733.617  Compensation of personal representative.--

(1)  As compensation for its ordinary services, a personal representative shall be entitled, without order of court unless otherwise stated, to a commission payable from the estate assets. Such commission shall be based upon the probate estate's value as determined finally for probate inventory purposes and as accounted for by the personal representative, which value shall include all property, real or personal, tangible or intangible, and all income earned thereon.

(2)  Upon the probate estate's value as defined in subsection (1), such commission shall be computed as follows:

(a)  At the rate of 3 percent for the first $1 million.

(b)  At the rate of 2.5 percent for all above $1 million and not exceeding $5 million.

(c)  At the rate of 2 percent for all above $5 million and not exceeding $10 million.

(d)  At the rate of 1.5 percent for all above $10 million.

(3)  In addition to the aforesaid commission, a personal representative shall be allowed such further compensation as the court may deem just and reasonable for any extraordinary services including, but not limited to:

(a)  The sale of real or personal property.

(b)  The conduct of litigation on behalf of or against the estate.

(c)  Involvement in proceedings for the adjustment or payment of any taxes.

(d)  The carrying on of the decedent's business.

(e)  Any other special services which may be necessary for the personal representative to perform.

(4)  If a decedent's will provides that a personal representative's compensation shall be based upon specific criteria, other than a general reference to commissions allowed by law or words or similar import, including, but not limited to, rates, amounts, commissions, or reference to the personal representative's regularly published schedule of fees in effect at the decedent's date of death, or words of similar import, then a personal representative shall be entitled to compensation in accordance with such provision. However, except for such references in a decedent's will to the personal representative's regularly published schedule of fees in effect at the decedent's date of death, or words of similar import, if there is no written contract with the decedent regarding compensation, a personal representative may renounce the provisions contained in the will and be entitled to compensation hereunder. A personal representative may also renounce its right to all or any part of the compensation.

(5)  If the probate estate's value as defined in subsection (1) is $100,000 or more, and there are two representatives, each personal representative is entitled to the full commission allowed to a sole personal representative. If there are more than two personal representatives and the probate estate's value is more than $100,000, the compensation to which two would be entitled must be apportioned among the personal representatives. The basis for such apportionment shall be one full commission allowed to the personal representative who has possession of and primary responsibility for administration of the assets and one full commission among the remaining personal representatives according to the services rendered by each of them respectively. If the probate estate's value is less than $100,000 and there is more than one personal representative, then one full commission allowed herein to a sole personal representative must be apportioned among the personal representatives according to the services rendered by each of them respectively.

(6)  If the personal representative is a member of The Florida Bar and has rendered legal services in connection with the administration of the estate, then in addition to a fee as personal representative, there also shall be allowed a fee for the legal services rendered.

(7)  The compensation for a personal representative as set forth in subsections (2) and (3) may, upon petition of any interested person, be increased or decreased by the court. In determining whether to increase or decrease the compensation for ordinary services, the court must consider each of the following factors, giving each such weight as it determines to be appropriate:

(a)  The promptness, efficiency, and skill with which the administration was handled by the personal representative;

(b)  The responsibilities assumed by and the potential liabilities of the personal representative;

(c)  The nature and value of the assets that are affected by the decedent's death;

(d)  The benefits or detriments resulting to the estate or its beneficiaries from the personal representative's services;

(e)  The complexity or simplicity of the administration and the novelties of the issues presented;

(f)  The personal representative's participation in tax planning for the estate and the estate's beneficiaries and in tax return preparation, review, or approval;

(g)  The nature of the probate, nonprobate, and exempt assets; the expenses of administration; the liabilities of the decedent; and the compensation paid to other professionals and fiduciaries;

(h)  Any delay in payment of the compensation after the services were furnished; and

(i)  Any other relevant factors.

History.--s. 1, ch. 74-106; s. 80, ch. 75-220; s. 1, ch. 76-172; s. 5, ch. 88-340; s. 1, ch. 90-129; s. 10, ch. 93-257; s. 1, ch. 95-401.