Florida law dictates that attorney fees in probate proceedings are typically paid from the estate’s assets. This means the funds used to compensate legal counsel are drawn from the deceased person’s remaining property, money, and other holdings. For example, if the estate includes a house, bank accounts, and investments, the proceeds from these assets will cover legal expenses incurred during the probate process. This ensures fair compensation for legal services rendered while administering the estate and distributing its assets according to the will or intestacy laws.
This system offers significant advantages. It ensures the efficient and proper administration of estates, regardless of the heirs’ immediate financial capacity. This protects beneficiaries and creditors by ensuring a structured process managed by legal professionals. Historically, the concept of covering administrative costs, including legal fees, from the estate itself has been a cornerstone of probate law, reflecting a commitment to equitable distribution and the orderly settlement of the decedent’s affairs.