Florida Probate Costs and Attorney Fees Explained: A Practical Guide for South Florida Families

Florida probate costs fall into three buckets: attorney fees, personal representative compensation, and out-of-pocket administration costs such as filing fees, publication, appraisals, and bond premiums. For a formal administration, the law sets a presumed-reasonable attorney fee tied to the size of the estate under Florida Statute § 733.6171, and a separate presumed commission for the personal representative under § 733.617. Most uncomplicated estates run somewhere between roughly 3% and 8% of the probate assets once every line item is added up, though that figure swings widely with the estate’s value and whether anyone fights.

I have spent years walking South Florida families through this process, and the single most common question is some version of: “What is this going to cost me?” The honest answer is that it depends on a handful of variables you can actually influence. Below I break down each cost, the statutes that govern them, and where families overpay without realizing it. The numbers here are not invented hypotheticals; they track the fee schedules written into Florida law.

The Three Categories of Florida Probate Costs

Before we get to dollar figures, it helps to understand that “probate costs” is shorthand for several distinct expenses that get lumped together on a final accounting. They are paid from the estate’s assets, not out of the heirs’ own pockets, which is a relief to a lot of grieving families who assume they have to front the money personally.

• Attorney’s fees — compensation to the lawyer who represents the personal representative and shepherds the estate through court.
• Personal representative (PR) compensation — the commission the executor is legally entitled to take for administering the estate.
• Hard costs — court filing fees, certified copies, newspaper publication, appraisals, accountant fees, bond premiums, and recording fees.

Each category answers to different rules. Confusing them is how people end up surprised.

Florida Probate Attorney Fees Under § 733.6171

Florida is unusual in that the legislature actually wrote a fee schedule into statute. Section 733.6171 of the Florida Probate Code establishes that, for ordinary services in a formal estate administration, an attorney’s compensation is presumed reasonable when calculated against the “compensable value” of the estate. Compensable value means the inventory value of the probate assets plus any income those assets earn during administration. Notably, the Florida homestead is generally excluded from that calculation, which matters enormously here, where a paid-off house is often the largest asset.

The Statutory Fee Schedule

Here is the presumed-reasonable attorney fee ladder set out in § 733.6171(3):

1. $1,500 for estates valued at $40,000 or less.
2. An additional $750 for the portion above $40,000 up to $70,000.
3. An additional $750 for the portion above $70,000 up to $100,000.
4. 3% on the next $900,000 (estates above $100,000 up to $1 million).
5. 2.5% on the value above $1 million up to $3 million.
6. 2% on the value above $3 million up to $5 million.

So a $500,000 estate (excluding homestead) carries a presumed attorney fee of $3,000 for the first $100,000 plus 3% of the next $400,000, or $12,000 — for a total of $15,000. That sounds steep until you realize it covers roughly a year of court filings, deadline management, creditor handling, and accounting.

Two points families miss. First, the statute does not require a percentage fee. Subsection (3) itself says the presumed fee “may not be appropriate in all estate administrations,” and the fee is subject to negotiation between the personal representative and the attorney. A simple $800,000 estate with one bank account and two cooperative heirs does not demand the same labor as a tangled one, and a reasonable lawyer will say so. Second, “ordinary services” is the operative phrase. The percentage covers the routine work. Litigation, tax disputes, sale of real property, and will contests are extraordinary services billed separately, usually hourly.

Why Contested Matters Blow the Budget

This is where our firm spends most of its energy, and where the percentage schedule stops being a useful guide. When a guardianship slides into a probate dispute — say a ward dies and the people who fought over the guardianship now fight over the estate — the “extraordinary services” clock starts running. Removal petitions, accountings challenged for breach of fiduciary duty, and will contests under theories of undue influence or lack of capacity are litigated, not administered. A contested estate can cost several times what an uncontested one of the same value would. If you are anticipating a fight, read about so you understand what you are signing up for before the first petition is filed.

Personal Representative Compensation Under § 733.617

The executor — called a personal representative in Florida — is also entitled to be paid. Section 733.617 sets a presumed-reasonable commission, payable from estate assets without a court order, on the same compensable-value basis. The ladder is:

• 3% on the first $1 million of compensable value.
• 2.5% on the value above $1 million up to $5 million.
• 2% on the value above $5 million up to $10 million.
• 1.5% on everything above $10 million.

A PR who handles extraordinary work — selling real estate, running a business, conducting litigation — can request additional reasonable compensation under the same section. In family situations, the named PR (often a surviving spouse or adult child) frequently waives the commission to keep more value in the estate for the beneficiaries, especially when they are also a beneficiary and would otherwise pay income tax on a fee they would inherit tax-free anyway. That is a conversation worth having with your attorney before you file anything.

The Hard Costs Nobody Quotes Up Front

Beyond fees, every Florida probate carries third-party costs. These are smaller individually but add up:

• Court filing fee — roughly $400 to $450 to open a formal administration, depending on the county clerk.
• Certified copies and Letters of Administration — a few dollars each, but you will need several.
• Newspaper publication of the Notice to Creditors — typically $100 to $250.
• Appraisals for real property or unusual assets.
• Accountant fees for the estate’s final income tax return and, in larger estates, a federal estate tax return.
• Bond premium, if the will does not waive bond and the court requires one.

For a straightforward estate, plan on $1,000 to $2,500 in hard costs on top of the fees above. These are unavoidable; they are the price of using the court system.

Formal vs. Summary Administration: The Biggest Cost Lever

The single largest factor in your total bill is which type of probate you qualify for. Florida offers two main paths:

Summary administration is available when the probate estate (excluding exempt property) is worth $75,000 or less, or when the decedent has been dead for more than two years. It is faster, requires no personal representative, and costs dramatically less — often a flat attorney fee in the low four figures rather than a percentage.

Formal administration is the full process described above, required for larger or more complicated estates and any estate that needs an active personal representative to deal with creditors, sell property, or litigate. The percentage schedules in § 733.6171 and § 733.617 apply here.

A surprising number of estates that get pushed into formal administration could have qualified for summary administration with a little planning. If your loved one’s probate assets are modest because the house is homestead and the accounts were jointly held, ask specifically whether summary administration is on the table. For a broader overview of where probate fits in your planning, our Florida probate guide walks through each path, and if you want to avoid probate entirely next time, start with a properly drafted will and estate plan.

How to Keep Florida Probate Costs Down

After hundreds of estates, the patterns are clear. Costs balloon for predictable reasons, and most are avoidable:

• Negotiate the fee in writing. The statutory percentage is a presumption, not a mandate. Ask whether a flat or hourly arrangement makes sense for a simple estate.
• Keep beneficiaries informed. Most expensive litigation starts with a beneficiary who feels kept in the dark. Transparency is cheaper than a deposition.
• Get an organized inventory to the lawyer early. Time the attorney spends hunting for account statements is time you pay for.
• Resolve disputes early. A mediated agreement in month two costs a fraction of a trial in year two. The same dynamics drive cost in any jurisdiction — see this rundown of the .

When You Should Talk to a Probate Attorney

If the estate is small, debt-free, and uncontested, the cost is modest and predictable. The moment there is a contested guardianship in the background, a disinherited relative, a business to wind down, or a fiduciary whose conduct is in question, the numbers change and so does the strategy. Those are the cases we handle every day across Miami-Dade, Broward, and Palm Beach.

Our firm grew out of contested guardianship-to-probate transitions, and we coordinate with colleagues handling similar matters — including Morgan Legal’s — so families get consistent guidance whether the dispute is here or up north. If you want a clear, honest estimate for your specific situation, reach out for a consultation and we will tell you which path you qualify for and what it should actually cost.

Frequently Asked Questions

How much does a probate attorney cost in Florida?

For a formal administration, Florida Statute 733.6171 sets a presumed-reasonable fee based on the estate’s compensable value: $1,500 up to $40,000, scaling up with $750 increments to $100,000, then 3% on the next $900,000, 2.5% above $1 million, and 2% above $3 million. The percentage is a presumption, not a requirement, and can be negotiated to a flat or hourly fee for simpler estates. Extraordinary services like litigation are billed separately.

Who pays probate fees and costs in Florida?

Probate fees and costs are paid out of the estate’s assets, not from the heirs’ personal funds. Attorney fees, personal representative compensation, court filing fees, publication, and appraisals all come off the top before beneficiaries receive their distributions.

Is the Florida homestead included when calculating probate attorney fees?

Generally no. The compensable value used to calculate fees under 733.6171 is based on the inventory value of probate assets plus income earned during administration, and the protected homestead is typically excluded. Because a paid-off home is often the largest asset in South Florida, this exclusion can significantly lower the fee.

Can I avoid the percentage-based probate fee in Florida?

Often, yes. The statutory percentage is a presumption that the law itself says may not fit every estate. You can negotiate a flat or hourly fee with your attorney, and a small estate may qualify for summary administration, which is far cheaper than formal administration and usually carries a modest flat fee.

How much does a personal representative get paid in Florida?

Under Florida Statute 733.617, the personal representative is entitled to a presumed-reasonable commission of 3% on the first $1 million of compensable value, 2.5% from $1 million to $5 million, 2% from $5 million to $10 million, and 1.5% above that, plus additional reasonable compensation for extraordinary services. Family members serving as PR often waive this commission.