733.106  Costs and attorney fees.--

(1)  In all probate proceedings costs may be awarded as in chancery actions.

(2)  A person nominated as personal representative of the last known will, or any proponent of the will if the person so nominated does not act within a reasonable time, if in good faith justified in offering the will in due form for probate, shall receive his or her costs and attorney fees out of the estate even though he or she is unsuccessful.

(3)  Any attorney who has rendered services to an estate may apply for an order awarding attorney fees, and after informal notice to the personal representative and all persons bearing the impact of the payment the court shall enter its order on the petition.

(4)  When costs and attorney fees are to be paid out of the estate, the court may, in its discretion, direct from what part of the estate they shall be paid.

History.--s. 1, ch. 74-106; s. 49, ch. 75-220; s. 984, ch. 97-102.