Legal fees depend on the procedure, the assets, and how much work the matter is likely to need. Before representation begins, the firm reviews the documents and assets, explains its proposed fee arrangement, and puts it in a written engagement agreement.
Summary administration
Summary administration is often handled for a flat fee when the estate clearly qualifies, the beneficiaries agree and sign the petition, and there are no title problems or disputed claims. Court costs and other third-party expenses are separate.
Formal administration and trust administration
Florida does not set a mandatory attorney fee for estate or trust administration. The fee is negotiable between the personal representative or trustee and the attorney, and it does not have to be based on the size of the estate or trust.
Florida law does provide a schedule of fees that are presumed reasonable for ordinary services. For a formal estate administration, the schedule is based on the estate’s “compensable value”: the inventory value of the probate assets plus income earned during administration. It provides $1,500 for estates of $40,000 or less, rising in steps to $3,000 at $100,000, then 3 percent of the value from $100,000 to $1 million, 2.5 percent from $1 million to $3 million, and lower percentages above that. A similar schedule applies to the initial administration of a revocable trust. Extraordinary services, such as litigation, sales of real estate, or tax work, can be compensated in addition.
An attorney who intends to charge based on the schedule must disclose these points in writing to the personal representative or trustee, including that the presumed fee may not be appropriate for every matter, and must provide a summary of services at the end of the representation.
Costs that are separate from legal fees
- Court filing fees charged by the clerk
- Newspaper charges for publishing the notice to creditors
- Certified copies of letters, orders, and death certificates
- Recording fees for deeds and orders affecting real estate
- Appraisals, accountants, title searches, and other outside services when needed
What can change the scope
Disputes among family members, contested creditor claims, a missing original will, a will signed in another country, unclear title to real estate, a lawsuit or settlement that belongs to the estate, and assets that are hard to find all add work. If the scope changes, the firm discusses it with you before the additional work begins.
Estate planning
Estate-planning fees depend on the documents needed and the work required to fund a trust or record deeds. The firm quotes them after an initial conversation.
Sources: Florida Statutes § 733.6171 (attorneys for personal representatives, as amended by chapter 2026-57) and § 736.1007 (attorneys for trustees) (2026). Checked on October 23, 2026.