How Much Does Probate Cost in Florida? The Fee Schedule, With Real Numbers

By Dominic L. Scheer, Esq., Florida Bar No. 1022250 · Reviewed by Dominic L. Scheer, Esq. · Last updated October 27, 2026

Ask a chatbot what probate costs in Florida and you'll get "several thousand dollars, depending on the complexity of the estate." Thanks. Rick's dad died in Kendall last year with a will, a paid-off condo in Brickell he rented out, a brokerage account and a checking account, all in his name alone. About $750,000 in total. Rick wanted a number. Florida's statutes actually give one.

What is the probate attorney fee in Florida?

The lawyer for the personal representative (what most people call the executor) is entitled to reasonable compensation. Then section 733.6171 sets out a fee schedule that is presumed reasonable for ordinary services in a formal administration. It runs on the inventory value of the probate assets plus income:

• $1,500 for estates up to $40,000
• an additional $750 for estates from $40,000 to $70,000
• an additional $750 from $70,000 to $100,000
• 3% of the next $900,000, up to $1 million
• 2.5% of the value 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

Read the key word again: presumed. Florida law does not set the lawyer's fee at 3%. A lawyer who wants to use the schedule has to tell the personal representative, in writing, that there is no mandatory statutory fee, that the fee doesn't have to be based on the size of the estate, that it's negotiable, that the personal representative picks the lawyer and doesn't have to use the one who wrote the will, and that the personal representative gets a summary of services at the end. The lawyer, the personal representative and the people bearing the fee can agree to a different method altogether.

Extraordinary services, like a will contest, tax work or selling real estate, can be charged in addition to the schedule.

What does the personal representative get paid?

The personal representative has a schedule too. Under section 733.617, the commission for ordinary services is 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, on the same base as the attorney fee. When a family member serves, they can waive the commission, and many do.

What does that look like with real numbers?

• $300,000 probate estate: attorney $9,000, personal representative $9,000. Presumed total: $18,000.
• $750,000 probate estate: attorney $22,500, personal representative $22,500. Presumed total: $45,000.
• $1,500,000 probate estate: attorney $42,500, personal representative $42,500. Presumed total: $85,000.

Rick's dad is the middle line: $45,000 in presumed fees and commission before anything else gets paid. If Rick serves as personal representative and waives his commission, that drops to $22,500 in presumed attorney fees, and that number is still negotiable.

Notice what the math is based on: probate assets. Assets in a funded trust, property owned as tenants by the entirety or jointly, and anything passing by beneficiary designation aren't in the base.

What other probate costs should I expect?

The schedules cover the lawyer and the personal representative. They don't cover court filing fees, publishing the notice to creditors, appraisals or an accountant for the estate's tax returns. Those are separate, and they vary with the estate.

Probate also costs time. Creditors have until the later of three months after the notice to creditors is first published or, for creditors the estate has to serve, 30 days after service (section 733.702). Most estates don't make final distributions while that window is open. Separately, two years after death the estate and its beneficiaries are generally not liable for the decedent's claims, whether or not anyone opened probate (section 733.710). Mortgages and other secured liens aren't wiped out by either deadline.

Does having a will avoid probate in Florida?

No. This is the misunderstanding we hear most. A will is a set of instructions to the probate court. It names your personal representative and says who gets what, but anything in your name alone with no beneficiary still goes through the court to get where the will sends it.

Florida even requires whoever has the original will to deposit it with the clerk of court in the county where the estate would be administered within 10 days after learning of the death, whether or not anyone opens probate (section 732.901). And under Florida Probate Rule 5.030, the personal representative must be represented by a Florida lawyer unless they are the only interested person. A will is worth having. It just isn't a way around probate.

Even a trust-based plan includes a will, usually called a pour-over will, to catch anything that never made it into the trust. Whatever lands there may need probate to get into the trust. That's why funding the trust while you're alive is the whole game.

Is there a simpler probate for small Florida estates?

Sometimes. Summary administration is a shorter court process, and since July 1, 2026, more families qualify. Under section 735.201, it's available when the will doesn't direct formal administration and either the estate subject to administration in Florida, less exempt property, is $150,000 or less, or the person has been dead more than two years. Before July 1, 2026, the limit was $75,000, and plenty of pages online still say so.

What avoids probate in Florida?

• A funded revocable living trust. Funded is the word that matters. A trust only controls what's titled in its name, and unfunded trusts are the most common way Florida plans fail.
• Beneficiary designations on life insurance, retirement accounts and annuities.
• Tenancy by the entirety and joint ownership with survivorship. Read the deed. Florida doesn't presume survivorship between co-owners, so a deed to two people who aren't married to each other creates a tenancy in common unless it expressly provides for survivorship (section 689.15).
• Payable-on-death accounts, which belong to the surviving POD beneficiaries at the last owner's death (section 655.82).
• Enhanced life estate deeds, often called Lady Bird deeds, for a Florida home. Those get their own post soon.

One honest caveat: a trust doesn't make debts disappear. If the probate estate can't cover expenses and claims, the revocable trust is liable for them (section 733.707(3)). Want to see where your own assets stand? Our Florida Trust Funding Checklist goes account by account.

Is probate always a bad thing?

No. Plenty of people selling trusts will tell you probate is a disaster. It isn't. It's a court process with deadlines, a judge and a clear path for creditors, and for a small estate or a family that gets along, it can work fine.

Its problems are the ones you'd expect. It's slow. The filings are court records. And it costs money the family could have kept. Rick's dad had a will. What he didn't have was a trust that held the condo and the brokerage account. That's the difference between a $45,000 presumed bill plus months of court time, and a successor trustee who can get to work without opening a court case. Trust administration still takes work and still has rules. It just doesn't start with a petition.

Every revocable living trust plan we build includes the funding, because a trust that holds nothing goes through probate anyway.

Frequently Asked Questions

Is the probate attorney fee in Florida 3%?

No. Section 733.6171 sets a schedule that is presumed reasonable for ordinary services, and it includes 3% of the portion from $100,000 to $1 million. The schedule is not mandatory, and the fee is negotiable.

Do I have to use the lawyer who wrote the will for probate?

No. The personal representative chooses the lawyer, and a lawyer who uses the statutory fee schedule must disclose that in writing (section 733.6171).

What is the summary administration limit in Florida?

Since July 1, 2026, $150,000 for the estate subject to administration in Florida, less exempt property. It was $75,000 before that. Summary administration is also available if the person has been dead more than two years (section 735.201).

Do probate fees apply to trust assets or life insurance?

No. Both statutory schedules are based on probate assets only. Assets in a funded trust, joint and tenancy by the entirety property, and assets passing by beneficiary designation aren't included.

How long do creditors have to file a claim in a Florida probate?

Generally the later of three months after the notice to creditors is first published or, for creditors who must be served, 30 days after service (section 733.702). Two years after death, most claims are barred whether or not probate was opened (section 733.710).

Does a will avoid probate in Florida?

No. A will tells the probate court what to do. Assets in your name alone with no beneficiary still pass through probate.