Florida Probate Costs and Attorney Fees Explained (2026 Guide)

Florida probate costs are the combined expenses of administering a deceased person’s estate through the court—typically attorney fees, a personal representative’s compensation, filing and certification charges, and various third-party costs. In most formal administrations, the largest single line item is the attorney fee, which Florida law presumes “reasonable” when calculated on a sliding percentage of the estate’s value under Florida Statutes §733.6171. Understanding how those numbers are built—and where they can be negotiated—is the difference between an estate that closes cleanly and one that quietly bleeds value to fees no one questioned.

I practice probate here in Palm Beach County, and the question I hear first, almost every time, is some version of: “What is this going to cost me?” It is a fair question with an annoyingly lawyerly answer—it depends. But it depends on a fairly predictable set of factors, and once you see them laid out, the fog clears. This guide walks through what you actually pay in a Florida probate, who sets those amounts, and the situations (contested guardianships that ripen into probate, in particular) where the standard math stops applying.

What Goes Into the Cost of Probate in Florida

Probate cost is not one number. It is a stack of separate charges, and lumping them together is how people end up surprised. Broadly, a Florida estate pays four categories of expense:

• Court and filing costs — the clerk’s filing fee, recording fees, certified copies of Letters of Administration, and publication of the Notice to Creditors in a qualifying newspaper.
• Attorney’s fees — compensation for the lawyer who represents the personal representative, governed by §733.6171.
• Personal representative’s compensation — the fee the executor (Florida calls them the “personal representative”) may take for serving, governed by §733.617.
• Other administration costs — appraisals, accounting and tax preparation, bond premiums, real estate carrying costs, and fees for any specialists like a CPA or property manager.

Filing fees in Florida are modest by comparison—generally in the low hundreds of dollars to open a formal administration, plus a few dollars per certified copy. The numbers that make people wince are the attorney and personal representative fees, because Florida statutes tie both to the size of the estate rather than the hours worked.

How Florida Calculates “Reasonable” Attorney Fees

This is the heart of it. Section 733.6171 of the Florida Statutes sets a presumed-reasonable fee schedule for the attorney who represents the personal representative in a formal estate administration. The fee is layered—a percentage on each band of the “compensable value” of the estate, which is the inventory value plus income earned during administration. As of the current statute, the presumptive schedule runs roughly like this:

1. $1,500 for estates valued at $40,000 or less.
2. An additional $750 for the value between $40,000 and $70,000.
3. An additional $750 for the value between $70,000 and $100,000.
4. 3% of the value between $100,000 and $1 million.
5. 2.5% of the value between $1 million and $3 million.
6. 2% of the value between $3 million and $5 million.
7. 1.5% of the value between $5 million and $10 million.
8. 1% of the value above $10 million.

So a $600,000 estate produces a presumptive attorney fee of $3,000 (the first three brackets) plus 3% of $500,000, which is $15,000—roughly $18,000 total. That is not a quote; it is a starting presumption the statute treats as reasonable absent agreement otherwise.

Two things matter enormously here. First, the schedule is a default, not a mandate. Florida law expressly allows the attorney and the personal representative to agree to a different arrangement—an hourly rate, a flat fee, or a reduced percentage—and a written fee agreement controls. Second, “extraordinary services” carry separate, additional compensation. Contested matters are the classic example, and that is where the editorial focus of our practice—guardianship disputes that flow into probate—becomes financially relevant.

Extraordinary Fees: Where Contested Estates Get Expensive

The statutory percentage covers ordinary administration: opening the estate, marshaling assets, paying creditors, distributing, closing. It does not cover the abnormal. Will contests, litigation over a personal representative’s conduct, the sale of real property, tax controversy, and proceedings involving an adversary all qualify as extraordinary services billed on top of the base fee.

I see this most often when a contested guardianship transitions into probate. A ward dies during or shortly after a fight over who controls their care and money, and every grievance from the guardianship—allegations of undue influence, suspicious last-minute deed transfers, a will signed during a period of questioned capacity—lands squarely in the probate. Those estates do not follow the tidy percentage schedule. They generate extraordinary fees because they generate litigation, and the court reviews that compensation under the lodestar-style factors Florida courts apply, weighing time, novelty, skill required, and results obtained. If you are stepping out of a guardianship battle and into estate administration, budget for that reality early; the patterns mirror the generally, only intensified by the unresolved family conflict.

Personal Representative Compensation

The personal representative is also entitled to a fee, and Florida Statutes §733.617 sets its own presumptive percentage schedule, separate from the attorney’s. It is generally calculated as a percentage of the estate’s compensable value plus income—commonly around 3% on the first $1 million, scaling down on larger estates. A family member serving as personal representative frequently waives this fee, especially when they are also a beneficiary and would rather take their inheritance than taxable compensation. But the right exists, and a non-family professional fiduciary will almost always claim it.

When extraordinary services fall on the personal representative—managing a business, prosecuting litigation, handling a contested tax position—that person may seek additional compensation too, subject to court review for reasonableness.

Formal vs. Summary Administration: The Cost Fork

Not every Florida estate runs the full formal track. The probate code offers a streamlined path called summary administration (Florida Statutes §735.201), available when the value of the probate estate subject to administration is $75,000 or less, or when the decedent has been dead for more than two years. Summary administration skips the appointment of a personal representative and the formal creditor period, which collapses both the timeline and the cost dramatically.

• Formal administration — required for larger estates and any estate needing an empowered personal representative to act over time; full statutory fee schedule applies; typically several months to over a year.
• Summary administration — faster and far cheaper, often resolved in weeks, with attorney fees commonly quoted as a flat amount rather than a percentage.
• Disposition without administration — a narrow option for very small estates where assets were spent on final expenses; essentially a reimbursement procedure, not a true administration.

One caution from experience: families sometimes chase summary administration to save money and then discover the estate had a creditor, a contested heir, or an asset that required someone with authority to sign. When that happens, you convert to formal administration and pay for both starts. If there is any whiff of a dispute—again, the guardianship-to-probate cases are textbook—formal administration is usually the cheaper choice in the end, even though it looks more expensive on day one.

What Actually Drives Your Final Bill

Strip away the statutes and the real cost drivers are these:

1. Gross estate value — because the default schedules are percentage-based, a larger estate mechanically costs more, even if the work is identical.
2. Conflict — a contested will or a fight over the personal representative is the single biggest multiplier, converting a flat administration into open-ended litigation.
3. Asset complexity — out-of-state real property, closely held businesses, and illiquid holdings all add appraisal and legal work.
4. Creditor and tax issues — Medicaid recovery, federal estate tax (only the largest estates), and contested claims each add cost.
5. Fee structure you negotiate — the one driver you actually control. A written hourly or flat-fee agreement can sit well below the statutory percentage on a high-value but simple estate.

That last point is underused. If your loved one held a $2 million estate consisting of one brokerage account and one house with a clean, uncontested will, paying a statutory percentage on $2 million is paying litigation prices for clerical work. A candid conversation about a flat or capped fee is entirely appropriate, and a good probate attorney will have it with you without being pushed.

When Probate Costs Signal You Need a Litigator, Not Just an Administrator

If the estate arrives carrying an unresolved guardianship fight, a will signed under questionable circumstances, or a beneficiary already threatening to contest, your cost analysis changes entirely. You are no longer pricing administration; you are pricing a potential trial. The mechanics of challenging a testamentary document—grounds, burdens, and timing—track closely with how a , and the Florida analysis under our undue-influence and capacity case law runs in parallel. The fee posture shifts toward extraordinary services and, sometimes, fee-shifting between the estate and the challenger.

This is precisely the territory where front-loading a strategy conversation saves money. Our firm and our colleagues at handle these contested transitions regularly, and the estates that fare best are the ones where someone mapped the fee exposure before the first hearing, not after the third.

Practical Steps to Keep Costs Down

• Get the fee arrangement in writing and ask specifically whether the statutory percentage or an alternative applies.
• Determine eligibility for summary administration before defaulting to formal—but be honest about hidden disputes.
• Gather a clean asset inventory early; lawyer time spent hunting for accounts is the most avoidable cost there is.
• Address creditor and tax questions up front, before they become contested claims.
• If a contest is brewing, treat it as litigation from day one and price it that way.

A well-drafted estate plan is the cheapest probate insurance available; if you are reviewing your own planning, our overview of Florida wills and our broader guide to the Florida probate process are good next reads. And if you are already staring down an administration, especially one shadowed by a guardianship dispute, reach out for a consultation before you sign anything.

The Bottom Line on Florida Probate Costs

Florida ties the largest probate expenses—attorney and personal representative compensation—to the size of the estate through §733.6171 and §733.617, but those schedules are presumptions you can negotiate, and they explicitly carve out extraordinary fees for contested matters. The estates that cost the most are not the largest; they are the contested ones. Knowing which category yours falls into, ideally before you file, is the single most valuable thing you can do for the people the estate is meant to protect.

Frequently Asked Questions

How much does probate cost in Florida?

Total probate cost varies with the estate’s size and complexity. The largest expense is usually the attorney fee, which Florida Statutes §733.6171 presumes reasonable on a sliding percentage—about $3,000 plus 3% of value between $100,000 and $1 million. A $600,000 estate carries a presumptive attorney fee near $18,000, plus filing costs, personal representative compensation, and any extraordinary fees for contested matters. Summary administration for estates of $75,000 or less costs far less.

Are Florida probate attorney fees set by statute?

Florida Statutes §733.6171 provides a presumed-reasonable percentage fee schedule, but it is a default, not a mandate. The attorney and personal representative can agree in writing to an hourly rate, flat fee, or reduced percentage instead. On large but simple estates, an alternative arrangement is often substantially cheaper than the statutory percentage.

What are 'extraordinary fees' in a Florida probate?

Extraordinary fees are additional charges, on top of the ordinary statutory fee, for non-routine work such as will contests, litigation over a personal representative’s conduct, sale of real estate, and tax controversies. Contested estates—including guardianship disputes that carry into probate—commonly generate extraordinary fees, which the court reviews for reasonableness based on time, skill, and results.

Can I avoid full probate costs with summary administration?

Yes, if you qualify. Florida Statutes §735.201 allows summary administration when the probate estate is $75,000 or less, or when the decedent has been dead more than two years. It skips appointing a personal representative and the formal creditor period, cutting both time and cost. But if a dispute or unexpected creditor surfaces, you may have to convert to formal administration and pay for both.

Who pays the attorney fees in a Florida probate?

Attorney fees and administration costs are generally paid from the estate’s assets, not out of the personal representative’s pocket, before distributions to beneficiaries. In contested litigation, Florida courts can sometimes shift fees between the estate and a party depending on the conduct and outcome of the dispute.