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Estate Administration: Personal Representative Fees and Personal Income Taxes

On Behalf of | Feb 20, 2020 | Estate Planning |

In Florida, a personal representative, also sometimes called an administrator or an executor is authorized to receive a fee for their services in handling an estate. In family based estates, sometimes the personal representative will elect to waive their fees.  The statutory fee is based upon a graduated scale of the assets in the estate. Florida Statute 733.617Compensation of personal representative outlines the fees as follows. 

(a) At the rate of 3 percent for the first $1 million.

(b) At the rate of 2.5 percent for all above $1 million and not exceeding $5                             million.

(c) At the rate of 2 percent for all above $5 million and not exceeding

$10 million.

(d) At the rate of 1.5 percent for all above $10 million.


Since the personal representative is taking time out of their normal daily schedule to do the work on the estate, these services are treated as income and are normally reported on end of year personal tax returns. Therefore, it is important that all personal representatives consult with a qualified accountant to determine any tax implications related to acting as the personal representative during the administration of the estate.  Personal Representatives can also request extraordinary fees when circumstances are unique in the administration of the estate for handling items such as litigation, complex real estate sales, contested Wills, etc.