Lacombe Avocats

The personal representative, the attorney, and other professionals (such as appraisers and accountants) are entitled to receive reasonable compensation. The personal representative’s compensation is usually determined in one of five ways:

• As set forth in the Will.
• As set forth in a contract between the personal representative and the decedent.
• As agreed among the personal representative and those who will bear the impact of the personal representative’s compensation.
• The amount is presumed to be reasonable as calculated under Florida law if the amount is not objected to by any of the beneficiaries.
• As determined by the judge.

The fee for the attorney for the personal representative is usually determined in one of three ways:

• As agreed among the attorney, the personal representative, and those who bear the impact of the fee.
• The amount presumed to be reasonable calculated under Florida law if the amount is not objected to by any of the beneficiaries.
• As determined by the judge.

WHAT ARE ALTERNATIVES TO FORMAL ADMINISTRATION AVAILABLE?

Florida law provides for several alternates, abbreviated probate procedures other than the formal administration process.

“Summary Administration” is generally available only if the value of the estate subject to probate in Florida (less property, which is exempt from the claims of creditors; for example, homestead real property in many circumstances) is not more than $75,000, and if the decedent’s debts are paid, or the creditors do not object. Those who receive the estate assets in a summary administration may remain liable for claims against the decedent for two years after the date of death. Summary administration is also available if the decedent has been dead for more than two years and there has been no prior administration.

Another alternative to the formal administration process is “Disposition Without Administration.” This is available only if probate estate assets consist solely of property classified as exempt from the claims of the decedent’s creditors by applicable law and non-exempt personal property, the value of which does not exceed the total of (1) the cost of preferred funeral expenses; and (2) the amount of all reasonable and necessary medical and hospital expenses incurred in the last 60 days of the decedent’s final illness, if any.