When the Lawyer Who Wrote the Will Names Himself Personal Representative: Florida’s Fee Disclosure Rule

What the statute requires

The drafting attorney, or anyone related to the attorney (including anyone employed by the same firm), is not entitled to compensation for serving as personal representative unless one of two things is true: the nominee is related to the testator, or the client received a written disclosure before the will was executed.

The disclosure must tell the client three things:

• Most family members and any Florida resident, including friends and corporate fiduciaries, can serve as personal representative.
• Anyone who serves, including an attorney, is entitled to reasonable compensation.
• Compensation paid to the personal representative is in addition to any attorney fees.

The client signs a separate written acknowledgment in the statutory form. It may be attached to the will and may be signed before or after the will is executed.

Why the money matters

Florida’s presumptively reasonable PR fee under § 733.617(2) is 3% of the first $1 million of the estate, 2.5% from $1 million to $5 million, 2% from $5 million to $10 million, and 1.5% above $10 million. On a $10 million estate, that schedule produces $230,000 before any extraordinary services, and the attorney’s own legal fees are separate.

When the same person is drafter, personal representative and estate lawyer, beneficiaries may be paying twice. The disclosure rule exists so the client chooses that arrangement knowingly.

What happens if the disclosure is missing

The consequence is not a reduced fee. The statute says the lawyer is not entitled to compensation for serving as personal representative. The lawyer can still serve, and the will remains valid.

Separately, the personal representative and anyone the PR hires bear the burden of proving that their compensation is reasonable when it is challenged (§ 733.6175). The court can order excess fees refunded and can set fees without expert testimony.

How beneficiaries raise the issue

Ask for a copy of the will and any signed acknowledgment. If the will was executed or republished on or after October 1, 2020, the drafter is the PR or related to the PR, and there is no acknowledgment, object to PR compensation in the probate proceeding.

Many of these disputes settle once the missing disclosure is identified, because the alternative for the lawyer is an evidentiary hearing on fees the statute does not allow.

Notes on the videos

Two corrections to the shorts on this page. First, the disclosure rule is not new; it took effect for wills executed on or after October 1, 2020 (ch. 2020-67) and was not changed in 2025 or 2026. Second, one short says undisclosed fees are “presumed unreasonable.” The statute goes further: without the disclosure, the drafting attorney is not entitled to PR compensation at all.

Lessons

• If the drafting lawyer is named PR, look for the signed § 733.617(8) acknowledgment.
• Without it, the lawyer-PR is not entitled to PR compensation, whatever the size of the estate.
• PR fees and attorney fees are separate; check both.
• The PR bears the burden of proving reasonableness when fees are challenged.

Source: Fla. Stat. § 733.617 (2026), Florida Senate

Source: Fla. Stat. § 733.6175 (2026), Florida Senate

Watch the Videos

Five short videos on the personal representative fee disclosure rule.

Florida Targets Hidden Probate Fees

Lawyers Must Disclose Their Fees

Florida’s 3% Probate Fee Just Got Harder

Missing Disclosure? Challenge the 3% Fee

Missing Disclosure? Challenge the Fee

More Videos on This Topic

Florida Probate Attorney Fees: When Lawyers Name Themselves Personal Representative

Go Deeper

• How to Challenge Probate Attorney Fees in Florida
• Florida Probate Cost: The Fee Schedule Math
• Florida Personal Representative Duties and Liability

Frequently Asked Questions

Can the lawyer who wrote a will serve as personal representative in Florida?

Yes. But for wills executed on or after October 1, 2020, the lawyer is not entitled to PR compensation unless the client signed the disclosure required by § 733.617(8), or the lawyer is related to the testator.

What must the disclosure say?

That most family members and any Florida resident can serve as PR, that anyone who serves is entitled to reasonable compensation, and that PR compensation is in addition to attorney fees.

What is the standard personal representative fee in Florida?

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, under § 733.617(2).

Who has to prove that probate fees are reasonable?

The personal representative and the person employed, under § 733.6175.

Talk to a Florida probate litigation lawyer

Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.

Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.

This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.