When a loved one passes away, the last thing families want to face is an unexpected legal bill. But if an estate needs to go through Florida probate, costs can add up quickly — and they come in several forms.
Here's a clear breakdown of what Florida probate actually costs, how attorney fees are calculated, and what your family can do to reduce or eliminate those costs entirely.
What Is Probate, and Why Does It Cost Money?
Probate is the court-supervised process of distributing a deceased person's assets to their beneficiaries. It involves filing documents with the court, notifying creditors, and eventually transferring assets — all under judicial oversight.
Because it's a formal legal proceeding, probate comes with mandatory court fees and typically requires an attorney. In Florida, the law actually sets a specific formula for what attorneys can charge in probate matters.
Florida Attorney Fees for Probate
Florida Statute § 733.6171 establishes a presumptively reasonable fee schedule for probate attorneys based on the gross value of the estate:
| Estate Value | Attorney Fee | |---|---| | $40,000 or less | $1,500 | | $40,001 – $70,000 | $2,250 | | $70,001 – $100,000 | $3,000 | | $100,001 – $1,000,000 | 3% of the estate value | | $1,000,000 – $3,000,000 | $30,000 + 2.5% over $1M | | $3,000,000 – $5,000,000 | $80,000 + 2% over $3M | | $5,000,000 – $10,000,000 | $120,000 + 1.5% over $5M | | Over $10,000,000 | $195,000 + 1% over $10M |
These fees are per attorney — meaning if the estate pays for both a personal representative attorney and a separate attorney, fees may apply to both.
Important: These are statutory fees based on the gross estate value, not the net. That means a $500,000 estate with a $400,000 mortgage could still generate attorney fees calculated on $500,000.
Florida Court Filing Fees
In addition to attorney fees, the estate pays mandatory court filing fees when the probate case is opened. As of 2026, Florida circuit court filing fees for probate are typically:
- Estates under $1,000: $235
- Estates $1,000 – $2,499: $300
- Estates $2,500 – $24,999: $335
- Estates $25,000 and above: $400
Additional fees may apply for certified copies, notice publications, and other required filings.
Formal vs. Summary Administration
Not all Florida probates are created equal. There are two main types, and the cost difference is significant.
Summary Administration
Summary administration is a simplified, faster process available when the estate's total probate assets are $75,000 or less (or when the decedent has been dead for more than two years). It generally costs less and resolves faster — often within a few months.
Formal Administration
Formal administration is required for larger estates and involves a more comprehensive court process: appointment of a personal representative, creditor notification periods, court accountings, and final distribution. It typically takes 9 to 18 months and involves the full statutory attorney fee schedule above.
Other Costs to Consider
Beyond attorney and court fees, probate estates may also incur:
- Personal representative fees — The person managing the estate is entitled to a fee equal to the attorney fee amount under Florida law (though family members often waive this)
- Accountant fees — If the estate requires tax filings or financial accounting
- Publication costs — Florida requires notice to creditors published in a local newspaper
- Appraisal fees — For real estate or business assets that require formal valuation
How to Avoid Probate in Florida
The most effective way to avoid probate costs is to plan ahead. A well-structured estate plan can keep most or all of your assets out of probate entirely.
Common strategies include:
Revocable Living Trust — Assets held in a properly funded trust pass directly to beneficiaries without going through probate. This is the most comprehensive approach and the one I recommend for most Florida families.
Beneficiary Designations — Retirement accounts, life insurance, and bank accounts with transfer-on-death or payable-on-death designations pass outside of probate automatically.
Joint Ownership with Right of Survivorship — Property owned jointly with survivorship rights transfers to the surviving owner without court involvement.
Enhanced Life Estate Deeds (Lady Bird Deeds) — A Florida-specific tool that allows you to retain control of your home during your lifetime while ensuring it passes to your beneficiaries outside of probate.
Probate doesn't have to be your family's reality. The right estate plan — built now, while you have the ability to choose — can spare your loved ones the time, cost, and stress of the court process.
If you have questions about your specific situation, schedule a consultation and let's talk through your options.