The Cost of Resistance: Florida’s New Probate Fee-Shifting Law

When disputes arise over who controls an estate – and how the authority is exercised – the cost of resistance just went up. Florida’s new probate law gives personal representatives a powerful tool to enforce their authority, while creating potentially significant fee exposure for beneficiaries, financial institutions and others who stand in the way. The message is clear: recognize valid authority, understand the risks of resistance and resolve disputes before they become costly litigation.

Effective July 1, 2026, Florida enacted a new probate statute that strengthens the authority of personal representatives and creates a mandatory fee-shifting mechanism in certain enforcement proceedings. Florida Statute § 733.6125 has the potential to significantly impact estate administrations across the state by providing personal representatives with a meaningful remedy when court intervention becomes necessary to enforce their statutory authority.

At the center of this new law, titled “Proceedings to Enforce Authority,” is the following fee-shifting provision:

In any proceeding to enforce the authority of a personal representative as conferred by this code, the court shall award to a prevailing personal representative taxable costs as in chancery actions, including attorney fees.

Although concise, this provision may have far-reaching consequences for estate administration. The Legislature appears to have enacted § 733.6125 in recognition of recurring situations in which personal representatives encounter resistance or noncompliance when attempting to carry out their court-authorized duties.

Under Florida probate law, a personal representative is the individual or entity appointed by the probate court to administer a decedent’s estate. Personal representatives are responsible for gathering estate assets, paying valid debts and expenses, managing administration matters, and ultimately distributing estate property to beneficiaries. To fulfill those responsibilities, Chapter 733 of the Florida Probate Code grants personal representatives broad statutory powers, including the authority to collect assets, manage property, and conduct transactions on behalf of the estate.

Despite these statutory powers, personal representatives frequently encounter obstacles from financial institutions, businesses, and interested parties, such as beneficiaries, who challenge, delay, or refuse to recognize their authority. Until now, obtaining compliance often required costly court intervention, with no clear mechanism for recovering the resulting attorney’s fees and costs.

What Does the New Statute Do?

Florida Statute § 733.6125 creates a fee-shifting mechanism in proceedings brought to enforce a personal representative’s authority. Specifically, when a personal representative prevails in an enforcement proceeding, the court is required to award taxable costs and attorney’s fees.

Importantly, the statute permits the court to direct payment of those fees and costs from:

• Any person whose action or inaction necessitated the enforcement proceeding;

• Any person having an interest in the estate; and

• Property outside of the estate through the entry of an enforceable judgment.

The practical significance of this provision should not be overlooked. Rather than requiring the estate to absorb the expense of litigation caused by another person’s conduct, the statute gives courts the authority to shift costs to the individual or entity whose actions made enforcement proceedings necessary.

One of the statute’s most notable features is that the fee award is mandatory. The Legislature chose the phrase “shall award” taxable costs and attorney’s fees to a prevailing personal representative, language that generally leaves little discretion to the court once the statutory components have been satisfied. This differs from many attorney’s fee provisions that permit, but do not require, a fee award. As a result, parties opposing a personal representative’s exercise of statutory authority may face materially greater litigation risk than under prior law.

Practical Implications of § 733.6125

1.         Greater Recognition of a Personal Representative’s Authority

Estate administration frequently requires interaction with banks, brokerage firms, insurance companies, and other custodians of estate assets.  Practitioners regularly encounter situations in which institutions request additional documentation, delay action, or decline to immediately recognize a personal representative’s authority despite the issuance of valid Letters of Administration.

The prospect of mandatory attorney’s fee exposure may encourage greater cooperation and more timely compliance when a personal representative exercises authority granted under the Probate Code.   

2.         Faster Estate Administration

Disputes concerning a personal representative’s authority can significantly delay the administration of an estate and increase costs for beneficiaries and other interested parties.

By creating a mechanism for recovering attorney’s fees and costs incurred in enforcement proceedings, the statute may encourage earlier resolution of disputes and reduce unnecessary obstacles to efficient estate administration.

3.         Enhanced Protection for Fiduciaries

Personal representatives serve in a fiduciary capacity and are often required to take affirmative action to protect estate assets and fulfill their statutory obligations.

Section 733.6125 provides personal representatives with a statutory mechanism for recovering fees and costs incurred when enforcement litigation becomes necessary. In appropriate cases, the statute may help preserve estate assets by shifting the financial burden of unnecessary enforcement proceedings away from the estate itself.  

Potential Applications of Florida Statute § 733.6125

Although appellate courts have not yet interpreted this newly enacted statute, several recurring probate disputes appear likely candidates for its application, including:

• A financial institution refusing to recognize a validly appointed personal representative;

• A third party withholding estate property despite proper authority being presented;

• An interested person interfering with a personal representative’s statutory duties; and

• Disputes involving access to estate information or assets necessary for administration.

The precise scope of what constitutes a proceeding to “enforce authority” remains uncertain and will likely be developed through future litigation and judicial interpretation.

Questions That Remain

As with many newly enacted statutes, several important questions remain unanswered:

• What types of disputes qualify as enforcement proceedings?

• How broadly will courts interpret the phrase “authority of a personal representative as conferred by this code”?

• Under what circumstances will courts assess fees against interested persons?

• What standards will determine whether a personal representative is a “prevailing” party?

• Will the statute apply only in formal probate proceedings, or could it extend to related litigation arising from an estate administration?

Because the law is newly enacted, practitioners should closely monitor any future trial and appellate decisions interpreting Florida Statute § 733.6125. Those decisions will likely define both the scope of the statute and its practical significance in probate litigation.

Key Takeaways

Florida Statute § 733.6125 represents a significant development in Florida probate practice. By creating a mandatory attorney’s fee and cost recovery mechanism for prevailing personal representatives in enforcement proceedings, the Legislature has provided a potentially powerful tool for protecting fiduciary authority and addressing conduct that unnecessarily impedes estate administration.

As courts begin interpreting the statute, fiduciaries, beneficiaries, financial institutions, and probate practitioners should closely monitor developments to better understand the scope of the statute and its practical effect on estate administration throughout Florida.