How attorney's fees are determined

Florida law provides guidelines for determining attorneys' fees in probate cases. These guidelines are stated in the Florida Probate Code (Chapter 733.6171). The law provides a tiered fee schedule, where the attorney's fees are a certain percentage of the value of the probate estate, with the percentage decreasing as the value of the estate increases.

Here's the statutory fee schedule according to the Florida Probate Code:

1. $1,500 for estates having a value of $40,000 or less.
2. An additional $750 for estates having a value of more than $40,000 and not exceeding $70,000.
3. An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000.
4. An additional 3% for estates having a value of more than $100,000 and not exceeding $1 million.
5. An additional 2.5% for estates having a value of more than $1 million and not exceeding $3 million.
6. An additional 2% for estates having a value of more than $3 million and not exceeding $5 million.
7. An additional 1.5% for estates having a value of more than $5 million and not exceeding $10 million.
8. An additional 1% for estates having a value of more than $10 million.

It's important to note that these are just guidelines, and actual attorney fees can vary based on numerous factors. The time, labor, and skill required to perform the legal service properly, the novelty and difficulty of the questions involved, and the fee customarily charged in the locality for similar legal services can all affect the final fee.

In some cases, the estate's personal representative and the attorney may agree to a higher or lower fee, but such a fee must be reasonable, and in many cases, it must be approved by the court.