Florida Probate Costs and Attorney Fees Explained: A Guide for Personal Representatives

Florida probate costs generally fall into two buckets: the attorney’s fee for handling the estate and the hard court and administration costs (filing fees, certified documents, publication, appraisals, and the like). For a formal administration, Florida law presumes an attorney’s fee is reasonable when it tracks the schedule in Florida Statute § 733.6171 — starting at $1,500 for the smallest estates and rising to 3% of value above $100,000 — but that fee is presumed, not mandatory, and is fully negotiable between you and your lawyer.

If you have been named as personal representative (Florida’s term for executor) or you are about to petition for letters of administration, the cost question is usually the first one that keeps people up at night. Below is a plain-English walk-through of what probate actually costs in Florida, where the numbers come from, and where you have room to push back.

What Determines the Cost of Probate in Florida

There is no single sticker price for probate. The total depends on three things, and they interact:

• The type of administration. Summary administration is far cheaper than formal administration. Disposition without administration is cheaper still.
• The size and complexity of the estate. A single bank account is not the same as a contested business interest, out-of-state real estate, and a creditor claim.
• Whether anyone fights. A clean, uncontested probate is a predictable expense. A will contest or a beneficiary dispute is not — litigation runs on hourly fees and can dwarf the base administration cost.

Keep that third point in mind. The fee schedule everyone quotes covers ordinary services. The moment a probate turns adversarial, you are in a different cost world entirely.

Florida Attorney Fees for Probate Under § 733.6171

Florida is one of the few states with a statute that spells out what a probate attorney’s fee is presumed to be. Under § 733.6171, compensation for ordinary services in a formal administration is presumed reasonable when it is based on the compensable value of the estate — generally the inventory value of the probate assets plus income the estate earns during administration.

The Presumed Reasonable Fee Schedule

The statutory schedule for ordinary attorney services works like a graduated tax bracket, not a flat percentage:

1. $1,500 for estates valued at $40,000 or less.
2. An additional $750 for the value above $40,000 and up to $70,000.
3. An additional $750 for the value above $70,000 and up to $100,000.
4. 3% of the value above $100,000 and up to $1 million.
5. 2.5% of the value above $1 million and up to $3 million.
6. 2% of the value above $3 million and up to $5 million.

The percentages keep stepping down for larger estates. A practical example: a $400,000 estate of ordinary assets would carry a presumed fee of roughly $3,000 (the first $100,000 in tiers) plus 3% of the remaining $300,000, or $9,000 — about $12,000 total. Notice the math is driven by gross value, not net. A $400,000 house with a $390,000 mortgage still counts as $400,000 for fee purposes, which strikes many personal representatives as unfair the first time they see it.

“Presumed Reasonable” Does Not Mean “Required”

This is the most misunderstood part of the statute, so I’ll say it plainly. The schedule sets a fee that a court will presume is reasonable — it does not lock you into that number. You and the attorney are free to negotiate a different arrangement, and many estates are better served by a flat fee or an hourly rate, especially when the assets are simple. The statute even acknowledges that the presumed fee “may not be appropriate in all estate administrations.”

If you are administering an estate that is large on paper but trivial in actual work — say, a single brokerage account with one beneficiary and no creditors — ask whether an hourly or flat engagement makes more sense than a percentage of value. A reputable Florida probate firm will have that conversation with you. For a deeper look at how the courts treat fee disputes, see our overview of Florida probate administration.

Extraordinary Services Are Billed Separately

The schedule covers ordinary services only. The statute allows additional compensation for extraordinary services — things like handling a will contest, conducting litigation against or on behalf of the estate, dealing with estate or income tax controversies, selling real property, running a decedent’s business, or managing a complex homestead determination. If your case involves any of that, expect a separate fee discussion and ask, up front, what triggers it.

Personal Representative Compensation Is a Separate Cost

People often forget that the personal representative is also entitled to a fee, set out in Florida Statute § 733.617. It uses its own graduated schedule — generally 3% on the first $1 million of the estate’s value, with lower percentages above that. If you are a family member serving as personal representative, you can waive your fee, and many do, particularly when they are also a beneficiary and would simply be moving money from one pocket to another (and creating taxable income in the process). That is a decision worth discussing with your attorney before you make it.

Court Costs and Hard Expenses in Florida Probate

Attorney and personal representative fees are the big-ticket items, but every probate carries unavoidable out-of-pocket costs. These are paid by the estate, not the personal representative personally:

• Court filing fee for opening the estate — typically in the $230–$400 range depending on the county and the type of administration.
• Certified copies of letters of administration and court orders, which banks and title companies will demand.
• Publication of the Notice to Creditors in a local newspaper, as required by § 733.2121 — usually a few hundred dollars.
• Appraisals and accountings when the estate holds real estate, business interests, or hard-to-value property.
• Bond premiums, if the will does not waive bond and the court requires the personal representative to post one.
• Postage, recording fees, and certified mail for serving notices on beneficiaries and known creditors.

For most uncontested Florida estates, these hard costs land somewhere between $1,000 and $3,000 in total, separate from any attorney fee.

How Summary Administration Cuts the Cost

Not every estate needs a full formal administration. Under Florida Statute § 735.201, an estate qualifies for summary administration when the value of the non-exempt probate assets does not exceed $75,000, or when the decedent has been dead for more than two years regardless of size. (Note: legislation raising that threshold to $150,000 is set to take effect July 1, 2026, so the qualifying line is moving.)

Summary administration is dramatically cheaper because there is no appointed personal representative managing the estate over many months, no creditor-claim period to babysit, and far less court involvement. Importantly, the § 733.6171 fee schedule does not govern summary administration — those cases are almost always handled on a flat fee, frequently in the low-to-mid four figures. Exempt assets such as protected homestead, household furnishings up to $20,000, and two qualifying vehicles do not count toward the threshold, so more estates qualify than people assume.

Who Actually Pays Probate Costs?

Probate costs are paid from the estate’s assets, before the remaining property is distributed to beneficiaries. As personal representative, you do not pay these expenses out of your own pocket and then hope to be repaid — you pay them from estate funds as a cost of administration. That said, you have a fiduciary duty to keep those costs reasonable. Overpaying for services, or running up unnecessary litigation, can expose you to objections from beneficiaries at the accounting stage.

If a will contest or estate dispute arises, the cost calculus changes entirely. Litigation fees are charged hourly and can be allocated in different ways depending on who prevails and what the court orders. When estate litigation is on the table, it pays to work with attorneys who handle it routinely — Morgan Legal’s team handles and can explain how contested matters are billed and how exposure is managed.

How to Control What You Spend on Probate

You are not powerless on cost. A few moves consistently make the biggest difference:

• Get the fee arrangement in writing. Florida law requires the attorney to disclose the basis of the fee. Insist on knowing whether you are paying the statutory percentage, a flat fee, or hourly.
• Ask whether summary administration or disposition without administration applies before defaulting to formal probate.
• Consider negotiating away from the percentage schedule when the estate is large in value but simple in work.
• Decide early whether to waive personal representative compensation, especially if you are also a beneficiary.
• Move quickly and stay organized — disorganized estates generate extraordinary-service fees that organized ones avoid.

Understanding the mechanics of the underlying helps you anticipate where the money goes and where you can trim. And if your loved one’s estate involves Florida real property or assets in this state, our Florida probate attorneys can map the likely cost before you commit to anything.

The Bottom Line for Florida Personal Representatives

Florida gives you a statutory benchmark for attorney fees, a separate schedule for your own compensation, and several lighter-weight administration options that can slash the total bill. The “presumed reasonable” percentage is a starting point for the conversation, not the end of it. Know the schedule, ask whether a flat or hourly fee fits your estate better, and confirm what counts as extraordinary work. If you want help estimating the real number for a specific estate, reach out to our South Florida probate team and we’ll walk you through it. You can also review the basics of wills and estate planning to understand how good planning lowers probate costs in the first place.

Frequently Asked Questions

How much does a probate attorney cost in Florida?

Under Florida Statute 733.6171, attorney fees for ordinary services in a formal administration are presumed reasonable when they follow a graduated schedule: $1,500 for estates up to $40,000, rising to 3% of value between $100,000 and $1 million, then lower percentages above that. These fees are presumed, not mandatory, and can be negotiated to a flat or hourly arrangement, especially for simple estates.

Are Florida probate attorney fees based on the size of the estate?

They can be, but they do not have to be. The statutory schedule is tied to the estate’s compensable value, but Florida law expressly says that fee is only presumed reasonable and may not be appropriate in every case. You are free to negotiate a flat fee or hourly rate, which often makes more sense for large but simple estates.

What is the difference in cost between summary and formal administration?

Summary administration is significantly cheaper because it skips appointing a personal representative, the creditor-claim period, and most court supervision. The statutory fee schedule does not apply, so these cases are usually handled on a flat fee in the low-to-mid four figures. Formal administration, by contrast, follows the percentage-based attorney and personal representative fee schedules plus full court costs.

Who pays the cost of probate in Florida?

Probate costs, including attorney fees, court fees, publication, and appraisals, are paid from the estate’s assets before anything is distributed to beneficiaries. The personal representative does not pay these expenses personally, but does have a fiduciary duty to keep them reasonable and may face beneficiary objections for excessive spending.

Can a personal representative get paid in a Florida probate?

Yes. Florida Statute 733.617 entitles the personal representative to compensation under its own graduated schedule, generally 3% of the first $1 million of estate value. Family members who serve, particularly those who are also beneficiaries, often waive this fee to avoid creating taxable income and simplify distribution.