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Executor Compensation Laws in Florida

In Florida, a personal representative's commission is presumed reasonable at 3% of the first $1 million, 2.5% from $1 million to $5 million, 2% from $5 million to $10 million, and 1.5% above $10 million.

Last checked . General information, not legal advice.

Florida at a glance

Compensation method
Statutory commission presumed reasonable
Presumed reasonable in formal administration and paid without court order; extra pay for extraordinary services.
Statutory fee schedule
3%, 2.5%, 2%, 1.5% tiers
3% on first $1 million; 2.5% on $1 million to $5 million; 2% on $5 million to $10 million; 1.5% above $10 million, of the compensable value.
Percentage schedule in statute
Yes

Sources

Last checked

The rules in Florida

How is an executor paid in Florida?

Compensation method in Florida: Statutory commission presumed reasonable. Presumed reasonable in formal administration and paid without court order; extra pay for extraordinary services.

What percentage can an executor charge in Florida?

Statutory fee schedule in Florida: 3%, 2.5%, 2%, 1.5% tiers. 3% on first $1 million; 2.5% on $1 million to $5 million; 2% on $5 million to $10 million; 1.5% above $10 million, of the compensable value.

Does Florida law set executor fees by a percentage schedule?

Yes. Percentage schedule in statute in Florida: yes.

Where do the Florida executor compensation laws come from?

The rules above come from Fla. Stat. 733.617. Each source is linked on this page. We last checked them in October 2026.

Good to know

Compensable value is the inventory value of probate assets plus income earned during administration. If the estate is $100,000 or more and there are two personal representatives, each may receive a full commission. The section was last amended in 2020.

What this means in practice

A will can usually address executor pay directly, for example by setting a flat fee, a percentage, or stating that the executor serves without pay. Where the will is silent, the state's default rule applies. An executor can also choose to waive compensation, which some family members do because fees are generally taxable income while inheritances generally are not.

Executor compensation is separate from reimbursement of expenses and from fees paid to the estate's attorney, accountant, or other professionals. Keeping a written log of hours, tasks, and costs helps support a fee request and answers questions from heirs or the court.

Heirs and beneficiaries who believe a fee is too high can usually object in the probate proceeding, and courts can reduce, deny, or increase compensation in some circumstances. Rules on timing, court approval, and extraordinary services differ, so the statute for the state where the estate is probated is the starting point.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.