The cost depends mainly on the procedure and how much work the estate needs. The main parts are attorney fees, the personal representative’s compensation (often waived by family members), court filing fees, newspaper publication of the notice to creditors, and items such as certified copies, a bond premium, appraisals, and recording fees. All are normally paid from the estate, not by the family personally (§ 733.707).
Florida has no mandatory attorney fee for probate. The fee is negotiable, need not be based on the estate’s size, and an attorney who uses Florida’s presumed-reasonable schedule must make written disclosures (§ 733.6171).
Attorney fees
Florida law allows reasonable attorney fees to be paid from the estate without a court order (§ 733.6171). For formal administration, it sets a schedule based on the estate’s “compensable value” (the inventory value of probate assets plus income during administration) that is presumed reasonable for ordinary services: $1,500 for estates of $40,000 or less, rising in steps to $3,000 at $100,000, 3 percent of the value from $100,000 to $1 million, and declining percentages above that. Extraordinary services, such as litigation, sales of real estate, or tax matters, can be charged in addition.
An attorney who intends to charge under that schedule must tell the personal representative in writing that there is no mandatory fee, that the fee need not be based on the estate’s size, that it is negotiable, and that the personal representative chooses the attorney and is not required to hire the one who prepared the will. At the end, the personal representative is entitled to a summary of the services and hours. These disclosure requirements were updated effective July 1, 2026 (§ 733.6171; chapter 2026-57).
Fees can also be flat or hourly, by agreement.
The personal representative’s compensation
A personal representative is entitled to a commission presumed reasonable at 3 percent of the first $1 million of compensable value, with lower rates above that, plus extra compensation for extraordinary services (§ 733.617). Family members serving as personal representative often waive it.
Other costs
- Court filing fees set by the clerk
- Publication of the notice to creditors in a local newspaper
- Certified copies of letters, orders, and death certificates
- A bond premium, if the will or court does not waive bond (§ 733.402)
- Appraisals, accountants, and tax preparation
- Recording fees for deeds and orders affecting real estate
What changes the cost
- Procedure: summary administration generally involves less work than formal administration.
- Disputes: contested claims, will challenges, or family disagreements add the most cost. A court can order costs and fees in some disputes to be paid from a particular person’s share (§ 733.106).
- Real estate that needs to be sold or cleared of title problems
- Organization: complete records save time.
An example
An estate with $250,000 of probate assets goes through formal administration. Applying the presumed-reasonable schedule, the attorney fee for ordinary services would be $3,000 for the first $100,000 plus 3 percent of the next $150,000 ($4,500), or $7,500. The personal representative, the decedent’s daughter, waives her commission. If the attorney and personal representative instead agree to an hourly or flat fee, that agreement controls. Court costs, publication, and certified copies are added in either case.
Common misunderstandings
- “Florida law sets the attorney’s fee at 3 percent.” The schedule is presumed reasonable, not mandatory.
- “The family pays out of pocket.” Costs are normally paid from the estate.
- “Choosing the cheapest quote saves money.” Compare what each quote includes; a low fee that excludes common tasks can cost more.
What to gather
- A list of probate assets and their approximate values
- Any written fee proposals, and what each includes and excludes
- Information about likely complications: disputes, real estate, out-of-state property
Next step
Ask for the fee proposal in writing, including the calculation basis, what is included, and what would be extra. See how Kracht Law Firm approaches fees.
Related guidance
- Probate fees and costs
- How long does Florida probate take?
- Summary administration
- What does a personal representative do?
Sources: Florida Statutes § 733.106, § 733.402, § 733.617, § 733.6171, and § 733.707 (2026); chapter 2026-57, Laws of Florida, section 6. Checked on October 23, 2026.