The Real Cost of Probate in Florida: A Guide to Fees & Rates

cost of probate in florida

Navigating probate administration after the loss of a loved one is difficult enough without the added stress of financial uncertainty. If you are managing an estate, one of the first questions many families have is: How much does probate cost?

The cost of probate in Florida varies significantly based on several factors, including the size of the estate, the presence of a valid Will, and family cooperation.

This guide breaks down exactly how Florida probate fees are calculated, who is responsible for paying them, and statutory guidelines for attorney and personal representative fees.

Families looking to control the cost of probate in Florida should consult with an experienced Florida probate attorney early in the process.

Snapshot: Average Probate Costs in Florida

Before diving into the details, here is a general overview of what to expect regarding probate cost in Florida:

Court Filing Fees: These typically range from $300 – $400. However, the total cost often includes other costs beyond the initial filing.
Summary Administration: This simplified probate process is typically used for simple estates. It generally costs less (often under $3,000 in legal fees) and is faster, but is only available for estates under $75,000 or deaths over 2 years ago.
Formal Administration: Can range from $5,000 to $15,000+ depending on assets and disputes. Larger estates requiring strict court supervision tend to cost more.
Publication/Notice Costs: Approximately $100 – $200 for legal notices.

1. How Are Florida Probate Attorney Fees Calculated?

Attorney fees usually make up the largest portion of associated costs. In Florida, these fees are governed by Florida Statutes (specifically Fla. Stat. §733.6171), which define what constitutes reasonable compensation. Lawyers generally charge in one of three ways:

A. Statutory Percentage Fees

Probate law provides a “presumed reasonable” fee structure based on the compensable value of the estate (assets + income). This offers predictability for most probate cases.

Estate Value	Presumed Reasonable Attorney Fee
Up to $40,000	$1,500 (Flat)
$40,000 to $70,000	$2,250 (Flat)
$70,000 to $100,000	$3,000 (Flat)
$100,000 to $1 Million	3% of value
$1 Million to $3 Million	2.5% of value
$3 Million to $5 Million	2% of value
$5 Million to $10 Million	1.5% of value
Over $10 Million	1% of value

B. Flat Fees

For Summary Administration or highly cooperative, uncontested Formal Administration cases, some attorneys (including our firm) may offer a flat fee. This is only possible when the scope of work is clearly defined and no disputes are anticipated.

C. Hourly Rates

Hourly billing is typically used for probate litigation or complex cases where the time required is unpredictable. If a Will is contested, or if beneficiaries are fighting, flat fees are rarely an option.

2. Personal Representative Compensation

The Personal Representative (Executor) is also entitled to payment for their time and effort. Under Fla. Stat. §733.617, personal representative fees are paid from the estate assets.

Estate Value	Personal Representative Commission
First $1 Million	3%
Next $4 Million	2.5%
Next $5 Million	2%
Over $10 Million	1.5%

Note: If there are multiple Personal Representatives for an estate valued over $100,000, the full commission may be split or doubled depending on the specific circumstances and number of representatives.

3. Who Pays These Fees?

A common misconception is that the family pays legal fees out of their own pockets.

The Reality: In almost all cases, the estate pays the bills.

Probate costs, including attorney fees, court fees, and PR commissions, are deducted from the estate’s assets before asset distribution occurs. Only the remaining assets are distributed to beneficiaries.

Exception: In adversarial litigation (e.g., a beneficiary suing the estate), parties may sometimes be responsible for their own legal costs unless a court orders otherwise.

Breakdown of Associated Costs and Court Fees

Beyond legal and representative fees, there are administrative expenses and additional probate costs that affect the final bottom line.

Court filing fees are only a portion of the total Florida probate fees most families will face.

These associated costs are necessary to satisfy the probate court and manage the estate:

Court Costs: Filing fees generally cost a few hundred dollars depending on the county.
Executor Bond Fees: If the probate court requires a bond to protect beneficiaries, the premium is paid by the estate.
Legal Notices: The cost to publish notices to creditors in local newspapers.
Accounting Fees: If a CPA is needed for estate tax returns or complex accountings.
Other Costs: Expenses for postage, certified mail, and securing property.

A seasoned Florida probate attorney can identify exemptions and strategies that lower the overall probate cost in Florida.

4. Understanding “Extraordinary Services”

The standard fees listed above cover normal administration. However, if the estate involves diverse assets or faces complications, attorneys may charge additional costs for “extraordinary services.” These additional expenses often arise in complex estates and include:

Litigation: Will contests, undue influence claims, or elective share disputes.
Real Estate: Handling the sale of a house or dealing with homestead issues.
Tax Work: Preparing federal estate tax returns (Form 706) or resolving tax audits.
Business Interests: Valuing and transferring ownership of closely held businesses.
Creditor Claims: Resolving complex or contested debts owed by the decedent.
Multiple Jurisdictions: Handling assets held in other states or countries (Ancillary Probate).

5. Estate Planning: Can You Avoid Probate?

While some court costs are fixed, strategic estate planning can help you avoid probate or reduce expenses.

Use a Living Trust: Assets placed in a Revocable Living Trust bypass the legal process of probate entirely.
Joint Tenancy: Property titled in joint tenancy with rights of survivorship passes automatically to the surviving owner.
Keep Beneficiaries Up to Date: Ensuring your accounts have designated beneficiaries helps streamline the process.
Check for Summary Administration: If the assets subject to probate are worth less than $75,000, or the decedent passed away more than two years ago, you may qualify for this faster, cheaper process.
Keep Accurate Records: The more time your attorney spends hunting down bank accounts or missing titles, the higher the cost. Presenting an organized inventory of assets saves legal hours.
Encourage Cooperation: Disputes between heirs are the #1 driver of high probate costs. If the family can agree on distribution, fees remain much lower.
Negotiate: Florida law requires fee transparency. Attorneys are required to disclose that fees are negotiable and not mandatory.

Can a Lawyer Also Be the Personal Representative?

Yes, but strict rules apply. If an attorney (or a relative of the attorney) drafted the Will and is also named as the Personal Representative, they must have obtained a specific, signed disclosure from the testator prior to death. Without this, they cannot collect a commission for serving as the representative, though they can still be paid for legal services.

Common Myths About Florida Probate Costs

There is a lot of misinformation about Florida probate fees. Let’s clear up the biggest misconceptions we hear from clients.

Myth #1: “The State of Florida will take all my assets.” Fact: This is extremely rare. The state only takes assets if you pass away with absolutely no heirs—no spouse, children, siblings, or distant relatives. In 99% of cases, your assets go to your family or designated beneficiaries, minus standard probate fees and debts.

Myth #2: “If I have a Will, I avoid probate fees.” Fact: A Will does not keep you out of probate. However, simplified estate administration can often be achieved through a straightforward will, which can significantly lower the overall cost of probate in florida. While the estate must still go through the process, a clear Will often prevents the litigation that drives up expenses.

Myth #3: “The family has to pay the attorney out of their own pocket.” Fact: As mentioned above, Florida probate attorney fees are almost always paid from the estate assets, not by the beneficiaries personally.

Myth #4: “Attorneys can charge whatever they want.” Fact: This is false. Florida law mandates that all florida probate fees—specifically attorney fees—must be “reasonable.” If a fee is deemed excessive relative to the services provided, it can be challenged in court.

Frequently Asked Questions

Q: Who pays for the funeral if probate hasn’t started? A: Often, a family member pays upfront and is reimbursed by the estate later. In Florida, reasonable funeral expenses are a high-priority debt, meaning they get paid back before credit cards or other bills.

Q: How much are court filing fees in Florida? A: While it varies slightly by county, the filing fee to open a formal administration is typically around $400. There may be small additional fees for summons or recording documents.

Q: Does life insurance have to go through probate? A: Usually, no. If the life insurance policy has a designated beneficiary (like a spouse or child), it bypasses probate and pays out directly to them. It only goes through probate if the beneficiary is listed as “The Estate” or if the named beneficiary has already passed away.

Q: How long does the probate process take? A: Probate in Florida can take anywhere from three months to several years, depending on the complexity of the estate and whether it is contested. Simple estates utilizing Summary Administration are faster, while Formal Administration takes longer due to increased court supervision.

Q: Can I handle probate without a lawyer? A: In Florida, Formal Administration probates are complex and usually necessitate the guidance and representation of a florida probate attorney. While very small estates may qualify for “Disposition Without Administration,” the standard process involves legal technicalities that are difficult to manage alone.

Q: Apart from legal fees, what other costs should I expect? A: While attorney fees are typically the largest expense in the probate process, you must also plan for appraisal and valuation fees. These vary based on the type of asset (e.g., real estate vs. jewelry) and can range from hundreds to thousands of dollars. Additionally, court filing fees to open the process typically range from $300 to $400.

Q: What are the different types of probate in Florida? A: There are three main types: Formal Administration (the standard, most common process), Summary Administration (for estates under $75,000), and Disposition Without Administration (for very small estates). The type of administration required is the biggest factor in determining the total probate cost in florida.

Real-World Examples: Comparing Probate Costs

To help you visualize how these fees work in practice, let’s look at three hypothetical scenarios common in Florida probate. These examples illustrate how the cost of probate in Florida shifts depending on the estate’s size and the level of planning involved.

Scenario A: The Simple “Summary Administration”

The Estate: A widowed father passes away leaving a bank account with $15,000 and a paid-off car. He had a valid Will leaving everything to his only daughter.
The Process: Because the assets are well under the $75,000 threshold, this qualifies for Summary Administration.
Estimated Costs:
- Attorney Fees: A flat fee (typically $1,500 – $2,500).
- Court Costs: Approximately $300 – $400 for filing.
- Total Cost: ~$2,000 – $3,000.
Timeframe: 1–3 months.
Takeaway: For simple estates, costs are low and predictable.

Scenario B: The “Formal Administration” (Assets Only)

The Estate: A mother passes away owning a home worth $350,000 and an investment account worth $150,000. Total estate value: $500,000. She has a Will, and her two children get along well.
The Process: This requires Formal Administration because the assets exceed $75,000.
Estimated Costs:
- Attorney Fees: Based on the 3% statutory schedule for the first $1M.
  - 3% of $500,000 = $15,000.
- Personal Representative Fees: 3% commission = $15,000 (unless waived by the children).
- Court & Admin Costs: Filing fees, publication, and certified copies = ~$600.
- Total Cost: ~$15,600 – $30,600 (depending on if the family takes the PR commission).
Takeaway: Even in a peaceful family situation, the statutory percentages for a Florida probate attorney and Representative can add up.

Scenario C: The “Complex” Estate (Litigation & Business)

The Estate: A father passes away with a business worth $2 million and various business interests. He did not update his Will after remarrying, leading to a dispute between his new spouse and children from a prior marriage.
The Process: This involves Formal Administration plus probate litigation.
Estimated Costs:
- Attorney Fees: The statutory fee on $2M is $40,000 (3% on first $1M + 2.5% on next $1M). However, because of the litigation, the attorney bills hourly for “extraordinary services.” The final legal bill could easily exceed $60,000+.
- Personal Representative Fees: Statutory commission is roughly $55,000.
- Additional Expenses: Forensic accountants for business valuation and court reporters for depositions = $5,000 – $10,000.
- Total Cost: $120,000+.
Takeaway: Disputes and business assets are the biggest drivers of cost.

Why “DIY” Probate Often Costs More

Many people ask: Can I just do this myself to save money? While it is legally possible to file for “Disposition Without Administration” on your own for tiny estates, attempting Formal Administration without a lawyer is nearly impossible and legally risky.

The Risk: If you miss a creditor notice deadline or mismanage asset distribution, you can be personally liable for the debts.
The Cost of Fixing Mistakes: Hiring an attorney to fix a botched probate filing often costs more than if they had handled it from the start.
The Bond: Judges frequently require non-attorney Personal Representatives to post a potentially expensive executor bond, whereas attorneys can often petition to waive this requirement.

Conclusion: Transparency is Key

Every estate is unique. Whether you are facing a simple Summary Administration or a complex Formal Administration with potential tax issues, you deserve a clear picture of the financial road ahead.

Do not let the fear of costs prevent you from settling an estate.

At Lorenzo Law, we prioritize transparency. We review your specific situation to determine if flat fees are available and help you understand exactly what will—and won’t—be deducted from the estate.

Need a clear estimate?

Working with Jose Lorenzo, a Florida probate attorney, gives families a clear breakdown of the cost of probate in Florida and helps them avoid unnecessary Florida probate fees from day one.

Contact our experienced team today to discuss your case and find the most cost-effective path forward for your family. We work closely with our clients to ensure the process is smooth.

Contact a Florida Probate Attorney Today

If you are facing probate after the loss of a loved one or planning ahead to protect your estate, understanding the full financial picture—including the cost of probate in Florida—is essential. At our firm, we guide families through the complexities of the legal process, from filing initial documents to the final distribution of assets.

Whether you are unsure how much probate cost in Florida will ultimately be, or you have specific questions about who pays for probate attorney fees in Florida, we are here to provide clarity. Every estate is different, and Florida probate fees can vary significantly depending on the size of the estate, the number of heirs, and whether litigation is involved. We help you understand these numbers upfront and offer personalized strategies to reduce costs and avoid unnecessary delays.

Serving Families Across Florida

Our experienced Florida Probate Attorney team is proud to represent clients throughout the state. We handle probate matters in all major circuits, including but not limited to:

South Florida: Miami (Miami-Dade County), Fort Lauderdale (Broward County), West Palm Beach & Boca Raton (Palm Beach County)
Central Florida: Orlando (Orange County), Kissimmee (Osceola County), Sanford (Seminole County), Daytona Beach (Volusia County)
Tampa Bay Area: Tampa (Hillsborough County), St. Petersburg & Clearwater (Pinellas County), Sarasota (Sarasota County), Bradenton (Manatee County)
North Florida: Jacksonville (Duval County), Gainesville (Alachua County), Tallahassee (Leon County), Pensacola (Escambia County)
Southwest Florida: Naples (Collier County), Fort Myers (Lee County)

florida probate attorney

Ready to move forward? Contact us today for a consultation. Working with a focused Florida probate attorney ensures all procedural steps are handled correctly, reducing hidden Florida probate fees.

Let us help you protect your loved one’s legacy while navigating the probate process with confidence and efficiency.