Educational guide — not legal advice. Fees vary and can be negotiated. A written fee agreement states the fee before a Florida probate attorney is engaged.
The short answer
Florida is one of the few states that spells out probate attorney fees in statute. Under Fla. Stat. §733.6171(3), compensation on this schedule “is presumed to be reasonable” for ordinary services in a formal administration — and §733.6171(2)(b)1 requires an attorney who intends to charge on it to disclose in writing to the personal representative that “There is not a mandatory statutory attorney fee for estate administration”:
| Estate value (compensable) | Presumed-reasonable attorney fee |
|---|---|
| $40,000 or less | $1,500 |
| More than $40,000, not exceeding $70,000 | + an additional $750 |
| More than $70,000, not exceeding $100,000 | + an additional $750 |
| In excess of $100,000 | + 3% on the next $900,000 |
| Above $1M, not exceeding $3M | + 2.5% |
| Above $3M, not exceeding $5M | + 2% |
| Above $5M, not exceeding $10M | + 1.5% |
| Above $10M | + 1% |
The fee builds up in tiers. Worked on the §733.6171(3) bands above:
- $100,000 estate: $1,500 + $750 + $750 = $3,000 (§733.6171(3)(a)–(c))
- $300,000 estate: $3,000 + 3% × $200,000 = $9,000 (§733.6171(3)(a)–(d))
- $500,000 estate: $3,000 + 3% × $400,000 = $15,000 (§733.6171(3)(a)–(d))
- $1,000,000 estate: $3,000 + 3% × $900,000 = $30,000 (§733.6171(3)(a)–(d))
These four sums were wrong on this page until 2026-09-25. Paragraphs (b) and (c) of Fla. Stat. §733.6171(3) each add $750, not $2,250 and $3,000; the page had been reading them as cumulative totals rather than as the additions the statute states, which overstated every figure by $3,750.
Figures from the §733.6171 schedule. “Compensable value” is generally the inventory value of the probate estate plus income — not reduced by the mortgage.
The key point: “presumed reasonable” is not “mandatory”
This is the part that saves people money. The statutory percentages are a default presumption, not a fixed price. You and the attorney are free to agree in writing to a different fee — a flat fee or hourly billing — and for a straightforward estate, many Florida attorneys will quote less than the statutory percentage.
§733.6171(2)(b)1 requires an attorney intending to charge on the schedule to disclose in writing that there is not a mandatory statutory attorney fee, that the fee need not be based on the size of the estate, and that it is subject to negotiation. What is agreed instead of the schedule is between the personal representative and the attorney, and no independent published source for those amounts was found. Florida requires the fee basis to be disclosed in writing.
The personal representative’s fee
The personal representative (Florida’s term for executor) can charge a separate commission. Fla. Stat. §733.617(2) does not fix the amount: it provides that a commission computed on the compensable value of the estate “is presumed to be reasonable compensation” at 3% of the first $1M, 2.5% of the next $4M, 2% of the next $5M and 1.5% above $10M, and §733.617(7) lets the court increase or decrease it on the petition of any interested person. Family members serving as PR often waive this fee — especially when they’re also a beneficiary, since a waived fee leaves more in the estate (and a fee is taxable income to the PR, while an inheritance generally isn’t).
So a full picture of “what probate costs” in Florida is attorney fee + PR fee + court costs ($399 for formal administration — the $395 maximum under Fla. Stat. §28.2401(1)(g) plus the $4 service charge under §28.2401(3)) + any extraordinary fees.
Extraordinary fees (when the bill grows)
The schedule covers ordinary services. Attorneys can charge extra for “extraordinary” services — will contests, selling real estate, tax disputes, litigation, running a business in the estate. If your estate involves any of these, expect additional fees on top of the schedule. Ask the attorney to identify likely extraordinary services up front.
The cheaper path: summary administration
Not every Florida estate needs full formal administration. Summary administration is available under Fla. Stat. §735.201(2) 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 more than 2 years. The deduction is all property exempt from creditor claims — wider than the constitutional homestead, since it also covers the exempt personal property under §732.402. §735.201(1) adds a condition for a testate estate: the will must not direct administration as required by chapter 733.
The court filing maximum is lower than for formal administration: §28.2401(1)(e) sets $340 where the estate is valued at $1,000 or more, and §28.2401(1)(f) sets $230 below that; with the $4 charge under §28.2401(3) that is $344 and $234. Because summary administration runs to the $75,000 threshold above, $344 is the figure that applies to most summary estates.
For the full cost picture beyond attorney fees, see Probate Cost in Florida.
What counts toward the fee
The percentage is applied to the “compensable value” of the estate — generally the inventory value of the probate assets plus income the estate earns during administration. A key point that trips people up: it’s based on the gross value of the probate estate, not reduced by the mortgage on a home. The §733.6171(3) schedule runs on the compensable value, which the statute defines as the inventory value of the probate estate assets plus the income earned during administration — the inventory value, not the equity.
Equally important is what’s not in the compensable value: assets that pass outside probate don’t count at all. Life insurance with a named beneficiary, retirement accounts, payable-on-death accounts, jointly owned property, and assets in a living trust are excluded — which is another reason probate-avoidance planning lowers the eventual fee. The smaller the probate estate, the smaller the percentage-based bill.
What Florida sets by statute, and what it does not
The fee is not fixed by statute. Fla. Stat. §733.6171(2)(b) requires an attorney who intends to charge on the §733.6171(3) schedule to disclose in writing to the personal representative that “[t]here is not a mandatory statutory attorney fee for estate administration,” that the fee “is not required to be based on the size of the estate,” that it “is subject to negotiation between the personal representative and the attorney,” and that the personal representative is “not required to select the attorney who prepared the will.” §733.6171(2)(c) requires the attorney to obtain the personal representative’s signature acknowledging those disclosures, and §733.6171(2)(d) provides that an attorney who does not make them “may not be paid for legal services without prior court approval of the fees or the written consent of all interested parties.”
§733.6171(2)(a) lets the attorney, the personal representative, and the persons bearing the impact of the compensation agree to compensation determined in a different manner, and §733.6171(5) lets the court, on the petition of any interested person, increase or decrease the compensation for ordinary services or award compensation for extraordinary services, weighing the ten factors that subsection lists.
Whether an attorney is required at all is set by court rule, not by the Probate Code, and that rule was not retrieved for this page: the Florida Bar and Florida Supreme Court sites are both refused by the environment this page was checked from, so no requirement is stated here.
Ways to pay less
- A fee agreed in a different manner, which §733.6171(2)(a) permits by agreement among the attorney, the personal representative, and the persons bearing the impact of the compensation.
- Summary administration, available on the terms §735.201(2) sets: the estate subject to administration, less property exempt from creditors’ claims, not exceeding $75,000, or the decedent dead more than 2 years.
- Have the PR waive their fee when they’re also a beneficiary.
- Assets that never enter probate. Assets in a funded living trust, with named beneficiaries, or jointly owned skip probate — and the attorney fee — entirely. See Estate Planning in Florida.
- Quote variation. Written quotes for the same matter differ between probate attorneys.
What the record shows
Fla. Stat. §733.6171(3) publishes a schedule of attorney compensation for formal administration that “is presumed to be reasonable”: $1,500 for an estate of $40,000 or less, an additional $750 for an estate above $40,000 and not exceeding $70,000, an additional $750 for one above $70,000 and not exceeding $100,000, and 3% on the next $900,000 — $15,000 on a $500,000 estate. The statute states the schedule as a presumption, not a fixed rate: §733.6171(2)(a) permits the attorney, the personal representative and the persons bearing the impact of the compensation to agree compensation determined in a different manner, §733.6171(2)(b)1 requires an attorney who intends to charge on the schedule to disclose in writing that “There is not a mandatory statutory attorney fee for estate administration”, §733.6171(2)(d) provides that an attorney who does not make the required disclosures may not be paid without prior court approval or the written consent of all interested parties, and §733.6171(5) lets the court increase or decrease the compensation for ordinary services of the attorney on the petition of any interested person. The personal representative’s own commission is treated the same way by §733.617(2) — the schedule is what “is presumed to be reasonable compensation”, not a fixed fee, and §733.617(7) lets the court increase or decrease it — and §733.617(4) permits the representative to renounce the right to all or any part of the compensation. Summary administration under §735.201 is a separate procedure with its own threshold, cited above.
Common questions
Are probate attorney fees mandatory in Florida?
No. §733.6171(3) states the percentages are “presumed to be reasonable”, and §733.6171(2)(b)1 requires the attorney to disclose in writing that “There is not a mandatory statutory attorney fee for estate administration”. §733.6171(2)(a) provides that the attorney, the personal representative and the persons bearing the impact of the compensation may agree compensation determined in a different manner.
Who pays the probate attorney in Florida?
The fee is paid out of the estate’s assets, not the personal representative’s pocket. It’s one of the estate’s administration expenses, paid before distributions to beneficiaries.
How much is probate for a small estate in Florida?
If the estate qualifies for summary administration (≤$75,000 after deducting property exempt from creditor claims, or 2+ years since death), the court filing maximum is $344 for an estate valued at $1,000 or more — $340 under Fla. Stat. §28.2401(1)(e) plus the $4 charge under §28.2401(3) — against $399 for formal administration.
Does the personal representative also get paid?
Yes — a separate commission on a similar 3% scale, which §733.617(2) states is presumed to be reasonable compensation rather than fixing it. §733.617(4) permits the representative to renounce all or any part of it.
Related reading
- Do You Have to Go Through Probate in Florida if There’s a Will?
- How Long Does Probate Take in Florida Without a Will?
- Estate Planning in Florida: The Complete Guide
- Probate Cost in Florida
- What Is Probate and How Does It Work?
Educational information only — not legal advice. Florida probate fees vary by estate and can be negotiated; the statutory schedule is a presumption, not a mandate. Confirm current figures and your specific situation with a licensed Florida attorney. Sources: Fla. Stat. §§28.2401, 733.617, 733.6171, 735.201.