The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Florida with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Florida reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Florida probate pages.
Florida probate fees
| Item | Florida |
|---|---|
| Court filing fee | 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. |
| 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. |
| Fee basis | statutory |
| Appraisal / referee | Not used. Personal representative arranges appraisals as needed. |
Worked example
On a $500,000 Florida estate, the presumptively reasonable personal-representative commission is $15,000 (3% applies to the whole estate since it's under $1 million). The estate's attorney is entitled to a separate, also presumptively reasonable, fee under §733.6171.
Florida thresholds and deadlines
| Item | Florida |
|---|---|
| Small-estate threshold | 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. |
| 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. |
| Statutory floor (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. |
| Simplified real-property transfer | 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. |
What passes outside Florida probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- 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.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: 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)
- Attorney fees: https://www.flsenate.gov/Laws/Statutes/2025/0733.6171
- Executor fees: https://www.flsenate.gov/Laws/Statutes/2025/733.617
- Small-estate procedure: https://www.flsenate.gov/Laws/Statutes/2025/735.201
- Court filing fees: https://www.flsenate.gov/Laws/Statutes/2025/28.2401
- typicalTimeline: https://www.flsenate.gov/Laws/Statutes/2025/733.212
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Florida court before relying on it.
The full Florida guides
- How Much Does Probate Cost in Florida? — the full cost breakdown.
- How Much Does an Executor Get Paid in Florida? — the fee rule in detail.
- How Long Does Probate Take in Florida? — the timeline and its statutory floor.
- Executor Deadlines in Florida — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in Florida — the transfers that pass outside it.
- How Much Does a Will Cost in Florida? — execution requirements and pricing.
Fee sheets for other states
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This sheet sets out Florida probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Florida courts or a licensed Florida attorney.