Fla. Prob. R. 5.355 · Part II. — PROBATE
PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND COMPENSATION OF PERSONAL REPRESENTATIVES AND ESTATE EMPLOYEES
Text — October 1, 2026 edition
(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.
(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 and commentary — not rule text
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 Revision: New rule.
1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes.
1996 Revision: Committee notes revised.
2003 Revision: Committee notes revised.
2007 Revision: Committee notes revised.
2012 Revision: Committee notes revised.
2026 Revision: Rule divided into subdivisions and reorganized. Committee notes revised. 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 Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service.
Source of truth
- Edition
- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/10/Probate-Rules-10-01-26.pdf (PDF pages 160–161)
- Text hash
- sha256 47424fc6b0d7da42846277afd4ff06beb17cd93ba30716acea2eb1b275563f32
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.