How Much Does Probate Cost?

Florida Probate Fees Costs

The main cost in a Florida probate is usually the fees of lawyers.

While there are other costs such as filing, accounting, and publication expenses, the majority of probate expenses are related to the fee paid to the lawyer who represents the estate’s personal representative(s). And since, for most probate cases, Florida rules require a probate attorney, attorney fees are usually an inescapable part of the probate process.

What is considered ‘reasonable attorney fees’ in Florida?

In the setup between the lawyer and the personal representative, the attorney’s fees for Florida probate are agreed upon.

But since the amount paid to the lawyer reduces the amount that would otherwise be received by the heirs or beneficiaries, According to Florida law, Section 733.6171(3) of the Florida Statutes requires that the expenses be “reasonable.”[i]If the fees are unreasonable, the court has the power to reduce the fees for the lawyer.

Like in many fields of law, assessing attorney’s fees “reasonableness” is inherently subjective.

In a particular situation, two people may disagree on whether a fee is reasonable.

The probate judges see enough cases they know how much an estate will cost.