How Florida Probate Fees Actually Work
Unlike most states, Florida puts a number on it. For ordinary services, Fla. Stat. §733.6171(3) lists an attorney fee that is presumed reasonable, scaled to the size of the probate estate. A separate personal-representative commission follows the same idea under §733.617(2). Both are presumed reasonable (a ceiling the court will accept without question) but not mandatory: the people involved can agree to less, and a flat-fee firm usually does.
The §733.6171(3) Attorney-Fee Schedule
| Compensable value | Presumed-reasonable attorney fee |
|---|---|
| $40,000 or less | $1,500 |
| $40,000 to $70,000 | $2,250 |
| $70,000 to $100,000 | $3,000 |
| $100,000 to $1M | $3,000 + 3% over $100,000 |
| $1M to $3M | + 2.5% |
| $3M to $5M | + 2% |
| $5M to $10M | + 1.5% |
| Over $10M | + 1% |
Extraordinary services (a will contest, selling real estate, tax matters, running a business, ancillary administration) are billed in addition under §733.6171(4).
What Else Adds to the Cost
- Court filing fee: roughly $400, county-dependent.
- Newspaper publication of the notice to creditors, typically $100 to $250.
- Certified copies, bond, accountant or appraiser where required.
- Ancillary probate for out-of-state real property: a separate proceeding with its own fees.
Which Kind of Probate Applies?
Not every estate needs full formal administration:
- Disposition without administration (§735.301): tiny estates with only exempt property and final-expense reimbursement.
- Summary administration (ch. 735): estates of $75,000 or less, or when the decedent died more than 2 years ago. Faster and cheaper.
- Formal administration: everything else; a personal representative is appointed and the §733.6171 fees apply.
The calculator flags which path your numbers suggest, but the facts control, and we confirm it at a consult.
Probate is mostly avoidable, with a plan.
A lady bird deed on the homestead and a funded trust can keep your family out of this entirely. Let’s talk.
Book your free consultFrequently Asked Questions
How much does probate cost in Florida?
For a formal administration, Florida law sets a “presumed reasonable” attorney fee tied to the size of the probate estate (Fla. Stat. §733.6171), for example $3,000 on a $100,000 estate and $30,000 on a $1,000,000 estate, plus a separate personal-representative commission (§733.617), filing and publication costs, and any extraordinary fees. The calculator on this page estimates all of it. These statutory figures are a ceiling presumed reasonable, not a mandate; a flat-fee attorney often charges less.
Are Florida probate attorney fees set by law?
Fla. Stat. §733.6171(3) lists fees that are “presumed reasonable” for ordinary services, scaled to the estate’s value (3% of the value over $100,000 up to $1M, then lower percentages above that). They are presumed reasonable, not mandatory; the attorney and personal representative can agree to a different, often lower, fee. Extraordinary services (will contests, selling real estate, tax work) are billed in addition under §733.6171(4).
What estate value is used to calculate the fee?
The “compensable value”: the inventory value of the probate assets plus income earned during administration (§733.6171(3)). Only assets that pass through probate count. Assets with named beneficiaries, joint-with-survivorship accounts, a funded living trust, or a lady bird deed generally pass outside probate and are not included.
How long does probate take in Florida?
Summary administration (smaller or older estates) often closes in a few weeks to a few months. Formal administration usually runs 6 to 12 months or longer, partly because of the 3-month creditor-claim window (§733.702) that must pass before clean distribution.
Can I avoid probate costs entirely?
Often, yes, with planning done in advance. A funded revocable living trust, a lady bird deed on the homestead, and proper beneficiary/pay-on-death designations keep assets out of probate, which avoids these statutory fees. After a death, summary administration or disposition without administration may apply to smaller estates.
Does this include out-of-state property?
No. Real property in another state usually requires a separate “ancillary” probate in that state, with its own fees. Likewise, a Florida home owned by an out-of-state decedent triggers a Florida ancillary administration. We estimate those separately at a consult.
Are these the costs your firm charges?
No. These are the statutory defaults so you have an honest benchmark. Our probate fees are flat and posted, and for routine estates they are often below the §733.6171 presumed-reasonable amount. Government costs (filing, publication, certified copies) are always passed through at cost.
Common Situations
The out-of-state heir. A son in Ohio inherits his mother’s $400,000 Miami condo and a bank account. He searches “how much does probate cost in Florida,” lands here, and sees roughly $13,000 in combined statutory fees plus costs, then learns a lady bird deed would have avoided all of it. We handle the formal administration remotely and quote a flat fee below the statutory number.
The two-years-later estate. A widow never probated her husband’s estate; he died three years ago. Because it’s been more than two years, summary administration is available: weeks, not many months, and a fraction of the cost.
Sources of Law
- Fla. Stat. §733.6171: attorney fees for the personal representative (ordinary & extraordinary). flsenate.gov (retrieved 2026-06-05)
- Fla. Stat. §733.617: personal-representative commission. flsenate.gov (retrieved 2026-06-05)
- Fla. Stat. §733.702: limitations on creditor claims (the 3-month window). Ch. 735: summary administration & disposition without administration.
Updated on June 5, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. This calculator is general information based on Florida statutes, not legal advice, and produces an estimate only; your actual costs depend on the facts and the court. Statutory fees under §733.6171 are presumed reasonable, not mandatory.