Florida Probate Rule 5.355

Proceedings for Review of Employment of Agents and Compensation of Personal Representatives and Estate Employees

Text of the rules effective October 1, 2026.

Amended Oct. 1, 2026See what changed

  1. (a)
    Review. The court may review the propriety of the employment and the reasonableness of the compensation paid to the personal representative or any person employed by the personal representative. A petition seeking review must be filed with the court and served on all interested persons.
  2. (b)
    Petition. The petition must state the grounds on which it is based. The burden of proving the propriety of the employment and the reasonableness of the compensation is on the personal representative and the person employed by the personal representative. Any person who is determined to have received excessive compensation from an estate may be ordered to make appropriate refunds.

Notes

Committee Notes

This rule represents a rule implementation of the procedure formerly found in section 733.6175, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure.

Rule History
1988
New rule.
1992
Editorial changes. Committee notes revised. Citation form changes in committee notes.
1996
Committee notes revised.
2003
Committee notes revised.
2007
Committee notes revised.
2012
Committee notes revised.
2026
Rule divided into subdivisions and reorganized. Committee notes revised.

References

Statutory References

  • § 731.201(23), Fla. Stat. General definitions.
  • § 731.301, Fla. Stat. Notice.
  • § 733.612(19), Fla. Stat. Transactions authorized for the personal representative; exceptions.
  • § 733.617, Fla. Stat. Compensation of personal representative.
  • § 733.6171, Fla. Stat. Compensation of attorney for the personal representative.
  • § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.

Rule References