The Short Answer

If your Florida probate lawyer is not communicating and you do not understand the retainer or what is happening in the case, that is a serious red flag—especially if you are the personal representative (executor) responsible for protecting the estate. Florida law expects probate attorney compensation and disclosures to be handled transparently, and an unresponsive lawyer can put deadlines, estate assets, and your fiduciary duties at risk.

What Florida Law Says

In many Florida probate administrations, the attorney is hired by (and takes direction from) the personal representative, and attorney fees are often paid from estate assets. Because those fees affect the estate and beneficiaries, Florida law builds in disclosure requirements and court oversight mechanisms—particularly when fees are based on a statutory schedule or are disputed.

The Statute

The primary law governing this issue is Fla. Stat. § 733.6171.

This statute establishes that a probate attorney for the personal representative is entitled to reasonable compensation, and—if the attorney intends to charge based on the statute’s fee schedule—requires specific written disclosures (including that fees are negotiable and not mandatory) and a signed acknowledgment; if required disclosures are not made, the attorney may not be paid without court approval or written consent of all interested parties.

Why You Should Speak with an Attorney

Even when you feel certain your lawyer is “dropping the ball,” changing counsel or challenging fees in a probate matter can have real consequences. Applying the law to your situation is rarely simple. Outcomes often depend on:

• Strict Deadlines: Probate administrations involve time-sensitive notices, creditor issues, and court filings; delays caused by counsel can create avoidable disputes and expense.
• Burden of Proof and Documentation: If fees are questioned, the ability to justify what work was done (and whether it benefited the estate) can matter—especially when beneficiaries object.
• Exceptions and Court Oversight: Whether the lawyer properly gave the disclosures required by § 733.6171, whether fees are “ordinary” vs. “extraordinary,” and whether court approval is needed are fact-specific questions that can affect what gets paid and who is responsible.

If you are the personal representative, you can also face personal exposure if estate funds are mishandled or if beneficiaries claim the administration was mismanaged. A second opinion from a Florida probate attorney can quickly clarify whether your current counsel’s conduct is merely poor communication—or something that requires immediate action.

Related reading: Can a Florida executor pay a probate attorney retainer from estate funds (and how are attorney fees handled)? and Should I cash an inheritance check before reviewing the probate accounting in Florida?.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.