How Much Does Probate Cost in Florida? Attorney Fees, PR Commissions, and Court Costs Explained
When a Florida resident dies with assets in their name alone, those assets often need to pass through probate before they can reach the people who inherit them. Probate is a court-supervised process, and that process carries real costs. Florida law defines what those costs are, who pays them, and how they are calculated.
Overview
Probate costs in Florida come from several sources: attorney fees, personal representative commissions, court filing fees, and publication costs. Taken together, these expenses typically total between 3 and 7 percent of the gross probate estate value. For a $300,000 estate, that could mean $9,000 to $21,000 in combined costs before any distribution to beneficiaries. Understanding where these numbers come from — and what Florida law says about them — helps families plan more effectively.
Attorney Fees: The Statutory Schedule Under §733.6171
The largest single cost in most Florida probate cases is the attorney fee. Florida Statute §733.6171 establishes a fee schedule that is presumed to be reasonable compensation for ordinary probate services. The schedule works as follows: estates valued at $40,000 or less carry a fee of $1,500; estates between $40,000 and $70,000 add another $750; estates between $70,000 and $100,000 add another $750; and estates above $100,000 are charged at 3 percent on the next $900,000. On a $300,000 probate estate, the statutory attorney fee comes to approximately $9,000.
This fee is not mandatory. Florida law requires that any attorney intending to charge under the statutory schedule must disclose in writing to the personal representative that the fee is subject to negotiation. Many uncontested estates, particularly those handled by experienced probate counsel, are completed at flat fees that come in below the statutory schedule. Families should ask about flat fee arrangements at the initial consultation.
Personal Representative Commission: §733.617
In addition to attorney fees, the personal representative — the individual appointed by the court to administer the estate — is entitled to compensation for their services. Florida Statute §733.617 sets this commission at 3 percent of the estate's compensable value for the first one million dollars. The rate steps down to 2.5 percent on amounts between one million and five million dollars, 2 percent on amounts between five million and ten million dollars, and 1.5 percent above ten million dollars.
On a $300,000 estate, the personal representative commission is another $9,000. Like attorney fees, this commission is payable from estate assets without a court order — but it is also negotiable, and many family members who serve as personal representative choose to waive it. If the personal representative is also an attorney, the compensation is separate from attorney fees.
Court Costs, Publication, and Extraordinary Services
Beyond attorney fees and PR commissions, probate estates in Florida incur court filing fees and a required publication notice to creditors. Filing fees vary by county but typically run a few hundred dollars. Publication fees for the required notice to creditors are generally in a similar range. These costs are relatively modest compared to the professional fees above.
A separate category worth understanding is extraordinary services. Florida law allows for additional compensation — typically billed hourly — for tasks outside ordinary administration. These include litigation involving the estate, tax filings, contested creditor claims, the sale of real property, or business-related matters. On a complex estate, extraordinary service fees can exceed the base statutory fee. Families dealing with contested wills or complex assets should ask counsel to estimate potential extraordinary service charges upfront.
What Happens in Summary Administration?
Not every Florida estate requires full formal administration. Estates with a probate value of $150,000 or less — or where the decedent has been dead for more than two years — may qualify for summary administration under Florida Statute §735.201. Summary administration is a simplified, faster process with lower associated costs. The $150,000 threshold took effect July 1, 2026, up from the prior $75,000 limit. Families with smaller estates may be able to avoid the full cost structure described above by qualifying for this streamlined process.
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Florida probate costs are defined by statute, but they are not fixed — negotiation is both legal and common, and estate planning done in advance can significantly reduce how much of an estate passes through probate at all. For related reading, see the Karia Law estate planning overview page at karialaw.com.
Frequently Asked Questions
No. A personal representative in Florida can waive their commission in full or in part. Florida Statute §733.617 permits a personal representative to renounce the right to any compensation. Family members who serve in this role often choose to waive the fee, particularly in smaller estates.
Yes. Florida Statute §733.6171 requires that any attorney planning to charge under the statutory fee schedule must disclose in writing that the fee is subject to negotiation. Flat fee arrangements are common for uncontested estates and often result in lower total costs than the statutory percentage would produce.
Ordinary services are the standard tasks involved in administering an estate — filing documents, notifying creditors, inventorying assets, and distributing property. Extraordinary services are tasks outside that scope, such as litigation, real estate transactions, or tax matters. Florida law allows additional compensation for extraordinary services, typically at an hourly rate agreed upon separately.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws vary and individual circumstances differ. Consult a licensed Florida estate planning attorney for advice specific to your situation. Tejus Karia, Esq. is a member of The Florida Bar.
- Does the personal representative have to take a commission in Florida?
- Are Florida probate attorney fees negotiable?
- What is the difference between ordinary and extraordinary probate services in Florida?