probate attorney for the personal representative is usually determined (1) as agreed among the Florida probate attorney, the persona
