Associate Attorney
In Dorn v. Hatwood as Personal Representative of the Estate of Dorn (Fla. 4th DCA Feb. 18, 2026), the Fourth District Court of Appeal addressed whether attorneys’ fees incurred in probate administration could be included as part of a lien against protected homestead property.
What happened:
Under Fla. Stat. § 733. 608, a Personal Representative can be entitled to a claim of lien against a decedent’s homestead property for amounts used to preserve that property. The dispute arose, however, when during the administration of the estate, the personal representative sought to recover costs and attorneys’ fees related to the probate proceedings. The trial court included $48,986.40 as part of a claim of lien against the decedent’s homestead property.
On appeal, the appellant argued—and the personal representative ultimately acknowledged—that this statutory provision was the wrong basis for the lien. Section 733.608 allows a personal representative to secure a lien against protected homestead property only for funds expended to preserve, maintain, insure, or protect the property.
The Fourth District agreed. Citing prior precedent, the court explained that attorneys’ fees incurred in the general administration of an estate do not qualify as expenses to preserve or protect homestead property. Because the $48,986.40 represented general estate administration costs rather than expenses directly tied to protecting the homestead, the appellate court reversed that portion of the order and remanded for the trial court to clarify the proper statutory basis—potentially section 733.106, which governs probate fee awards more broadly.
Why it matters (for trial lawyers):
Probate practitioners often seek recovery of fees and costs during estate administration, but the statutory basis for those fees matters. Section 733.608 is narrowly tailored to expenses incurred specifically to preserve or protect homestead property. Attempting to attach broader estate administration fees to a homestead lien can lead to reversal on appeal.
The case also serves as a reminder that appellate courts will scrutinize the statutory foundation for fee awards—even where the parties ultimately agree the trial court relied on the wrong statute.
Takeaway:
- In certain situations, Personal Representatives can secure a homestead lien on the primary residence of a decedent, if they expend funds to preserve those properties
- However, not all probate administration fees can be secured by a lien on homestead property. Section 733.608 applies only to expenses incurred to preserve or protect the homestead itself.
- General estate administration fees must be pursued under the proper statutory authority.
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