“How much does probate cost?” is one of the first questions Palm Beach families ask, and the honest answer is: it depends on which path the estate takes. Rather than quote a single number, it helps to compare the main fee categories and how they differ between Florida’s two administration types. (Florida has no state estate or inheritance tax, so none of these costs are a death tax; they are court and professional fees.)
Court Filing Costs
The Clerk of the Circuit Court in Palm Beach County charges a filing fee to open a probate matter, with separate, smaller charges for items like certified copies of letters of administration and recording certain documents. These court costs are set by the clerk and the same regardless of who your attorney is. They are typically the smallest piece of the overall picture.
Attorney Fees: The Statutory Framework
Florida law is unusually specific about attorney fees in formal administration. Section 733.6171 sets out fees that are presumed reasonable based on the value of the estate (the compensable value), using a sliding percentage scale that decreases as the estate grows. Importantly, this is a default, not a mandate. An attorney and personal representative may agree to a different arrangement, such as an hourly or flat fee, and many do, especially for straightforward estates. Always ask how your fee is calculated before engaging counsel.
Personal Representative Compensation
The personal representative is also entitled to reasonable compensation under Section 733.617, following a similar statutory percentage schedule. In many Palm Beach families, the personal representative is an adult child or spouse who chooses to waive this fee. That is a personal decision, and waiving it can leave more for the beneficiaries.
Other Costs That May Appear
- Appraisals for real estate, jewelry, or art, which are common given Palm Beach property values
- Accounting fees, especially if a final estate tax return or fiduciary income tax return is required
- Publication costs for the Notice to Creditors in a local newspaper
- Bond premiums, if the court requires the personal representative to post a bond
Summary vs. Formal: The Cost Comparison
This is where the choice really matters. Summary administration under Chapter 735 involves far less work, so it generally costs much less than formal administration. There is no ongoing personal representative, fewer filings, and a shorter timeline. Formal administration, by contrast, carries the statutory fee structure, publication, and months of oversight. A small Palm Beach estate that qualifies for summary administration may resolve for a fraction of what a full formal case would cost.
How to Keep Costs Down
The biggest lever is planning before death. Assets that pass through a revocable trust, beneficiary designations, or a Lady Bird deed avoid probate entirely, sidestepping these fees. For estates already in probate, asking your attorney for a written fee agreement and confirming whether the estate qualifies for summary administration are the two most effective steps.
Talk to a Florida Attorney
Because Florida fee rules are statutory but also negotiable, a licensed Florida attorney serving Palm Beach can give you a realistic estimate once they see the assets involved. This article is general information, not legal advice, and specific fees vary by case.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .