Managing someone’s estate is serious work, and Florida law recognizes that. That’s why personal representatives are entitled to compensation for their time, effort and the weight of responsibility they carry.
But what happens when that compensation quietly becomes something closer to exploitation? If you’re a beneficiary watching the numbers and things aren’t adding up, your instincts may be right. Understanding where the law draws the line is the first step to protecting what a loved one worked a lifetime to build.
What the law actually allows
If the will doesn’t specify how much the personal representative will be paid for their services, the law sets the standard for reasonable compensation. They are based on the estate’s compensable value as follows.
- 3% for the first $1 million
- 2.5% for over $1 million to $5 million
- 2% for over $5 million to $10 million
- 1.5% for all above $10 million
These are not minimums. Think of them as ceilings that can still be challenged if the work doesn’t justify them. It’s also worth noting that the law allows for additional compensation for certain services like selling real property, operating a decedent’s business or other special tasks outside ordinary administration.
How beneficiaries can push back
As a beneficiary, you have the right to demand transparency, and that starts with a full accounting. A personal representative cannot simply take what feels fair to them without being able to show how those numbers were reached.
If such conduct crosses into breach of fiduciary duty, courts can order repayment, reduce compensation or even remove the personal representative entirely. Seeking professional guidance can help you frame your case in a way the court can clearly assess and remedy.