Florida Probate Attorney Fees and Cost of Probate: What to Expect

Florida probate is expensive by design. A $300,000 estate — not large by South Florida real estate standards — can owe more than $9,000 in statutory attorney fees before the first hearing is scheduled. That same estate owes the personal representative a separate fee of the same amount. Understanding how these fees are calculated, what they cover, and where they can be reduced is essential before opening a formal probate proceeding.

The Florida Statutory Fee Schedule

Florida Statute 733.6171 sets out the presumptively reasonable fees for attorneys representing the estate in formal administration. These fees are calculated as a percentage of the gross inventory value of the probate estate — not the net value after debts, and not a flat rate for time spent.

Running through examples makes this concrete. A $100,000 estate owes $3,000 in presumptively reasonable attorney fees. A $300,000 estate owes $3,000 plus 3% of $200,000 — totaling $9,000. A $500,000 estate: $3,000 plus 3% of $400,000 equals $15,000.

The personal representative is entitled to the same fee, separately. Florida Statute 733.617 establishes a parallel compensation schedule for the personal representative that mirrors the attorney fee schedule. On a $300,000 estate, the personal representative can claim $9,000 in compensation on top of the $9,000 attorney fee — $18,000 total in fiduciary compensation from a $300,000 estate before any distributions to beneficiaries.

When the personal representative is also an estate beneficiary, they sometimes waive their fee (particularly if it would generate taxable income where the inheritance would not). But they are not required to waive it.

These fees are described as "presumptively reasonable" — meaning a court will approve them without further inquiry. Extraordinary services (litigation, selling real property, complex tax issues, business interests) can be billed separately at an additional fee, requiring court approval. The statutory fee is the floor for most contested or complex estates, not the ceiling.

Court Filing Fees by County

Probate filing fees are set at the county level and vary modestly across Florida's major counties. Formal Administration is more expensive than Summary Administration, which costs more than Disposition Without Administration.

In addition to the court filing fee, Formal Administration requires publishing a Notice to Creditors in a newspaper of general circulation in the county. This is not optional — it is required by statute to start the creditor claims window. Newspaper publication costs vary by county and publication but typically run $150 to $300 for the two required consecutive weekly insertions.

Add these together for Formal Administration in Miami-Dade: $401 filing fee plus $225 estimated newspaper publication equals roughly $626 before you have filed a single pleading or paid a cent to an attorney.

Understanding what probate will cost is the first step. The Florida Estate Settlement Guide walks through every phase of Florida estate administration — from opening probate to the final accounting — and identifies where families can reduce costs through careful process management.

Are These Fees Negotiable?

Yes, and increasingly so.

The statutory schedule represents what is "presumptively reasonable" — a court will approve these fees without question. But nothing prohibits an attorney from agreeing to work for less, and flat-fee probate arrangements have become common, particularly in markets with high concentrations of estate attorneys competing for business.

In South Florida's affluent markets — Boca Raton, Naples, Sarasota, Palm Beach — flat-fee probate has become the norm for straightforward estates. An attorney might quote a flat $4,500 to handle a $400,000 estate that would otherwise generate $12,000 in statutory fees, in exchange for streamlined communication and a clean file. Ask for a flat fee upfront. Most experienced probate attorneys know their costs well enough to quote one.

What drives the actual cost in a flat-fee arrangement is complexity, not estate value. A $400,000 estate with a clean title, two beneficiaries, and no creditor disputes is simpler to administer than a $250,000 estate with real property in two counties, a disputed debt, and three beneficiaries who are not speaking to each other. The statutory schedule does not reflect this reality; a negotiated flat fee can.

Before signing any engagement letter, ask:

• Is this a flat fee or an hourly/statutory fee?
• What specifically is included in the flat fee — inventory filing, creditor notice, final accounting?
• What triggers an additional charge? (Contested claims, real property sales, and tax disputes are common carve-outs.)
• Will you waive your personal representative fee if I am serving as both personal representative and sole beneficiary?

What You Can Do Without an Attorney

Florida Probate Rule 5.030 requires the personal representative to be represented by an attorney in Formal Administration unless the personal representative is the sole interested party. But the attorney does not need to perform every task involved in closing an estate — and reducing the work the attorney does reduces the billable hours even in a statutory-fee arrangement.

Tasks families can handle independently:

Ordering death certificates. The funeral home, county health department, or Florida Bureau of Vital Statistics handles this. No attorney involvement required. Order more copies than you think you need — typically five to ten.

Notifying government agencies. Social Security, the Veterans Administration, pension administrators, and state agencies accept direct notification from the family. The attorney does not need to make these calls.

Vehicle title transfers. Form HSMV 82152 (surviving spouse) and Form HSMV 82040 (intestate heir without probate) can be submitted directly at a Florida tax collector's office. The transfer does not require an attorney.

Homestead and property tax filings. If the surviving spouse is claiming Save Our Homes portability, Form DR-501T must be filed with the county property appraiser by March 1 following the year of death — or the assessment cap is lost and the property is reassessed at full market value. This is a form the family files directly.

Filing the Notice of Trust. If the decedent was a trustee or grantor of a revocable trust, the successor trustee files the Notice of Trust directly with the probate court. Filing fee is $40 to $42.

Closing small accounts. Many banks will release balances under a threshold amount directly to the personal representative upon presentation of Letters of Administration and a death certificate, without requiring attorney correspondence.

Each of these tasks handled independently is one less hour billed by the attorney. In a statutory fee arrangement, this may not reduce the fee directly (the statutory percentage is what it is), but in a flat-fee or hourly arrangement, it meaningfully reduces total cost.

Summary Administration as a Cost-Reducer

If the estate qualifies for Summary Administration — value subject to administration at or below $75,000 (deaths before July 1, 2026) or $150,000 (deaths on or after July 1, 2026) — the cost picture changes entirely.

Summary Administration has no personal representative. No personal representative means no statutory 3% personal representative fee. The attorney's role is narrower: preparing the petition, ensuring the notice requirements are met, and reviewing the court's Order. Many Florida probate attorneys handle straightforward Summary Administration proceedings on a flat fee of $1,500 to $2,500 — a fraction of the statutory fee that would apply in Formal Administration.

The court filing fee for Summary Administration ($345 to $346 for estates valued at $1,000 or more) is also lower than the Formal Administration filing fee.

For an estate that is on the boundary, the 2026 threshold change matters significantly. An estate valued at $120,000 in probate assets is forced into Formal Administration if the decedent died before July 1, 2026. The same estate qualifies for Summary Administration if the decedent died on or after July 1, 2026. That difference can be the gap between a $3,000 flat-fee Summary Administration and a $6,600 statutory fee Formal Administration (3% of $120,000 plus the first-$100,000 bracket).

Running the numbers before filing — not after — is what allows families to choose the right track and control costs from the start.

Florida probate costs are predictable if you know the rules. The Florida Estate Settlement Guide is a complete reference for families managing estate administration in Florida — covering attorney fees, filing fees, every form required, and the strategies that reduce total cost without cutting corners.

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