What Are the Costs of Probate in Florida, and Who Pays Probate Attorney Fees?

cost of probate in florida

Navigating probate in Florida can be complicated, especially when you’re also trying to understand the costs involved. Whether you’re planning ahead or managing an estate after a loved one’s passing, understanding the cost of probate in Florida is critical. This comprehensive guide explains how much probate costs in Florida, who is responsible for probate attorney fees, and how those fees are calculated under Florida law.

How Much Does Probate Cost in Florida?

The cost of probate in Florida varies based on the size and complexity of the estate. Expenses generally include:

Court filing fees
Certified mailing and publication costs
Personal representative compensation
Florida probate attorney fees
Appraisal and accounting fees

Smaller estates with limited assets may qualify for summary administration, which can cost a few thousand dollars. In contrast, larger or contested estates that require formal administration can easily exceed $10,000 to $15,000 or more, depending on the situation.

According to Fla. Stat. §733.617, the personal representative is entitled to compensation from the estate based on its compensable value, which includes the total inventory of probate estate assets and any income generated during the administration process.

Understanding Out-of-Pocket Expenses in Florida Probate Cases

When evaluating the cost of probate in Florida, it’s important to consider more than just legal fees. Probate involves a range of out-of-pocket expenses that can significantly affect the total probate cost in Florida—and many of these cannot be fully anticipated at the outset of a case.

Common out-of-pocket costs include court filing fees, publication costs for required notices, and fees for certified mail. In more complex estates, additional professionals may need to be brought in. These might include real estate appraisers, certified public accountants (CPAs), or experts for business valuations, particularly when the estate includes closely held companies or unique assets. Each of these services comes with its own cost, which adds to the overall Florida probate fees.

Because these expenses depend on the nature and complexity of the estate, they can vary widely. For this reason, not all attorneys offer flat fees. While we do provide flat fee options in uncontested cases with full cooperation from the parties involved, every estate is different, and some costs are only discovered after administration begins.

Clients often ask how much does probate cost in Florida or who pays probate attorney fees in Florida. The answer depends on the specifics, but generally, these fees and expenses are paid from estate assets before distributions are made to beneficiaries.

Our experienced Florida Probate Attorney will walk you through these potential costs and provide guidance to minimize unnecessary expenses wherever possible. Transparency is our priority.

Statutory Fees for Personal Representatives in Florida

Under Florida law, the commission for a personal representative is presumed reasonable if calculated as follows:

3% on the first $1 million of the estate
2.5% on the next $4 million
2% on the next $5 million
1.5% on amounts above $10 million

If the estate’s compensable value is $100,000 or more and there are multiple personal representatives, compensation is divided according to statutory guidelines.

In addition to ordinary services, extraordinary services—like handling real estate sales, litigation, or tax matters—qualify for additional compensation.

How Are Probate Attorney Fees Calculated in Florida?

Fla. Stat. §733.6171 governs the Florida probate attorney fees. Attorneys are entitled to “reasonable compensation” for services rendered on behalf of the estate and personal representative. These fees are also paid from estate assets unless otherwise agreed.

A standard fee schedule presumed reasonable is:

$1,500 for estates up to $40,000
An additional $750 for estates from $40,000 to $70,000
An additional $750 for estates from $70,000 to $100,000
3% of the next $900,000
2.5% on the next $2 million
2% on the next $2 million
1.5% on the next $5 million
1% on amounts above $10 million

This structure creates predictability and transparency in determining how much probate costs in Florida.

Who Pays Probate Attorney Fees in Florida?

One of the most commonly asked questions is: Who pays probate attorney fees in Florida?

The answer: these fees are paid out of the estate assets before distribution to heirs. In other words, the estate—not the personal representative or the beneficiaries—typically covers the cost of probate in Florida. This includes:

Attorney’s statutory fees
Any extraordinary fees for litigation, tax work, or business matters
Court costs and related expenses

This makes it crucial to factor in attorney fees when evaluating how much will ultimately pass to beneficiaries.

What Are Considered Extraordinary Legal Services?

Extraordinary services go beyond standard estate administration and can significantly affect probate cost in Florida. These may include:

Will contests or probate litigation
Handling disputes over elective shares
Resolving creditor claims
Preparing estate tax returns
Real estate transactions
Dealing with homestead property issues

When an attorney provides these services, additional fees may apply, either as a percentage or hourly rate. The amount must be reasonable and often requires court approval or agreement by all interested parties.

Can Probate Attorney Fees Be Negotiated?

Yes. Florida Probate Attorney fees can be negotiated under Fla. Stat. §733.6171(2). The personal representative and the attorney can agree on an alternative fee structure, but it must be disclosed to those affected. If no one objects, the fee can be paid as agreed.

The statute also requires attorneys to disclose that:

There’s no mandatory fee
Fees can be negotiated
The attorney does not have to be the one who drafted the will
A detailed summary of services must be provided

This transparency ensures the personal representative understands the full financial impact of retaining a Florida Probate Attorney.

Are Flat Fees Available for Probate Cases in Florida?

One of the most common questions we receive is whether flat fees are available for probate. The short answer is—sometimes. While many clients hope for a predictable number up front, the reality is that not all attorneys offer flat fees for probate cases. The availability of a flat fee depends heavily on the nature of the estate, the level of cooperation among heirs, and whether the case is uncontested.

When everyone is cooperating and there are no disputes, flat fees can make sense. In these cases, the cost of probate in Florida may be more manageable and predictable. At our firm, we do offer flat fees for straightforward, uncontested matters, and we’re always upfront about expectations.

However, if complications arise—such as missing beneficiaries, unclear wills, or contested claims—the legal work increases, and flat fees may no longer be appropriate. That’s why every estate requires a personalized evaluation.

Understanding how much probate costs in Florida and who pays probate attorney fees in Florida starts with knowing what kind of case you have. All Florida probate fees, including the probate cost in Florida, are generally paid by the estate before assets are distributed.

Our experienced Florida Probate Attorney will assess your specific situation and let you know if a flat fee is available. We are committed to transparent pricing, honest expectations, and making the probate process as smooth and cost-effective as possible for your family.

When Are Hourly Rates Used for Probate Cases in Florida?

While flat fees and statutory guidelines are common in simple probate cases, there are situations where an attorney must work on an hourly basis. In more complex formal administrations—especially those involving multiple beneficiaries, potential disputes, or uncertain asset structures—flat fees may not be realistic. In such cases, an experienced Florida Probate Attorney will propose an hourly rate to ensure flexibility and fairness as the case evolves.

Many families ask how much does probate cost in Florida, and the honest answer is that it depends. When estates involve litigation, unclear beneficiary rights, missing documents, tax issues, or out-of-state property, the true scope of work cannot always be predicted at the outset. Because of these variables, it may be impossible to give a fixed cost immediately, and hourly billing ensures that time spent is accurately reflected in the final invoice.

Hourly billing may also be used when a case begins as seemingly straightforward but later becomes complex due to unexpected legal or factual developments. These include contests over the will, Florida probate fees disputes, or challenges to asset valuations.

In hourly rate matters, the attorney should provide detailed billing and clear communication throughout the representation. While this model may create some uncertainty, it is often the most practical and equitable approach in higher-stakes or unpredictable probate matters.

If you’re navigating a complex estate and need clarity on the cost of probate in Florida, our Florida Probate Attorney will help assess your case and recommend the most appropriate fee structure.

Litigation Fees and Costs for Probate Cases in Florida

When probate matters escalate into legal disputes, the process becomes significantly more complex—and more expensive. Probate litigation typically arises in cases involving will contests, breaches of fiduciary duty, disputes among beneficiaries, elective share claims, or contested creditor issues. These scenarios not only prolong the administration process but also substantially increase the cost of probate in Florida.

Unlike standard probate administration, litigation requires a different level of legal strategy, courtroom preparation, and time investment. This is why Florida Probate Attorneys often use hourly billing structures or enhanced fee agreements to reflect the complexity and risk involved. The more contentious and uncertain the litigation becomes, the harder it is to estimate costs in advance.

In practice, billing by hourly rate is the most common fee structure used for Florida probate litigation. Flat fees are almost never offered for litigation due to the unpredictable nature of court proceedings and the time required. Hourly rates vary widely depending on the attorney’s experience, geographic location, and the complexity of the case. A senior Florida Probate Attorney handling multi-million-dollar litigation may charge significantly more than a general practitioner dealing with a basic dispute. Clients should always ask for a proposed rate schedule and billing practices before representation begins to understand their financial exposure.

In most cases, Florida probate fees related to litigation include:

Attorney hourly rates (which can range widely based on experience and jurisdiction)
Filing and court fees for petitions and motions
Depositions and discovery costs
Expert witness fees (e.g., forensic accountants, handwriting experts, valuation experts)
Mediation or arbitration expenses if the court mandates ADR

Clients frequently ask how much does probate cost in Florida when litigation is involved. Unfortunately, there is no one-size-fits-all answer. Costs can exceed tens of thousands of dollars depending on the length and scope of the legal battle. In these situations, attorneys must assess the case carefully and provide ongoing estimates as the matter progresses.

It’s also critical to understand who pays probate attorney fees in Florida when litigation is involved. In some cases, the fees may be paid from the estate, especially when the personal representative is defending the estate or fulfilling their fiduciary duties. However, when the litigation is adversarial between parties (e.g., one heir suing another), each side may be responsible for paying their own legal costs, unless a court orders otherwise.

Retaining an experienced Florida Probate Attorney early in the process is essential to evaluate the strength of a potential claim or defense and to help keep litigation from spiraling into unnecessary expense. When disputes can’t be avoided, legal counsel ensures your rights are protected while managing the scope and cost of litigation efficiently.

Can a Florida Probate Attorney Handle Litigation on a Contingency Fee Basis?

In very limited circumstances, a Florida Probate Attorney may agree to handle probate litigation on a contingency fee basis. This means the attorney is only paid if there is a successful recovery—either through a court judgment or settlement—and the fee is calculated as a percentage of the amount recovered.

However, this arrangement is rare in probate and trust litigation. Contingency fees are usually only considered when:

The claim has strong legal merit and provable damages
The estate or trust has sufficient value to justify the risk
There is a clear beneficiary interest or enforceable claim to recover assets
The party bringing the claim cannot afford hourly or flat-rate legal fees

Even in these scenarios, contingency agreements are subject to strict ethical rules and judicial oversight. The court may still be required to approve the fee structure, especially if minor beneficiaries or incapacitated persons are involved.

Additionally, a contingency agreement does not eliminate out-of-pocket costs like filing fees, expert reports, or court costs—those may still need to be paid or advanced separately by the client.

If you’re considering litigation but concerned about how much probate costs in Florida or whether you can afford an attorney, speak with our firm. We evaluate each case individually and, where appropriate, discuss contingency fee options in compliance with Florida law and court rules.

While not every matter qualifies, our goal is to ensure that valid claims are not abandoned due to financial constraints. If you’re facing a serious probate dispute, don’t hesitate to contact a Florida Probate Attorney who can review your situation and advise you on all possible legal fee arrangements.

Can a Lawyer Also Serve as the Personal Representative?

Yes, but with strict limits. A Florida Probate Attorney or a related party named in a will they drafted must provide the testator with specific disclosures and obtain a signed acknowledgment. Without this, they are not entitled to receive compensation as personal representative.

This rule prevents potential conflicts of interest and ensures the testator understands:

Who can serve as a personal representative
That compensation is allowed
That it is separate from attorney fees

What Factors Influence the Cost of Probate in Florida?

Understanding the cost of probate in Florida requires more than looking at a price list or fee schedule. Every estate is different, and many factors influence how much time, effort, and expense will be required to complete the administration process. Whether you’re planning ahead or managing a loved one’s estate, it’s important to recognize what variables impact Florida probate fees and overall legal costs.

Here are the most significant factors that determine how much probate costs in Florida:

Size and Value of the Estate

Larger estates typically involve more work, higher risk, and more time-consuming processes. Assets must be identified, valued, safeguarded, and distributed. If the estate includes investment portfolios, multiple bank accounts, or substantial real estate holdings, the personal representative and Florida Probate Attorney may need to dedicate significant hours to gather and manage this property. Florida Statutes §§ 733.617 and 733.6171 base statutory fees on the compensable value of the estate, meaning the higher the value, the higher the presumed compensation.

Whether There’s a Valid Will

If the decedent left a clear, valid will, administration is often smoother and less expensive. But when there is no will—or when the will is outdated, lost, or ambiguous—the probate court must follow intestacy laws, and disputes among family members may arise. These uncertainties can significantly increase the probate cost in Florida, especially if legal proceedings are required to determine heirs or resolve challenges.

Number of Heirs or Beneficiaries

The more people entitled to receive from the estate, the more communication, documentation, and coordination are required. Each beneficiary must receive notice, may request information, and could potentially file objections. Disputes or misunderstandings between heirs often require legal intervention, driving up the Florida probate fees due to additional attorney time, court filings, or mediation.

Whether the Estate Includes Real Property

Real estate can complicate probate significantly. Properties must be appraised, secured, maintained, and eventually sold or transferred. Title issues, mortgage payoffs, property tax liabilities, and coordination with realtors or closing agents all introduce potential complications. Real estate located in another state may also require ancillary probate, adding to the expense. These factors are central in determining how much probate costs in Florida.

Whether Probate Litigation Is Involved

Litigation is the single biggest factor that increases the cost of probate in Florida. Common litigation issues include will contests, disputes over the appointment or conduct of the personal representative, elective share claims, and arguments over specific bequests. Litigation requires extensive attorney involvement, court appearances, and often third-party experts—making costs unpredictable and potentially substantial. In these situations, who pays probate attorney fees in Florida can shift depending on the nature of the dispute and court rulings.

Whether the Estate Is Taxable Under Federal Law

While Florida does not impose a state estate tax, larger estates may be subject to federal estate tax. If the gross estate exceeds the federal exemption (currently in the millions), the personal representative must coordinate with CPAs or tax attorneys to file Form 706 and possibly pay federal estate taxes. The complexity of this tax work adds another layer of legal fees and out-of-pocket expenses.

In short, the more complex or contested the estate, the higher the probate cost in Florida. While some costs—such as statutory attorney and personal representative fees—can be estimated in advance, many variables only become clear during the administration process. Consulting a knowledgeable Florida Probate Attorney early on can help you understand potential costs and develop a strategy to manage them. If you’re unsure how much probate will cost or what to expect, we can help you assess your case and prepare for what lies ahead.

How to Keep Probate Costs Down

The cost of probate in Florida can vary widely depending on the nature of the estate and the challenges involved in administering it. However, with careful planning and a proactive approach, many families can significantly reduce the time and expense associated with probate. Whether you’re creating an estate plan or acting as a personal representative, there are strategic steps you can take to limit exposure to excessive Florida probate fees and ensure a smoother transition of assets to heirs.

Use a Revocable Living Trust

The most effective way to reduce or even eliminate probate cost in Florida is to avoid probate altogether. A revocable living trust allows you to transfer your assets during your lifetime into a trust that you control. Upon death, your successor trustee manages and distributes the trust assets according to your instructions—without the need for court involvement.

Unlike a will, which must be validated through probate, a trust operates privately and can be administered much faster. This means your family avoids the delays, court filing fees, and attorney expenses that typically come with formal probate administration.

Designate Pay-on-Death Beneficiaries

Another powerful tool for avoiding probate is using pay-on-death (POD) or transfer-on-death (TOD) designations on bank accounts, investment accounts, and certain types of property. These designations allow the assets to transfer automatically to your named beneficiary upon death, bypassing the probate process entirely.

By doing this, you can reduce the number of assets subject to probate, lowering both the workload and the Florida probate fees involved in settling the estate.

Keep Accurate Asset Records

One of the hidden drivers of increased probate cost in Florida is poor or incomplete recordkeeping. If your personal representative or attorney has to hunt down assets, determine ownership, or resolve discrepancies, it results in more legal time—and more expense. Keeping an updated inventory of your property, account information, and beneficiary designations can save thousands in unnecessary professional fees.

Choose the Right Florida Probate Attorney

Perhaps the most important step you can take to control costs is hiring the right Florida Probate Attorney. An experienced attorney knows how to streamline the process, avoid common pitfalls, and reduce costly delays. They can also advise you on whether your estate qualifies for summary administration, which is faster and less expensive than formal administration.

When you’re evaluating how much probate costs in Florida, the choice of attorney is not just about hourly rates—it’s about efficiency, communication, and practical legal judgment. Choosing an experienced probate lawyer can ultimately save you more than cutting corners with a low-cost generalist.

Keeping Costs Down When Probate Is Needed

Even when probate is unavoidable, it’s still possible to reduce costs significantly—especially when everyone involved is cooperative and committed to moving the process forward. One of the biggest ways to save money is by having all heirs and beneficiaries work together and avoid conflict.

When a probate case is uncontested, and every interested party is aligned, attorneys can often offer flat fee arrangements rather than hourly billing. This provides predictability and transparency in legal costs and allows the family to budget effectively.

At our firm, we have always believed that families going through loss should not be burdened with financial uncertainty. That’s why we routinely offer flat fee options for uncontested probate cases. Our goal is to keep Florida probate fees manageable while still delivering high-quality legal services. We understand that probate is not just a legal process—it’s an emotional one—and our job is to make it as efficient, respectful, and cost-conscious as possible.

Keeping probate cost in Florida under control requires a combination of thoughtful planning, practical steps, and the right legal team. Whether you’re preparing an estate plan or facing probate after the death of a loved one, we’re here to help you minimize costs and reduce stress. Schedule a consultation with a knowledgeable Florida Probate Attorney today and take control of the process.

Conclusion: Transparency and Planning Are Key

The cost of probate in Florida can vary widely, but with the right information and legal support, families can navigate the process efficiently. Whether you’re serving as a personal representative or preparing your own estate plan, it’s important to understand who pays probate attorney fees in Florida, how those fees are calculated, and when additional costs may apply.

If you’re managing an estate or planning ahead, consult with a knowledgeable Florida Probate Attorney to ensure you’re making informed, strategic decisions. Don’t let legal confusion drain your estate—understand the system and plan accordingly.

Contact a Florida Probate Attorney Today

If you’re facing probate after the loss of a loved one or planning ahead to protect your estate, understanding the full picture—including the cost of probate in Florida—is essential. At our firm, we guide families through the complexities of probate, from filing initial documents to final distribution. Whether you’re unsure how much probate costs in Florida or have questions about who pays probate attorney fees in Florida, we’re here to provide clarity.

Every estate is different, and the probate cost in Florida can vary depending on the size of the estate, the number of heirs, and whether litigation is involved. We break down the numbers, help you understand the applicable Florida probate fees, and offer personalized legal strategies to reduce costs and avoid delays.

florida probate attorney

Our experienced Florida Probate Attorney is ready to assist you. Contact us today for a consultation and let us help you protect your loved one’s legacy while navigating the probate process with confidence and efficiency.