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The §736.1007 attorney fee, explained

Hire an attorney to administer a Florida revocable Trust after a death and Florida law starts from a number: a fee presumed reasonable, computed from a statutory percentage schedule. On a $500,000 Trust that presumption works out to $11,250. Here is where the number comes from, what it is — and what it is not.

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Where the number comes from

  • §736.1007 borrows probate's attorney-fee schedule (§733.6171(3)) and applies 75% of it to ordinary services in the initial administration of a revocable Trust after the settlor's death.
  • The schedule slides with the Trust's value. Worked example: on a $500,000 Trust, probate's schedule yields $15,000 — so the Trust-administration presumption is $11,250.
  • It is a presumption of reasonableness, not a required fee. The Trustee and the attorney set the actual fee by agreement — a flat fee below the presumption is common, and extraordinary services are separate.
  • The Trustee's own compensation is a different question — §736.0708 governs that, not §736.1007.

The written disclosures a fee agreement must make

An attorney who intends to charge based on the schedule must make these disclosures in writing to the Trustee — verbatim from the statute — and obtain the Trustee's timely signature acknowledging them:

  1. There is not a mandatory statutory attorney fee for trust administration.
  2. The attorney fee is not required to be based on the size of the trust, and the presumed reasonable fee provided in subsection (2) may not be appropriate in all trust administrations.
  3. The fee is subject to negotiation between the trustee and the attorney.
  4. The selection of the attorney is made at the discretion of the trustee, who is not required to select the attorney who prepared the trust.
  5. The trustee shall be entitled to a summary of ordinary and extraordinary services rendered for the fees agreed upon at the conclusion of the representation. The summary shall be provided by counsel and shall consist of the total hours devoted to the representation or a detailed summary of the services performed during the representation.

The governing provisions

  • Compensation of attorney for the personal representative

    § 733.6171 ↗
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The percentage schedule (sliding by estate value) used to presume reasonable attorney compensation for ordinary services in probate; §736.1007 applies 75% of this schedule to Trust administration. Presumed reasonable is a starting point, not a mandate.

  • Trustee compensation

    § 736.0708 ↗

    If the trust does not specify, the trustee is entitled to reasonable compensation.

  • Trustee's attorney fees

    § 736.1007 ↗

    Presumes a reasonable attorney fee for ordinary services in the initial administration of a revocable Trust after the settlor's death — 75% of the §733.6171(3) percentage schedule — and requires specific written disclosures in the fee agreement. A presumption, never a required fee.

    • What this means for a Trustee

    • The presumption is a starting point, not a bill. Ask for the fee basis in writing, and ask whether a flat fee is available.
    • An agreement that skips the disclosures loses the statutory presumption — they are your protection as the client.
    • Fee agreements and engagement letters are attorney-drafted documents; review them before signing.

    Related reading

    • Executing a Trust termination in Florida →
    • Florida Trustee duties overview →

    General information about Florida law, not legal advice.

    Frequently asked questions

    How much are attorney fees for administering a Florida trust?
    Florida law presumes a reasonable attorney fee for ordinary trust-administration services after a settlor's death: under §736.1007, 75% of the §733.6171 probate fee schedule — about $11,250 on a $500,000 trust. It is a presumption of reasonableness, not a required or fixed fee.
    Is the §736.1007 attorney fee mandatory?
    No. It is a statutory presumption for ordinary services; the trustee and attorney may agree to a different reasonable fee, and §736.1007 requires specific written disclosures in the fee agreement.
    What must the fee agreement disclose?
    Generally, §736.1007 requires the attorney to disclose in writing that the fee is not required by law, that it is subject to negotiation, the basis on which the fee will be computed, and that the trustee may choose other counsel — among the statutory disclosures. General information, not legal advice.

    General information about Florida law, not legal advice.

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