How much does probate cost in Florida?

The short answer

Florida does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.

Attorney fees

Fla. Stat. §733.6171(3) presumed-reasonable schedule: $1,500 for estates of $40,000 or less; an additional $750 for more than $40,000 and not exceeding $70,000; an additional $750 for more than $70,000 and not exceeding $100,000; 3% on the next $900,000; 2.5% above $1M to $3M; 2% above $3M to $5M; 1.5% above $5M to $10M; 1% above $10M. §733.6171(2)(b)1 requires an attorney who intends to charge on this schedule to disclose in writing to the personal representative that "There is not a mandatory statutory attorney fee for estate administration".

Executor / personal representative fees

Fla. Stat. §733.617(2) does not set the personal representative's fee. It provides that a commission computed on the compensable value of the estate "is presumed to be reasonable compensation" at these rates: 3% of first $1M, 2.5% next $4M, 2% next $5M, 1.5% above $10M. §733.617(1) entitles the representative to that commission without a court order; §733.617(7) lets the court increase or decrease it on the petition of any interested person.

What the fee is based on

Florida fees are presumed reasonable, not mandatory. The court can increase or decrease the personal representative's commission under §733.617(7); the attorney fee is negotiable and §733.6171(2)(b) requires that to be disclosed in writing. Both attorney and personal representative fees apply.

Court filing fees

Fla. Stat. §28.2401(1) sets maximums, not prices: the clerk "may impose service charges or filing fees ... not to exceed the following amounts". Formal administration §28.2401(1)(g): $395. Summary administration §28.2401(1)(e): $340 where the estate is valued at $1,000 or more — the tier that applies to most summary estates, since the procedure runs to $75,000 under §735.201(2) — and §28.2401(1)(f): $230 below $1,000. §28.2401(3) adds a $4 service charge to a petition seeking summary or formal administration, so $344 and $399 respectively. Under §28.2401(2) a circuit court may increase these in an individual matter on the clerk's application and a showing of extraordinary circumstances.

Appraisal / probate referee

Not used. Personal representative arranges appraisals as needed.

How long probate takes in Florida

We found no published source for how long probate takes in Florida as of September 2026. No Florida court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Three months after the first publication of notice to creditors (or 30 days after service on a known creditor, whichever is later), under Fla. Stat. §733.702. An absolute 2-year cap applies under Fla. Stat. §733.710.

Creditor claim period

Three months after the first publication of notice to creditors (or 30 days after service on a known creditor, whichever is later), under Fla. Stat. §733.702. An absolute 2-year cap applies under Fla. Stat. §733.710. In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.

How to skip full probate (or shrink the bill)

• Small-estate procedure. Fla. Stat. §735.201(2): summary administration is available where "the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000" or where the decedent has been dead for more than 2 years. The deduction is all property exempt from creditor claims, which is wider than the constitutional homestead — it also covers the exempt personal property under §732.402. §735.201(1) adds a further condition for a testate estate: the decedent's will must not direct administration as required by chapter 733.
• Real-property shortcut. Florida homestead passes outside probate to a surviving spouse or descendants and is shielded from most creditor claims.
• Transfer-on-death deed. Florida does NOT have a statutory transfer-on-death deed for real estate. Florida residents who want to pass real estate outside probate typically use a revocable living trust, an enhanced life estate (Lady Bird) deed (which is recognized by Florida courts though not codified), or joint ownership.
• A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
• Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
• Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.

Whether representation is required in Florida

Florida does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.

What the record shows

Probate cost in Florida is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.

Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. Florida’s small-estate threshold, above, determines which estates can use the simplified procedure.

Frequently asked questions about probate cost in Florida

How much does probate cost in Florida?

Florida publishes a schedule of attorney fees that §733.6171(3) treats as presumptively reasonable for ordinary services — §733.6171(2)(b)1 requires the attorney to disclose in writing that there is no mandatory statutory attorney fee: $1,500 on a compensable estate of $40,000 or less, $750 more for $40,000–$70,000, $750 more for $70,000–$100,000, 3% on the next $900,000, then 2.5%, 2%, 1.5% and 1% on higher bands — so a $500,000 estate works out to $15,000 in attorney fees, plus personal representative fees and court costs.

What is the small-estate limit in Florida?

Fla. Stat. §735.201(2): summary administration is available where "the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000" or where the decedent has been dead for more than 2 years. The deduction is all property exempt from creditor claims, which is wider than the constitutional homestead — it also covers the exempt personal property under §732.402. §735.201(1) adds a further condition for a testate estate: the decedent's will must not direct administration as required by chapter 733.

Who pays the probate costs in Florida?

The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.

Can you avoid probate costs in Florida?

Florida's homestead protections already keep the primary residence outside many probate processes for a surviving spouse and descendants. For other real estate and larger estates, a funded revocable living trust is the cleanest avoidance tool. Snowbirds with property in multiple states benefit substantially from a trust because it avoids ancillary probate.

How long does probate take in Florida?

We found no published source for how long probate takes in Florida as of September 2026. No Florida court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Three months after the first publication of notice to creditors (or 30 days after service on a known creditor, whichever is later), under Fla. Stat. §733.702. An absolute 2-year cap applies under Fla. Stat. §733.710. The deadlines that run alongside it: How Long Does Probate Take in Florida?.

Related reading

• What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.

• How to Avoid Probate in Florida — the state-specific avoidance playbook.

• Executor Deadlines in Florida — the statutory dates the executor works to, quoted from Fla. Stat. §733.702(1).

• How Long Does Probate Take in Florida? — the companion timeline guide for Florida.

• What Happens If You Die Without a Will in Florida? — how Florida splits an estate when there is no will.

• Will vs. Trust: How They Differ — the documented differences between the two instruments.

• Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.

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This page explains Florida probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Florida courts or a licensed Florida attorney. Sources: Fla. Stat. §733.6171, Fla. Stat. §733.617, Fla. Stat. §733.702, Fla. Stat. §733.710, Fla. Stat. §733.212, Fla. Stat. §28.2401, Fla. Stat. §735.201 (summary administration).