How to Prepare for Your First Meeting with a Florida Probate Attorney

The single most expensive thing you can do at your first Florida probate attorney meeting is show up unprepared. Florida probate attorneys charge between $150 and $400 per hour. If you walk in without the estate organized, without knowing which probate track applies, and without understanding the statutory fee schedule, you will spend billable hours on administrative triage that you could have handled yourself — and you will accept a fee arrangement without the information to negotiate.

Here is exactly what to prepare, what to bring, and what to ask.

Before the Meeting: Organize the Estate

Your attorney's job is legal representation — filing petitions, appearing in court, navigating creditor claims. Your job is administrative preparation — gathering documents, cataloging assets, and identifying potential complications. The more of this you complete before the first meeting, the fewer billable hours you consume and the faster the case moves.

Documents to Gather

Bring originals or copies of:

• The will (if one exists) — the original must be deposited with the court within 10 days of death under Florida Statute 732.901
• Death certificates — order at least 10 certified copies; banks, insurance companies, and title companies each require their own
• Real estate deeds — especially if the deceased owned Florida homestead property (this triggers the homestead determination process)
• Bank and brokerage account statements — the most recent statement for every account in the decedent's name
• Life insurance policies — note which have named beneficiaries (these bypass probate) and which name the estate
• Vehicle titles — Florida requires probate court involvement for title transfers on vehicles titled solely in the decedent's name
• Retirement account statements — 401(k), IRA, pension, annuity. Check beneficiary designations.
• Debt documentation — mortgage statements, credit card balances, medical bills, any outstanding loans
• Tax returns — the decedent's most recent federal and state returns

Determine the Estate's Approximate Value

Before your attorney can advise on which probate track to use, they need to know the estate's value. Separate the assets into two categories:

1. Probate assets: anything titled solely in the decedent's name without a beneficiary designation, payable-on-death designation, or transfer-on-death designation
2. Non-probate assets: joint accounts with right of survivorship, life insurance with named beneficiaries, retirement accounts with named beneficiaries, trust assets

Only probate assets count toward the thresholds for Summary Administration ($75,000 in non-exempt assets, or the new $150,000 threshold under HB 1337 effective July 1, 2026) and Disposition Without Administration.

Identify the Probate Track

Florida offers three tracks. Knowing which one applies before the meeting saves time and prevents being steered into a more expensive track than necessary:

If your estate qualifies for Summary Administration but the attorney recommends Formal Administration without a clear reason, ask why. Some attorneys default to Formal Administration because the higher fee structure benefits them.

What to Ask at the Meeting

Fee Structure Questions

These are the most important questions you will ask, and the ones most executors skip:

1. "Do you charge the statutory percentage, a flat fee, or hourly?" Florida Statute 733.6171 sets presumptive attorney fees as a percentage of the estate's compensable value. For a $500,000 estate, the statutory fee is $14,000. Many attorneys accept this as a baseline — but it is a presumption, not a mandate. You can negotiate.

2. "What is included in your flat-fee quote?" If they offer a flat fee, clarify whether it covers court appearances, creditor negotiations, real estate transfer, and the final accounting — or just the initial petition.

3. "What tasks can I handle to reduce the bill?" Organizing the inventory, gathering death certificates, notifying creditors by mail, and preparing the asset spreadsheet are administrative tasks that do not require a law license. Every hour you save is $150–$400 not billed.

4. "Do you charge separately for the personal representative's fee?" Florida law allows both an attorney fee and a personal representative fee. Some executors waive their own fee to preserve estate value for beneficiaries. Understand the distinction.

Process Questions

5. "Which probate track do you recommend for this estate, and why?" Cross-reference their answer with your own research. If they recommend Formal Administration for an estate under the Summary threshold, you need to understand the specific reason.

6. "What are the critical deadlines I need to know?" The 10-day will deposit, 60-day inventory, 90-day creditor notice period, and the 2-year absolute statute of repose are non-negotiable. The March 1 Save Our Homes portability deadline for homestead property is frequently missed.

7. "Does this county have any specific filing requirements?" If the estate is in Broward, Miami-Dade, Orange, or Palm Beach, county-specific procedures apply. Your attorney should know them. If they hesitate, that is worth noting.

Homestead Questions (If Applicable)

8. "Does the property qualify for homestead protection?" Florida's homestead exemption is among the most protective in the country — but it creates complex descent and distribution rules that override the will in some cases.

9. "What do I need to do about the Save Our Homes cap?" If the surviving spouse or heir wants to keep the property tax cap, the portability filing (Forms DR-501 and DR-501T) must be submitted by March 1 of the year following the change in ownership. Missing this deadline means reassessment at current market value.

The Meeting Itself

Bring a notebook and write down the attorney's answers. Record the quoted fee, the estimated timeline, and any tasks they assign to you. After the meeting, compare their quote against the statutory fee schedule.

If you consult with more than one attorney — which is strongly recommended — you now have a standardized set of questions that produces directly comparable answers.

Who This Is For

• Named executors meeting with a Florida probate attorney for the first time
• Surviving spouses who want to understand their rights (elective share, exempt property, homestead) before signing a retainer
• Out-of-state adult children who are selecting a Florida attorney without a local referral network
• Anyone who wants to minimize billable hours by arriving organized

Who This Is NOT For

• Executors who already have an attorney and are satisfied with the fee arrangement
• Legal professionals who know Florida probate procedure
• Estates where no attorney is needed (sole-interested-party exception to Rule 5.030)

The Preparation Gap

Most executors walk into their first attorney meeting with a stack of papers and no framework. They spend the first hour — $150–$400 — on administrative triage that they could have done at home. They accept a percentage-based fee because they do not know the statutory schedule. They miss the homestead portability deadline because no one mentioned it until February.

The Florida Probate Process Guide exists to close that gap. It includes the document tracker, fee calculator worksheet, deadline timeline, and county-specific filing notes that let you walk into the meeting as an organized, informed client — not a confused one paying premium rates for basic orientation.

Frequently Asked Questions

How long should the first probate attorney meeting take?

If you arrive prepared with the estate documents organized and your questions written out, the initial consultation typically takes 30–60 minutes. If you arrive unprepared, expect the attorney to spend significant billable time organizing the information for you.

Should I meet with more than one attorney?

Yes. Consult with at least two or three attorneys. Ask each one the same fee structure and process questions. You will quickly see the range of quotes and approaches. This is especially important for out-of-state executors who lack local referral networks.

Can I negotiate the attorney's fee?

Yes. The statutory fee under Florida Statute 733.6171 is a rebuttable presumption, not a fixed requirement. Many attorneys will agree to a flat fee, especially for straightforward Summary Administration cases. Coming to the meeting with a fee calculator showing the statutory amount gives you a concrete starting point for negotiation.

What if the attorney recommends a more expensive probate track than I expected?

Ask them to explain specifically why Formal Administration is necessary if the estate appears to qualify for Summary Administration. There are legitimate reasons — outstanding creditor disputes, contested wills, missing heirs — but "that's how we do it" is not one of them.

Do I need to bring the original will to the first meeting?

If you have the original, bring it. However, the original must be deposited with the clerk of court in the county where the decedent was domiciled within 10 days of death. If the 10-day deadline is approaching, deposit it with the court first and bring a copy to the attorney meeting. Do not let the consultation delay the statutory filing requirement.

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