HB 1195 - Attorney Compensation

• Amends sections 733.6171 and 736.1007 of Florida Statutes to delete provisions determining reasonable attorney compensation for personal representatives and trustees and delete petition procedures to increase or decrease compensation.

• Retains statutory fee schedules for ordinary services: personal representative attorneys receive $1,500 for estates up to $40,000, plus tiered percentages ranging from 3% to 1% for larger estates; trustee attorneys receive 75% of the personal representative schedule.

• Maintains allowance for extraordinary services compensation (will contests, tax advice, estate tax return preparation, ancillary administration, etc.) subject to court review upon petition of interested persons.

• Clarifies that separate written compensation agreements between attorneys and personal representatives/trustees/settlors must be disclosed to interested persons and cannot obligate employment but cap compensation if attorney who drafted will or agreement is employed.

• Takes effect July 1, 2019; also updates related statutes 733.106 and 736.1005 regarding costs, attorney fees assessment, and court discretion in directing payment sources.