In short: Any interested person can ask a Florida probate court to review the fees paid to the estate’s attorney and personal representative (§ 733.6175). The burden of proving the fees were reasonable is on the PR and the person employed, not on you, and the court can order excessive fees refunded. If the drafting attorney named himself PR, he may not be entitled to PR compensation at all without a signed pre-will disclosure (§ 733.617(8)).
The number one complaint Matt hears from heirs is not about who got the house. It’s the attorney’s fee bill that shows up at the end.
Most Probate Fees Are Never Reviewed by a Judge
Matt says it bluntly in these videos: in most estates, fees are paid outside the judge’s view. The final accounting and petition for discharge go in, and if nobody objects, the fees go through. That is how padded bills survive. A small estate with $10,000 in fees that nobody questioned is, in his words, money taken from the person who spent a lifetime saving it.
The Statute That Lets You Push Back: § 733.6175
Section 733.6175(1) lets the court review “the reasonableness of any compensation paid to that person or to the personal representative.” Three features matter:
- The burden is on them. “The burden of proof of propriety of the employment and the reasonableness of the compensation shall be upon the personal representative and the person employed.”
- Refunds. A person who received excessive compensation can be ordered to refund it.
- No expert required. The court may set compensation “without receiving expert testimony.”
Matt calls this the closest thing in probate to a “delete” button for outrageous fees, and says many practitioners don’t use it.
The Starting Point: The Fee Schedule
Section 733.6171 presumes a reasonable attorney’s fee for ordinary services based on the size of the estate, and § 733.617 sets the PR’s commission. Extraordinary services such as litigation can be paid on top. See the probate fee math.
The Drafting-Lawyer-as-PR Rule
In 2020 the Legislature closed a practice that let some lawyers write themselves into wills as PR and collect both fees. Under § 733.617(8), an attorney who prepared the will and serves as PR can’t receive PR compensation unless the testator signed a written statement, before the will was executed, acknowledging specific disclosures, or the attorney is related to the testator. Trustees have a parallel rule in § 736.0708(4).
Matt flags this as one of the things many estate planners still don’t do right.
Fees in Contested Cases
When someone litigates, § 733.106(4) lets the court decide from whose share fees will be paid, using eight listed factors, and it doesn’t need to find bad faith. A beneficiary whose meritless fight drained the estate can end up paying for it out of their share.
How to Object
- Get the itemized billing records, not just a total.
- Compare the work to the estate’s size and complexity.
- Raise the objection in writing before discharge.
- Ask the court to review under § 733.6175 and order refunds of anything unreasonable.
The Best Fee Is the One Never Charged
Matt’s “three words” video says the cheapest probate is the one you never need: “payable on death.” See how to avoid probate in Florida.
Watch: the videos behind this article
How to Fight Attorney Fees in Florida Probate | Protect the Estate From Overcharges
FIGHT, CHALLENGE & EXPOSE OUTRAGEOUS PROBATE ATTORNEY FEES (FLORIDA)
Fighting Probate Attorney Fees in Florida?You’re not powerless….FIGHT!
HOW TO DELETE OUTRAGEOUS FLORIDA PROBATE FEES
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments, posted on the channel. Watch how the judges question both sides. Read the written opinion before relying on any outcome: an argument is not a ruling.
OUTRAGEOUS ATTORNEY FEES- In a Will Case THE HERITAGE FOUNDATION v ESTATE OF WALTER SCHMIDT
Go Deeper
- How Much Does Probate Cost in Florida?
- Top Florida Probate Case: Lawyer Fees in Estates
- Top Ten Florida Probate Issues
- When Florida Probate Becomes a Lawsuit: Adversary Proceedings, Family Conflict, and What It Costs
Frequently Asked Questions
Can I object to probate attorney fees in Florida?
Yes. Under § 733.6175, the court may review the propriety of employing any person by the PR and the reasonableness of the compensation paid. Objections usually come when the final accounting and petition for discharge are served.
Who has to prove probate attorney fees are reasonable?
The PR and the person employed. Section 733.6175(3) says the burden of proof of propriety of the employment and the reasonableness of the compensation “shall be upon the personal representative and the person employed.”
Can a court order a lawyer to refund probate fees?
Yes. If the court finds compensation excessive or unreasonable, it can order the excess refunded. It can also set compensation without receiving expert testimony (§ 733.6175(4)).
Can the lawyer who wrote the will also be paid as personal representative?
Only if the testator signed a written acknowledgment, before the will was executed, that required disclosures were made, unless the attorney is related to the testator (§ 733.617(8), added in 2020). Trustees who drafted the trust face a similar rule under § 736.0708(4).
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, guardianship, and will disputes from St. Petersburg. If you need a probate litigation lawyer in St. Petersburg or anywhere in Florida, 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.
