Probate Costs in Florida

Florida ties both attorney fees and personal representative compensation to the size of the estate through a “presumed reasonable” fee schedule — not a strict mandate like California’s, but one that functions similarly in practice for most straightforward estates.

How Much Does Probate Cost in Florida?

Florida Statute §733.6171 sets out fees presumed reasonable for an attorney’s ordinary services in a formal administration: $1,500 for estates of $40,000 or less, an additional $750 for the portion between $40,000 and $70,000, another $750 for the portion between $70,000 and $100,000, then 3% of the value between $100,000 and $1 million, 2.5% between $1 million and $3 million, and 2% between $3 million and $5 million. These are presumptions, not hard mandates — the statute explicitly allows fees to be negotiated and requires written disclosure to the personal representative when an attorney intends to bill according to the schedule.

Separately, Florida Statute §733.617 presumes a personal representative commission of 3% of the estate’s compensable value for the first $1 million, 2.5% for the next portion up to $5 million, and lower rates above that.

Estate Value	Presumed Reasonable Attorney Fee	Presumed Reasonable PR Commission	Combined
$300,000	$3,000 + 3% × $200,000 = $9,000	3% × $300,000 = $9,000	$18,000
$500,000	$3,000 + 3% × $400,000 = $15,000	3% × $500,000 = $15,000	$30,000
$1,000,000	$3,000 + 3% × $900,000 = $30,000	3% × $1,000,000 = $30,000	$60,000

Math basis: the flat $3,000 applies once the estate exceeds $100,000 ($1,500 + $750 + $750), then 3% applies to the value above $100,000 up to $1 million. These are presumed-reasonable starting points for negotiation, not fixed costs — many Florida probate attorneys, especially on simple estates, charge flat fees below the schedule, and personal representatives who are also beneficiaries frequently waive their commission since it’s taxable income.

Florida’s Fee System

Florida’s approach sits between California’s rigid mandate and Texas’s open market. The percentages in §733.6171 and §733.617 create a presumption of reasonableness that both attorneys and courts commonly use as a starting point, but the law doesn’t forbid charging less, and courts can award more for extraordinary services like litigation, tax return preparation, or selling real property.

Court and Filing Fees

Florida’s court filing fees are set by statute under §28.2401 and administered by county clerks. Formal administration generally runs around $400 to open a case (commonly cited as roughly $395 plus a small supplemental fee), while summary administration filing runs lower, commonly in the $235-$345 range depending on estate value and county. Confirm the exact current figures with the clerk of court in the county where the estate is being administered, since amounts and add-on fees vary somewhat by county (see, for example, Palm Beach County Clerk fee schedules).

How Long Probate Takes in Florida

Formal administration in Florida typically takes 6 to 12 months from filing to final distribution, with straightforward, uncontested estates often landing in the 8-12 month range. The primary driver of that timeline is the mandatory three-month creditor claim period that follows publication of the Notice to Creditors, required under Florida Statute §733.702 — no court can waive or shorten it. Estates with disputes, multiple properties, business interests, or estate tax filings can extend well beyond a year.

Small Estate Shortcuts

Florida significantly expanded its small estate relief effective July 1, 2026 through CS/HB 1337: the summary administration threshold under Florida Statute §735.201 doubled from $75,000 to $150,000 in non-exempt assets. Estates also qualify for summary administration regardless of value if the decedent has been dead for more than two years. Homestead property is excluded from the calculation either way. This new $150,000 threshold applies only to decedents who die on or after July 1, 2026; estates of those who died earlier are still governed by the $75,000 limit that applied at the time of death.

Summary administration skips the appointment of a personal representative and the lengthy creditor process, and it can typically be completed in weeks to a few months rather than the 6-12 months formal administration requires.

How to Reduce or Avoid Probate in Florida

Florida notably does not allow a statutory transfer-on-death deed for real estate the way California and Texas do. Instead, Floridians commonly use:

• Revocable living trust: Assets titled in trust avoid both formal administration and its associated presumed-reasonable fees entirely.
• Lady Bird (enhanced life estate) deed: Since Florida has no TOD deed statute, this is the primary non-trust tool for passing real property outside probate. The owner keeps full control — including the right to sell, mortgage, or revoke — while the property passes automatically to named beneficiaries at death, and it also preserves homestead property tax protections.
• Beneficiary designations: Retirement accounts, life insurance, and payable-on-death accounts transfer directly to named beneficiaries outside probate.

For formal administration, note that Florida Probate Rule 5.030 requires a non-attorney personal representative to be represented by a Florida-licensed attorney unless they’re the sole interested party in the estate — so budgeting for legal fees is generally unavoidable for anything beyond a summary administration.

Organized records also matter for cost control here: since Florida’s presumed fees still involve real attorney work to administer the estate, having deeds, account statements, and digital access consolidated ahead of time — as with Eternal Vault’s document organization — can reduce the time (and negotiated fee) an attorney needs. For a broader state-by-state comparison, see the complete probate guide.

Costs vary by county and case; this is general information, not legal advice. Consult a licensed Florida probate attorney for guidance on your specific situation.