Florida Probate Costs and Attorney Fees Explained: A South Florida Guide

Florida probate costs are the total expenses of administering a deceased person’s estate through the court, and they generally fall into three buckets: attorney fees, the personal representative’s commission, and out-of-pocket court costs. For a typical formal administration, attorney fees and the personal representative commission each track a percentage of the estate’s value set by Florida statute, while court filing fees and ancillary expenses usually run from a few hundred to a couple thousand dollars. There is no flat “probate tax” in Florida, and the statutory fee figures are presumptions, not mandatory floors.

I have administered enough South Florida estates to know that the question clients actually ask is rarely “what does the statute say?” It is “how much of Dad’s house am I going to lose to lawyers and the court?” Fair question. Below I break down every real cost line, with the actual Florida statutes, and I flag where real-property-heavy estates behave differently from estates that are mostly cash and brokerage accounts.

The three categories of Florida probate costs

Before we get into percentages, understand the structure. Every formal probate in Florida carries some version of these costs:

• Attorney fees — paid to the lawyer who represents the personal representative, governed by Fla. Stat. § 733.6171.
• Personal representative compensation — a commission paid to the executor for serving, governed by Fla. Stat. § 733.617.
• Court and administrative costs — filing fees, certified copies, publication of the notice to creditors, appraisals, bond premiums, and recording fees.

The first two are the big numbers, and both are tied to the “compensable value” of the estate. That phrase matters, so let’s define it before anyone panics about the size of their parents’ house.

How attorney fees work under Florida Statute 733.6171

Florida is one of a handful of states with a statutory fee schedule for probate lawyers. Section 733.6171 sets out fees that are presumed reasonable for “ordinary services” in a formal estate administration. The presumption is keyed to the compensable value of the estate, which the statute defines as the inventory value of the probate assets plus any income the estate earns during administration.

Here is the presumed-reasonable schedule for ordinary attorney services:

1. $1,500 for estates with a compensable value of $40,000 or less.
2. An additional $750 for the value above $40,000 and up to $70,000.
3. An additional $750 for the value above $70,000 and up to $100,000.
4. 3% of the value above $100,000 up to $1 million.
5. 2.5% of the value above $1 million up to $3 million.
6. 2% of the value above $3 million up to $5 million.

So an estate with a compensable value of $500,000 produces a presumed ordinary attorney fee of $15,000 (the $3,000 in tiered base amounts on the first $100,000, plus 3% of the remaining $400,000). That number surprises people. It should, because it is a presumption you can negotiate around.

The fee is presumed, not required

This is the single most important sentence in this article: the statutory fee is a starting point, not a price tag. Section 733.6171 requires the attorney to disclose in writing that there is no mandatory statutory attorney fee, and that the presumed-reasonable fee may not be appropriate for every estate. The attorney, the personal representative, and the people who bear the economic impact of the fee are free to agree on a different arrangement entirely — a flat fee, an hourly rate, or a reduced percentage.

In practice, many competent Florida probate attorneys charge a flat fee or an hourly fee well below the statutory percentage for straightforward estates. If a lawyer quotes you the full statutory percentage on a simple, single-beneficiary estate with one house and a bank account, you are entitled to ask why.

Extraordinary services cost extra

The statute also allows “further reasonable compensation” for extraordinary services. These are the parts of an estate that go beyond routine paperwork: a will contest, a will-construction proceeding, a contested creditor claim, an elective-share fight, estate-tax apportionment, the sale of real property, or any adversarial litigation by or against the estate. When a probate turns into , those hours are billed on top of the ordinary fee, which is exactly why a contested estate can cost multiples of a quiet one. Our colleagues who handle see the same pattern across state lines: litigation, not administration, is what drives the bill.

Personal representative compensation under Florida Statute 733.617

The executor — called the personal representative in Florida — is also entitled to a commission for ordinary services, payable from the estate without a court order. Section 733.617 sets a separate percentage schedule based on the same compensable value:

• 3% of the first $1 million.
• 2.5% of the value above $1 million and up to $5 million.
• 2% of the value above $5 million and up to $10 million.
• 1.5% of everything above $10 million.

On that same $500,000 estate, the personal representative’s commission would be $15,000 (3% of $500,000). Stack it on the attorney fee and you can see how a half-million-dollar estate generates roughly $30,000 in combined statutory compensation before a single court fee is paid.

Two practical notes. First, when a family member serves as personal representative and is also a beneficiary, they frequently waive the commission — taking it as income is taxable, whereas an inheritance generally is not. Second, if there are two personal representatives and the estate’s compensable value is $100,000 or more, each is entitled to a full commission; with more than two, the two-PR commission is apportioned among them. Naming three of your children as co-executors out of fairness can quietly inflate the cost of administration.

Court costs and out-of-pocket expenses

Beyond the percentage-based fees, every Florida probate carries hard costs. These are smaller but unavoidable:

• Court filing fee for formal administration — typically a few hundred dollars, set by the clerk of the circuit court in the county where the decedent lived (Miami-Dade, Broward, or Palm Beach for most of our clients).
• Notice to creditors publication in a local newspaper — usually $100 to $400.
• Certified copies, recording fees, and postage.
• Bond premium, if the will does not waive bond and the court requires one.
• Appraisals for real estate and unique assets — relevant to nearly every estate we handle.

Why real-property-heavy estates are different

This is where South Florida estates diverge from the textbook. Because the compensable value is driven by the inventory value of probate assets, a paid-off house in Coral Gables or Boca Raton can single-handedly push an estate into the higher fee tiers — even though that “value” is illiquid and cannot pay a fee until the property sells.

A few consequences worth planning around:

• Homestead can shrink the compensable value. Florida’s constitutional homestead protection often means the primary residence passes outside the probate estate to heirs and is not counted in the compensable value used for fees. A homestead determination is one of the most valuable early moves in a real-property estate, and it directly affects what you pay.
• Selling estate real estate is an extraordinary service. If the personal representative must list, market, and close on a property, expect additional compensation under both fee statutes plus closing costs and realtor commissions.
• Out-of-state property triggers ancillary probate. A decedent who owned a Florida condo but lived elsewhere, or a Florida resident who owned a cabin in another state, may require a second, ancillary proceeding — a separate set of fees.

If most of the estate’s value sits in dirt and drywall, the smart conversation happens before death: a properly funded revocable living trust, a lady bird (enhanced life estate) deed, or joint-with-survivorship titling can keep the house out of probate entirely. That is a planning question, and it is worth reviewing your will and estate plan long before probate is on the horizon.

How to reduce Florida probate costs

You have more leverage than the statute suggests. Realistic ways to keep costs down:

1. Negotiate the attorney fee. Because the statutory figure is a presumption, ask for a flat or hourly fee on a simple estate. Get the written disclosure the statute requires.
2. Consider summary administration. Estates under $75,000 (excluding exempt property), or where the decedent has been dead more than two years, may qualify for Florida’s streamlined summary administration — far cheaper than formal administration.
3. Have the family PR waive the commission when they are also inheriting.
4. Plan to avoid probate. Trusts, beneficiary designations, and proper deed titling on the house move assets outside the probate estate, shrinking the compensable value that both fee schedules depend on.

Every estate is genuinely different, and a fifteen-minute conversation usually reveals whether you are looking at a $2,500 summary administration or a six-figure litigated formal one. If you are facing a probate in Miami-Dade, Broward, or Palm Beach County, the team can walk you through the numbers for your specific estate — learn more about Florida probate or contact our office. For estates with assets or beneficiaries in multiple states, our affiliated coordinate the full picture.

Frequently Asked Questions

Are Florida probate attorney fees mandatory?

No. The percentages in Fla. Stat. 733.6171 are presumed reasonable, not required. The statute mandates that the attorney disclose in writing that there is no mandatory statutory fee, and the personal representative can negotiate a flat or hourly fee instead, especially on simple estates.

How much does probate cost in Florida for a $500,000 estate?

Using the statutory schedules, a $500,000 estate produces a presumed attorney fee of about $15,000 (Fla. Stat. 733.6171) and a personal representative commission of about $15,000 (Fla. Stat. 733.617), plus several hundred to a couple thousand dollars in court and publication costs. Those fee figures are negotiable.

Is the homestead counted toward Florida probate fees?

Often not. Florida’s constitutional homestead protection frequently passes the primary residence outside the probate estate to heirs, so it is not included in the compensable value used to calculate both attorney and personal representative fees. A homestead determination can meaningfully lower costs in a real-property-heavy estate.

Can I avoid Florida probate costs entirely?

You can avoid much of it with planning. A funded revocable living trust, beneficiary designations on accounts, a lady bird deed on the house, and joint-with-survivorship titling move assets out of the probate estate, reducing or eliminating the statutory fees that depend on the estate’s compensable value.

Who pays the probate attorney and executor fees in Florida?

Both are paid from the estate’s assets, not out of the personal representative’s or beneficiaries’ pockets directly. They are administration expenses that come off the top before the remaining estate is distributed to the beneficiaries.