The PR’s attorney’s compensation is usually determined in one of three ways: (1) as agreed among the attorney, the PR and the persons who bear the impact of the fee (i.e. the beneficiaries), (2) as determined by the judge, or (3) as may be presumed to be reasonable under FL law. FL Statute 733.6171 provides general guidelines for the reasonableness of the PR’s attorney’s compensation:
- If the decedent’s estate is worth less than $40,000.00, the PR’s attorney should be paid a fee of $1,500.00 plus all costs.
- If the decedent’s estate is worth more than $40,000.00 but less than $70,000.00, the PR’s attorney should be paid a fee of $2,250.00 plus all costs.
- If the decedent’s estate is worth more than $70,000.00 but less than $100,000.00, the PR’s attorney should be paid a fee of $3,000.00 plus all costs.
- If the decedent’s estate is worth more than $100,000.00 but less than $1 million, the PR’s attorney should be paid a fee of $3,000.00 for the first $100,000.00 and at the rate of 3 percent of the remaining value of the estate plus all costs.
- If the decedent’s estate is worth more than $1 million but less than $3 million, the PR’s attorney should be paid at the rate of 2.5 percent of the total value of the estate plus all costs.
- If the decedent’s estate is worth more than $3 million but less than $5 million, the PR’s attorney should be paid at the rate of 2 percent of the total value of the estate plus all costs.
- If the decedent’s estate is worth more than $5 million but less than $10 million, the PR’s attorney should be paid at the rate of 1.5 percent of the total value of the estate plus all costs.
- § If the decedent’s estate is worth more than $10 million, the PR’s attorney should be paid at the rate of 1 percent of the total value of the estate plus all costs.
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