Florida Probate Costs and Attorney Fees Explained (2026 Guide)

Florida probate costs are the total of court filing fees, attorney fees, personal representative compensation, and administrative expenses required to settle a deceased person’s estate through the court system. For most estates, attorney fees are the single largest line item, and Florida law (Fla. Stat. § 733.6171) sets out presumptively reasonable fees based on a percentage of the estate’s value. The good news for many Boca Raton families: smaller estates often qualify for streamlined procedures that cut both time and cost dramatically.

I’ve spent years guiding families in Palm Beach County through this process, and the question I hear first is almost always the same one: “What is this going to cost me?” It’s a fair question, and the honest answer depends heavily on which type of probate your loved one’s estate requires. Let’s break it down.

What Goes Into the Total Cost of Florida Probate

Probate isn’t one single fee. It’s a stack of separate costs, and understanding each line helps you see where the money actually goes — and where you might save it.

• Court filing fees. The clerk of court charges a filing fee to open a probate case. In Palm Beach County, formal administration filing fees typically run a few hundred dollars; summary administration is less.
• Attorney fees. Usually the largest expense. These can be hourly, flat, or based on the statutory percentage schedule discussed below.
• Personal representative compensation. Florida law entitles the personal representative (what other states call an executor) to a fee, also tied to a percentage of the estate under Fla. Stat. § 733.617.
• Publication and certified mail costs. Florida requires a Notice to Creditors to be published in a local newspaper, plus mailed notice to known creditors.
• Appraisals and accounting. Real estate, business interests, or collectibles may need professional valuation. Estates with tax exposure may need a CPA.
• Bond premiums. If the will doesn’t waive bond, the personal representative may have to post one — an annual premium based on estate value.

Add it all up, and many families are surprised to learn that the court itself takes a relatively small slice. The bulk is professional fees and statutorily required notices.

How Florida Attorney Fees Are Calculated

This is where Florida differs from a lot of states. Section 733.6171 of the Florida Statutes lays out a schedule of attorney fees that are presumed reasonable for ordinary formal administration. The fee is tied to the “compensable value” of the estate — generally the inventory value of probate assets plus income earned during administration.

The statutory percentage schedule works in tiers. Here is the structure as written in the statute:

1. $1,500 for estates valued at $40,000 or less.
2. An additional $750 for estates between $40,000 and $70,000.
3. An additional $750 for estates 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 $400,000 estate would generate a presumptively reasonable fee of roughly $12,000 ($3,000 for the first $100,000, plus 3% of the remaining $300,000). A $1 million estate lands near $30,000. These numbers can feel steep, which is exactly why I tell clients the schedule is a starting point, not a mandate.

The Schedule Is a Default, Not a Ceiling

Nothing in Florida law forces you to pay the percentage fee. The statute explicitly permits the attorney and the personal representative to agree on different compensation — hourly, flat, or a negotiated number. Many experienced probate attorneys, myself included, will quote a flat fee for straightforward administrations because clients deserve to know the cost up front rather than watching a meter run. The statute also allows extraordinary fees for unusual work like will contests, tax disputes, or selling real property, but those have to be separately justified to the court.

If you’re weighing options, it’s worth reading how seasoned counsel frames the same fee tension in larger markets — Morgan Legal’s overview of walks through comparable cost drivers for high-value estates and illustrates why fee structure matters as much as the headline number.

Summary Administration: The Lower-Cost Path

Here’s where Boca Raton families often catch a real break. Florida offers summary administration — a stripped-down, faster process — under Fla. Stat. § 735.201. An estate generally qualifies if either:

• The value of the probate estate (excluding exempt property like the homestead) is $75,000 or less; or
• The decedent has been dead for more than two years, regardless of estate size.

Summary administration skips the appointment of a personal representative and the months-long creditor period that drives up cost in formal administration. There’s no inventory to file, no annual accounting, and far fewer court appearances. For a qualifying estate, total costs — attorney fees included — can often run a fraction of what formal administration would demand. I’ve closed summary administrations for a flat fee that wouldn’t cover even the statutory minimum on a formal case.

That said, summary administration has real limitations. There’s no personal representative with authority to manage assets over time, which makes it a poor fit if the estate has ongoing claims, litigation, or complicated assets. Choosing the wrong track can cost more in the long run, so this is a judgment call worth making with counsel.

Disposition Without Administration

For the very smallest estates, Florida offers an even leaner option. Disposition of personal property without administration (Fla. Stat. § 735.301) lets a family recover limited assets — essentially when funeral expenses and final medical bills consume what little the decedent left — without opening a formal case at all. It’s handled by an informal request to the clerk, often with no attorney required. It applies narrowly, but when it fits, it’s the cheapest path available.

Who Actually Pays Probate Costs?

This trips people up constantly. Probate costs are paid by the estate, not out of the beneficiaries’ or personal representative’s own pockets. Fees and expenses come off the top before assets are distributed to heirs. So if an estate is worth $300,000 and total probate costs run $15,000, the beneficiaries divide $285,000.

The practical implication: a beneficiary’s inheritance shrinks by their proportional share of costs, but no one writes a personal check to the attorney upfront in most cases. Where this gets uncomfortable is in estates that are asset-rich but cash-poor — say, a home with no liquid funds. There, the personal representative may need to advance costs or arrange for assets to be sold, which is one of the and another reason to plan ahead.

How to Keep Florida Probate Costs Down

Cost control starts long before anyone files anything. A few practical levers:

• Qualify for summary administration. If the estate is at or under $75,000 in non-exempt assets, push for the streamlined track.
• Use a flat-fee engagement. Ask your attorney whether a flat fee is available for routine work instead of the percentage schedule.
• Avoid probate entirely where possible. Assets with named beneficiaries — life insurance, retirement accounts, payable-on-death bank accounts — pass outside probate. A properly funded revocable trust does too. Good estate planning and will drafting is the cheapest probate strategy there is, because it shrinks or eliminates the probate estate.
• Keep records organized. The more disorganized the assets, the more billable hours it takes to untangle them.
• Resolve family disputes early. Will contests and beneficiary fights are the single biggest driver of extraordinary fees.

For families whose loved one owned property in more than one state, costs multiply, because ancillary probate may be required in each jurisdiction. If your situation crosses the Florida–New York line, our New York colleagues and our own coordinate to avoid duplicated effort and fees.

A Realistic Cost Range for Boca Raton Estates

Every estate is different, but here’s the honest framing I give clients in Palm Beach County. A clean summary administration on a modest estate is often the most affordable formal route through the courthouse. A standard formal administration on a mid-six-figure estate typically tracks the statutory schedule unless we negotiate otherwise. And a contested or multi-state estate can climb well beyond the base schedule once extraordinary services enter the picture.

The number on the invoice matters less than whether you chose the right procedure and the right fee arrangement at the start. If you’re not sure which category your situation falls into, that’s exactly the conversation to have before filing anything. You can reach our Boca Raton office to walk through your options, or read more about how Florida probate works across the different administration types.

Probate doesn’t have to be a financial mystery. With the right path chosen up front, most Florida families spend far less than they feared — and keep far more of what their loved one intended to leave behind.

Frequently Asked Questions

How much does probate cost in Florida?

Total Florida probate costs vary by estate type and size. Court filing fees run a few hundred dollars, and attorney fees follow the presumptively reasonable schedule in Fla. Stat. 733.6171 — roughly $1,500 for estates under $40,000, scaling up to about $30,000 on a $1 million estate. Summary administration for estates of $75,000 or less typically costs far less than formal administration.

How are probate attorney fees calculated in Florida?

Florida Statute 733.6171 provides a tiered percentage schedule of fees presumed reasonable for ordinary formal administration, starting at $1,500 for small estates and adding percentages (3% up to $1 million, then declining) for larger ones. The schedule is a default, not a requirement — attorneys and personal representatives may agree to flat or hourly fees instead, and extraordinary services are billed separately.

Who pays the cost of probate in Florida?

Probate costs are paid by the estate itself, not by the beneficiaries or personal representative personally. Fees, court costs, and expenses are deducted from estate assets before anything is distributed to heirs, so each beneficiary effectively bears a proportional share through a reduced inheritance.

Can I avoid probate costs in Florida?

Often, yes. Assets with named beneficiaries — life insurance, retirement accounts, payable-on-death accounts — and assets held in a properly funded revocable living trust pass outside probate. Estates of $75,000 or less in non-exempt assets, or where the decedent died more than two years ago, may qualify for lower-cost summary administration under Fla. Stat. 735.201.

What is summary administration in Florida?

Summary administration is a faster, cheaper probate procedure under Fla. Stat. 735.201 available when the non-exempt probate estate is $75,000 or less, or the decedent has been dead more than two years. It skips appointing a personal representative and the formal creditor period, significantly reducing both time and attorney fees compared to formal administration.