How Much Does Probate Cost in Florida?

One of the first questions families ask after a loved one dies is, “How much is probate going to cost?”

There is no single fixed price for probate in Florida. The total cost depends on the type of probate proceeding, the value and nature of the assets, whether the estate has creditors, whether real estate must be sold, whether beneficiaries cooperate, and whether litigation or unusual tax work is required.

For a straightforward estate, the principal expenses usually include attorney’s fees, court filing fees, publication charges, and administrative expenses. A more complicated or contested estate can cost substantially more.

What Expenses Are Included in the Cost of Probate?

Florida probate expenses generally fall into several categories:

• Attorney’s fees;

• Court filing and recording fees;

• Personal representative compensation;

• Notice-to-creditor publication costs;

• Certified copies and service expenses;

• Appraisal and valuation fees;

• Accounting and tax-preparation fees;

• Bond premiums, when a bond is required;

• Real estate maintenance and sale expenses; and

• Litigation expenses when disputes arise.

The decedent’s debts, mortgages, taxes, funeral expenses, and other obligations may also reduce what beneficiaries receive, but those obligations are not all “probate fees.” They are debts or expenses that must be addressed during the estate administration.

How Much Are Florida Probate Court Filing Fees?

Florida law establishes maximum filing fees for probate proceedings. The statutory base fees include:

• Formal administration: $395, plus a $4 statutory service charge;

• Summary administration for an estate valued at $1,000 or more: $340, plus the service charge;

• Summary administration for an estate valued below $1,000: $230, plus the service charge; and

• Disposition of personal property without administration: $230.

Individual clerks may display slightly different totals based on applicable statutory charges. For example, the Lee County Clerk currently lists:

• Formal administration: $400;

• Summary administration of $1,000 or more: $345;

• Summary administration below $1,000: $235; and

• Disposition without administration: $231.

These are only the initial court filing fees. Certified Letters of Administration, certified orders, recording charges, copies, and later filings may create additional costs.

How Much Are Attorney’s Fees for Florida Probate?

Attorney’s fees are often the largest probate expense, particularly in formal administration.

Florida does not impose a mandatory attorney’s fee based on the estate’s value. The attorney and personal representative may agree to a flat fee, hourly fee, percentage-based fee, or another reasonable arrangement.

Florida law expressly requires an attorney who intends to charge according to the statutory schedule to disclose that:

• There is no mandatory statutory attorney’s fee;

• The fee does not have to be based on the size of the estate;

• The statutory amount may not be appropriate in every case; and

• The fee is negotiable.

Florida’s Presumed Reasonable Attorney-Fee Schedule

Although the statutory schedule is not mandatory, Florida Statutes section 733.6171 identifies certain amounts that are presumed reasonable for an attorney’s ordinary services in a formal administration.

The schedule provides:

• $1,500 for estates valued at $40,000 or less;

• An additional $750 for value above $40,000 through $70,000;

• An additional $750 for value above $70,000 through $100,000;

• 3% of the value above $100,000 through $1 million;

• 2.5% of the value above $1 million through $3 million;

• 2% of the value above $3 million through $5 million;

• 1.5% of the value above $5 million through $10 million; and

• 1% of the value above $10 million.

Using that schedule, the presumed fee for ordinary services would be approximately:

Compensable probate estate	Presumed attorney’s fee
$40,000	$1,500
$70,000	$2,250
$100,000	$3,000
$250,000	$7,500
$500,000	$15,000
$1 million	$30,000
$2 million	$55,000

These amounts are examples of the statutory calculation—not quotations for a particular estate.

The calculation is based on the estate’s compensable value, generally consisting of the inventory value of probate estate assets and income earned during administration. It is not necessarily based on everything the decedent owned. Assets passing directly to a joint owner or designated beneficiary may not be part of the probate estate.

What Does the Ordinary Attorney’s Fee Cover?

Ordinary probate services generally include the routine legal work necessary to open, administer, and close an uncontested estate, such as:

• Reviewing the will and estate-planning documents;

• Preparing and filing the probate petition;

• Obtaining Letters of Administration;

• Advising the personal representative;

• Preparing required notices;

• Addressing routine creditor claims;

• Reviewing the inventory and accounting;

• Preparing documents for distribution; and

• Petitioning to close the estate and discharge the personal representative.

The exact scope should be explained in the attorney’s engagement agreement.

What Are Extraordinary Attorney’s Fees?

Some legal work falls outside the ordinary administration fee and may result in additional compensation.

Florida law identifies several examples of extraordinary services, including:

• Will contests and beneficiary disputes;

• Contested creditor claims;

• Elective-share proceedings;

• Estate, fiduciary, and income-tax matters;

• The sale or encumbrance of real estate;

• Homestead proceedings;

• Operating or selling the decedent’s business;

• Ancillary probate in another jurisdiction;

• Disputes over fiduciary or attorney compensation; and

• Litigation by or against the estate.

Effective July 1, 2026, Florida law also expressly recognizes legal work in a proceeding to enforce a personal representative’s statutory authority as a potential extraordinary service.

“Extraordinary” does not necessarily mean unusual misconduct occurred. It is a statutory term for legal services that go beyond the routine work required in a typical uncontested administration.

Does the Personal Representative Receive a Fee?

The personal representative may receive compensation separately from the attorney.

For ordinary services in a formal administration, Florida law presumes the following commissions to be reasonable:

• 3% of the first $1 million;

• 2.5% of the amount above $1 million through $5 million;

• 2% of the amount above $5 million through $10 million; and

• 1.5% of the amount above $10 million.

For example, the presumed personal representative commission on a $500,000 compensable estate would be $15,000.

The personal representative may waive all or part of the compensation. The will may also establish a different compensation arrangement, and the court may increase or decrease compensation when the circumstances warrant.

When multiple personal representatives are appointed, the compensation rules can become more complicated. In an estate valued at $100,000 or more, Florida law may permit two personal representatives to each receive the full commission ordinarily payable to one personal representative.

Families should discuss compensation at the beginning of the administration rather than waiting until the estate is ready to close.

Is Summary Administration Less Expensive?

Summary administration is generally a more streamlined proceeding because no personal representative is appointed and fewer ongoing filings may be required.

As of July 1, 2026, an estate may qualify for Florida summary administration when:

• The value of the estate subject to administration in Florida, after subtracting property exempt from creditor claims, is $150,000 or less; or

• The decedent has been dead for more than two years.

The monetary threshold increased from $75,000 to $150,000 under the 2026 probate legislation.

Summary administration may therefore reduce legal fees and administrative expenses in the right case. However, it is not automatically the least expensive choice.

Formal administration may still be necessary or more practical when the estate needs someone with Letters of Administration to:

• Collect accounts;

• Sell or manage property;

• Sign contracts or deeds;

• Investigate missing assets;

• Operate a business;

• Resolve significant creditor issues; or

• Pursue claims belonging to the estate.

Choosing an unsuitable procedure simply because its initial filing fee is lower can create delays and additional legal work later.

Is an Attorney Required for Florida Probate?

In a formal administration, the personal representative generally must be represented by a Florida attorney unless the personal representative is the estate’s sole interested person. A personal representative who is also a Florida attorney may represent himself or herself.

The need for an attorney in a summary administration depends on the circumstances, the petitioner, the estate assets, and local court requirements. Even when self-representation may be legally possible, probate documents must still satisfy Florida law and the Florida Probate Rules.

Errors involving creditor notice, homestead, beneficiaries, or asset distribution may be expensive to correct.

What Other Costs Can Arise?

Notice to Creditors

A formal administration generally requires publication of a notice to creditors. Creditor claims are ordinarily subject to a deadline of three months after the first publication or, for creditors entitled to direct service, 30 days after service if that date is later.

The publication charge depends on the newspaper and county.

Appraisals

An appraisal or other valuation may be needed for:

• Real estate;

• Closely held businesses;

• Valuable personal property;

• Vehicles, boats, or collectibles; and

• Assets with uncertain date-of-death values.

Tax and Accounting Services

The estate may need a final individual income-tax return, a fiduciary income-tax return, federal estate-tax work, or professional accountings. Tax return preparation and advanced post-death tax planning may be treated as extraordinary legal services when performed or reviewed by the probate attorney.

Personal Representative’s Bond

The court may require the personal representative to obtain a fiduciary bond. The premium depends on the bond amount, estate value, personal representative’s financial qualifications, and underwriting requirements.

Real Estate Expenses

When probate property includes a home or other real estate, the estate may incur expenses for:

• Insurance;

• Repairs and maintenance;

• Utilities;

• Property taxes;

• Appraisals;

• Realtor commissions;

• Title and closing services; and

• Homestead proceedings.

Litigation

A will contest, dispute among beneficiaries, challenged creditor claim, surcharge action, or contested homestead issue can significantly increase probate costs. Litigation fees are ordinarily separate from the cost of routine administration.

Who Pays the Probate Costs?

Attorney’s fees, personal representative compensation, court costs, and other administration expenses are generally payable from estate assets. Florida places costs and expenses of administration, including compensation of the personal representative and the personal representative’s attorney, in the first class of payment priority.

However, the family or nominated personal representative may need to advance the initial filing fee, publication charge, or retainer before the estate gains access to funds. Whether an advance will be reimbursed should be documented carefully.

Beneficiaries ordinarily bear probate expenses indirectly because administration costs reduce the property remaining for distribution.

What Makes Florida Probate More Expensive?

The factors most likely to increase the cost include:

• A contested will;

• Disagreement among beneficiaries;

• Missing or outdated estate-planning documents;

• A lost original will;

• Multiple parcels of real estate;

• Property in more than one state;

• A business interest;

• Unclear ownership or beneficiary designations;

• Numerous or disputed creditor claims;

• Complicated homestead issues;

• Tax problems;

• Poor recordkeeping;

• An uncooperative personal representative or beneficiary; and

• Litigation involving assets transferred before death.

An organized, uncontested estate with clear records is usually less expensive to administer than an estate requiring investigation, repeated court intervention, or litigation.

Can Probate Costs Be Reduced?

Probate expenses can often be controlled by:

1. Determining which assets actually require probate before filing;

2. Selecting the correct administration procedure;

3. Locating the original will promptly;

4. Gathering account statements, deeds, tax returns, and creditor information;

5. Maintaining open communication among beneficiaries;

6. Avoiding premature distributions;

7. Resolving compensation arrangements in writing at the beginning; and

8. Addressing disputes before they become formal litigation.

Estate planning can also reduce future probate expenses by properly coordinating trusts, beneficiary designations, jointly owned assets, and transfer-on-death arrangements. However, probate avoidance should not be pursued without considering taxes, creditor protection, incapacity planning, and the risks of giving another person ownership or control.

The Bottom Line

The cost of Florida probate depends more on the work required than on the filing fee alone.

A simple summary administration may involve relatively limited court and attorney expenses. A formal administration may include attorney’s fees, personal representative compensation, court costs, publication, appraisals, tax work, and real estate expenses. A contested estate can cost substantially more because litigation falls outside ordinary probate services.

Before estimating the cost, an attorney must determine:

• Which assets are probate assets;

• Whether summary or formal administration is appropriate;

• Whether Florida homestead is involved;

• Whether creditors must be addressed;

• Whether a personal representative is needed; and

• Whether disputes or unusual tax issues are likely.

Speak With a Florida Probate Attorney

The Warnock Law Group assists families with Florida formal administration, summary administration, disposition without administration, ancillary probate, homestead proceedings, creditor claims, and related estate matters.

A review of the will, assets, debts, date of death, and family circumstances can provide a much more accurate estimate than the estate’s total value alone.

Contact The Warnock Law Group at 239-437-1197 to schedule an estate-planning consultation.

This article provides general information and is not legal advice. Court costs, statutes, procedural requirements, and professional fees may change. The cost and appropriate procedure depend on the facts of each estate.