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Watch on YouTube: Florida Probate Issue #2: How Much Does Probate REALLY Cost?
▶ Watch on YouTube: Florida Probate Issue #2: How Much Does Probate REALLY Cost?

In short: Florida presumes a reasonable attorney’s fee for ordinary probate under § 733.6171: $3,000 on the first $100,000 of the probate estate, then 3% up to $1 million. The personal representative’s commission under § 733.617 is 3% of the first $1 million. A $500,000 estate works out to about $15,000 for each.

“How much is this going to cost?”

It is the first question every family asks. In Florida, part of the answer is written into the statutes. Here it is, with the arithmetic on the page.

The Attorney’s Fee: § 733.6171

For ordinary services in a formal administration, Florida presumes this attorney’s fee is reasonable, based on the inventory value of the probate estate plus income earned during administration:

  • $1,500 for estates up to $40,000
  • An additional $750 for the part from $40,000 to $70,000
  • An additional $750 for the part from $70,000 to $100,000
  • 3% of the next $900,000 (up to $1 million)
  • 2.5% from $1 million to $3 million
  • 2% from $3 million to $5 million
  • 1.5% from $5 million to $10 million
  • 1% above $10 million

The Personal Representative’s Commission: § 733.617

The personal representative (the executor) is also entitled to a commission:

  • 3% of the first $1 million
  • 2.5% from $1 million to $5 million
  • 2% from $5 million to $10 million
  • 1.5% above $10 million

Many family-member personal representatives waive it. Professional fiduciaries do not.

The Math

$250,000 probate estate

  • Attorney: $3,000 on the first $100,000, plus 3% of $150,000 ($4,500) = $7,500
  • Personal representative: 3% of $250,000 = $7,500

$500,000 probate estate

  • Attorney: $3,000 plus 3% of $400,000 ($12,000) = $15,000
  • Personal representative: 3% of $500,000 = $15,000

$1.5 million probate estate

  • Attorney: $3,000 + 3% of $900,000 ($27,000) + 2.5% of $500,000 ($12,500) = $42,500
  • Personal representative: 3% of $1,000,000 ($30,000) + 2.5% of $500,000 ($12,500) = $42,500

Add filing fees, publication of the notice to creditors, certified copies, and appraisals.

“Ordinary Services” Is Doing a Lot of Work in That Statute

The schedule covers ordinary administration. Under § 733.6171(4), the attorney can be paid more for extraordinary services: litigation, will contests, sales of real estate, tax work, disputed claims, and similar work.

That is where the real money goes. An uncontested estate follows the schedule. A contested estate, with siblings fighting over Mom’s house or a trustee hiding the accounts, can cost multiples of it. Who pays depends on the case. Some fees are charged to the estate. Some are shifted to the party whose misconduct caused them.

Why Florida Probate Feels So Hard

Three reasons come up over and over:

  • It takes too long. Courts now expect uncontested estates to close within 12 months of letters, and some judges are enforcing it.
  • It costs more than people expect. See the math above.
  • Families fight. Probate is where old resentments come out, and fighting is what drives cost.

The Cheapest Probate Is the One You Never File

Assets that pass by beneficiary designation, POD or TOD account designation, joint ownership with right of survivorship, a lady bird deed, or a funded trust do not go through probate at all. They do not count toward the fee base either.

If your parents are still living, that conversation is worth more than anything in this article.

Watch: the videos behind this article

Florida Probate Issue #2: How Much Does Probate REALLY Cost?

The 3 Biggest Reasons Florida Probate Is So Hard

Go Deeper

Frequently Asked Questions

What is the attorney’s fee for probate in Florida?

For ordinary services, § 733.6171 presumes as reasonable $1,500 for estates up to $40,000, an additional $750 each for the portions from $40,000 to $70,000 and $70,000 to $100,000, 3% of the next $900,000, then declining percentages above $1 million.

How much does a personal representative get paid in Florida?

Under § 733.617, 3% of the first $1 million, 2.5% from $1 million to $5 million, 2% from $5 million to $10 million, and 1.5% above $10 million. Family members often waive it.

Can probate cost more than the statutory schedule?

Yes. The schedule covers ordinary services. Extraordinary services such as litigation, will contests, real estate sales, and tax work can be compensated in addition under § 733.6171(4).

Do non-probate assets count toward probate fees?

No. Assets that pass by POD or TOD designation, beneficiary designation, joint ownership with survivorship, a lady bird deed, or a funded trust are not part of the probate estate.

Talk to a Florida probate litigator

Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a probate lawyer in St. Petersburg for probate administration, call (727) 954-8752 or email weidner@mattweidnerlaw.com.

Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.

This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.

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