personal representative compensation, attorney fees, and other professionals whose services ARE required in administering the probate estate – are entitled by law to reasonable compensation.
Personal representative compensation is usually determined in one of these five ways:
2. As set forth in a contract between the personal representative and the decedent;
3. As agreed among the personal representative and the persons who will bear the impact of the personal representative’s compensation;
4. The amount presumed to be reasonable as calculated under Florida law, if the amount is not objected to by any of the beneficiaries; or
5. As determined by the judge.
A Personal Representative Must Be Appointed by a Judge Before He or She Can Serve.
If the decedent’s will designated a personal representative, the judge will decide if that person is qualified to serve. A circuit court judge supervises or presides over probate administration and also rules on the validity of the decedent’s will. If the decedent died without a will, the judge will consider evidence to confirm the identities of the decedent’s heirs as those who will receive the decedent’s probate estate.
If the designated personal representative meets the statutory qualifications, the judge will issue “Letters of Administration,” also referred to simply as “letters.” These “letters” are important evidence of the personal representative’s authority to administer the decedent’s probate estate.
The judge will hold a hearing, as necessary, to answer any questions or to resolve disputes that arise during the course of administering the decedent’s probate estate. The judge’s decision will be set forth in a written direction called an “order.”
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Some of the content of this information is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.