Blogs from December, 2010

The personal representative, the attorney, and other professionals whose services may be required in administering a probate estate (such as appraisers and accountants) are entitled by law to reasonable compensation.

The fee for the personal representative of a probate estate is usually determined in one of five ways:

1. as set forth in the will;
2. set forth in a contract between the personal representative and the decedent;
3. as agreed among the personal representative and the persons who bear the impact of the fee;
4. as the amount presumed to be reasonable as calculated under Florida law if the amount is
   without objection; or
5. as determined by the judge, applying Florida law.

Likewise, the fee for the attorney for the personal representative is usually determined:

1. as agreed among the attorney, the personal representative, and the persons who bear the impact of the fee,
2. as the amount presumed to be reasonable calculated under Florida law, if the amount is without objection, or
3. as determined by the judge, applying Florida law.