Last updated: June 2026
For most Florida estates, the total cost of probate runs from roughly $3,500 on the low end (a simple summary administration) to about 4–7% of the estate’s value for a full formal administration — with the single biggest driver being attorney’s fees, which Florida law ties to the value of the estate. A typical $400,000 formal-administration estate sees roughly $12,000 in attorney’s fees, a $12,000 personal-representative commission (often waived by a family member), a ~$400 court filing fee, plus a few hundred dollars in publication and certified-copy costs. The good news: Florida’s “statutory” attorney fee is a presumption, not a mandatory price tag — it is negotiable, and many estates cost far less.
This page breaks down every component of Florida probate cost, shows the actual statutory fee schedules, and walks through a real dollar example.
What Determines the Cost of Probate in Florida
Probate cost in Florida is driven by four things:
1. The size of the estate. Both the attorney’s fee and the personal representative’s commission are calculated as a percentage of the estate’s value under Florida statute. A larger estate generally means larger fees. 2. The type of administration. A summary administration (for smaller or older estates) is dramatically cheaper than a formal administration because it skips the appointment of a personal representative and most of the ongoing court supervision. 3. Whether the estate is contested or complicated. Will contests, creditor disputes, selling real estate, tax issues, and litigation are all billed as extraordinary services on top of the base fee. 4. Hard costs. Court filing fees, the legally required newspaper publication of the Notice to Creditors, certified copies, and any appraisals or bonds.
The largest single line item in almost every Florida probate is the attorney’s fee, so that is where we start.
The Statutory Attorney-Fee Schedule (§ 733.6171)
Florida Statute § 733.6171 sets a fee schedule for the attorney who represents the personal representative. A fee based on this schedule is presumed reasonable — but it is important to understand what that does and does not mean.
It is not a mandatory fee. The statute itself requires the attorney to disclose, in writing, that “there is not a mandatory statutory attorney fee for estate administration,” that the fee is “subject to negotiation,” and that the schedule “may not be appropriate in all estate administrations.” (§ 733.6171(2).) Many firms — including ours — will quote a flat fee or an hourly arrangement that comes in below the statutory presumption for a straightforward estate.
When the statutory schedule is used, the presumed-reasonable fee for ordinary services in a formal administration is:
| Compensable value of the estate | Presumed reasonable attorney fee |
|---|---|
| $40,000 or less | $1,500 |
| More than $40,000 up to $70,000 | + $750 |
| More than $70,000 up to $100,000 | + $750 |
| Over $100,000 up to $1 million | 3% of the amount over $100,000 |
| Over $1 million up to $3 million | 2.5% |
| Over $3 million up to $5 million | 2% |
| Over $5 million up to $10 million | 1.5% |
| Over $10 million | 1% |
So an estate worth exactly $100,000 carries a presumed attorney fee of $3,000 ($1,500 + $750 + $750). Above that, the percentage tiers kick in.
“Compensable value” is the inventory value of the probate assets plus income earned by the estate during administration. Note that it is based on the gross value of the probate estate — it is not reduced by the mortgage or other debts on the property.
Extraordinary Services Cost Extra
The schedule above covers ordinary services only. Florida law (§ 733.6171(4)) allows additional, reasonable fees for extraordinary services, which include:
- Will contests, will construction, and any adversarial litigation by or against the estate;
- Selling, leasing, or mortgaging estate real property;
- Tax advice, estate-tax returns, and IRS audits;
- Issues involving the homestead status of real property;
- Carrying on the decedent’s business; and
- Ancillary administration of out-of-state assets.
This is why a contested estate or one that has to sell a house can cost considerably more than the base schedule suggests.
Personal Representative Compensation (§ 733.617)
The personal representative (executor) is also entitled to a commission, separate from the attorney’s fee. Under § 733.617, the presumed-reasonable commission in a formal administration is:
| Compensable value of the estate | Presumed reasonable PR commission |
|---|---|
| First $1 million | 3% |
| Over $1 million up to $5 million | 2.5% |
| Over $5 million up to $10 million | 2% |
| Over $10 million | 1.5% |
A few practical points:
- The PR commission is in addition to the attorney’s fee. They are two separate compensation schemes.
- A personal representative who is also a family member and beneficiary very often waives the commission — there is little point taking a taxable 3% fee out of an estate you are inheriting from. The statute expressly allows the PR to “renounce the right to all or any part of the compensation.” (§ 733.617(4).)
- The PR may also be allowed extra compensation for extraordinary services such as selling real property or running the decedent’s business. (§ 733.617(3).)
Court Filing Fees and Other Hard Costs (by County)
The court filing fee is set by Fla. Stat. § 28.2401 and is essentially uniform statewide. The statutory caps are $395 for a formal administration, $340 for a summary administration of an estate worth $1,000 or more, and $230 for a summary administration under $1,000. In practice the local clerks post slightly higher posted figures because the statute adds a small court-education service charge.
Here are the current posted filing fees for the counties we serve:
| County | Formal Administration | Summary Administration (≥ $1,000) | Summary Administration (< $1,000) |
|---|---|---|---|
| Hillsborough | $400 | $345 | $235 |
| Pinellas | $400 | $345 | $235 |
| Pasco | $400 | confirm with clerk (statutory $340) | confirm with clerk (statutory $230) |
| Polk | ~$400 (confirm with clerk) | ~$345 (confirm with clerk) | ~$235 (confirm with clerk) |
Filing fees change and vary slightly by county. Always confirm the current figure with the clerk of court for the county where the estate is being administered.
Beyond the filing fee, expect these additional hard costs:
- Newspaper publication of the Notice to Creditors — typically $100–$400, depending on the publication and county. (Florida law requires the notice to be published once a week for two consecutive weeks.)
- Certified copies of Letters of Administration and court orders — a few dollars per page (e.g., $2 per certification in Hillsborough and Pinellas).
- Postage / certified mail to creditors and beneficiaries.
- Appraisals or accountings, if needed.
- A bond, if the will does not waive it and the court requires one.
Summary vs. Formal Administration: The Cost Difference
The single biggest lever on probate cost is which kind of probate you qualify for.
Summary administration is available when the probate estate is worth $75,000 or less, or when the decedent has been dead for more than two years. It skips the appointment of a personal representative and most of the ongoing supervision. There is no statutory percentage fee schedule that fits it well, so attorneys usually handle it on a flat fee — commonly in the $2,000–$4,000 range all-in, including the lower filing fee.
Formal administration is the full process: a personal representative is appointed, Letters of Administration are issued, creditors are noticed, and the estate is administered under court supervision. This is where the § 733.6171 attorney-fee schedule and the § 733.617 PR commission apply, and where total costs commonly land in the 4–7% of estate value range for an uncontested estate.
If your loved one’s estate may qualify for summary administration, that determination alone can save thousands of dollars — and it is one of the first things we evaluate.
A Worked Example: A $400,000 Formal-Administration Estate
Suppose a parent passes away owning a $400,000 estate (a paid-off home plus bank accounts), the will nominates an adult child as personal representative, and the estate is uncontested. Here is how the cost breaks down using the statutory schedules:
Attorney’s fee (§ 733.6171), if billed on the statutory schedule:
- First $100,000 → $1,500 + $750 + $750 = $3,000
- Next $300,000 (the amount from $100,000 to $400,000) × 3% = $9,000
- Attorney fee subtotal: $12,000
Personal representative commission (§ 733.617):
- 3% of $400,000 = $12,000
- But if the adult child serving as PR waives the commission (common when the PR is also a beneficiary), this drops to $0.
Hard costs:
- Court filing fee: ~$400
- Notice to Creditors publication: ~$200
- Certified copies, postage, misc.: ~$150
- Hard-cost subtotal: ~$750
Total range for this estate:
- With PR commission waived: roughly $12,750
- With PR commission taken: roughly $24,750
That spread — driven almost entirely by whether the PR takes a commission and whether the attorney charges the full statutory presumption — is exactly why it pays to talk through the numbers up front. On a clean, uncontested $400,000 estate, many families pay closer to the lower figure.
Ways to Reduce the Cost of Probate
- Negotiate the attorney’s fee. The statutory schedule is a ceiling-style presumption, not a requirement. Ask about a flat fee for a straightforward estate.
- Waive the personal representative commission when the PR is also a beneficiary.
- Use summary administration if the estate qualifies ($75,000 or less, or more than two years since death).
- Plan ahead to avoid probate entirely. Assets held in a revocable living trust, accounts with payable-on-death / transfer-on-death designations, jointly titled property with survivorship, and proper beneficiary designations all pass outside probate — meaning no filing fee and no statutory percentage fee on those assets.
- Keep the estate uncontested. Litigation and will contests are billed as extraordinary services and are the fastest way to multiply the cost.
Frequently Asked Questions
How much does probate cost in Florida? For a simple summary administration, expect roughly $2,000–$4,000 all-in. For a formal administration, total costs commonly run about 4–7% of the estate’s value, driven mainly by the attorney’s fee (set by a statutory schedule), an optional personal-representative commission, a court filing fee of about $400, and a few hundred dollars in publication and copy costs.
Are Florida probate attorney fees set by law? There is a statutory presumption of reasonableness under § 733.6171 — for example, $3,000 on a $100,000 estate, plus 3% of value above $100,000 up to $1 million — but the statute itself states the fee is not mandatory and is negotiable. Many estates are handled for less.
How much does the executor (personal representative) get paid in Florida? Under § 733.617, the presumed commission is 3% of the first $1 million of the estate, then lower percentages above that. The personal representative may waive the commission, and family members serving as PR frequently do.
How much is the court filing fee for probate in Florida? About $400 for a formal administration and $235–$345 for a summary administration, depending on the estate’s value and county. The underlying statutory amounts are set by Fla. Stat. § 28.2401; always confirm the current figure with your county clerk.
Can I avoid probate costs altogether? Often, yes — through advance planning. Assets in a revocable living trust, jointly titled property with right of survivorship, and accounts with valid payable-on-death or beneficiary designations pass outside probate, avoiding both the filing fee and the statutory percentage fees.
Talk to a Florida Probate Attorney
Every estate is different, and the difference between summary and formal administration — or between taking and waiving the PR commission — can mean thousands of dollars. Before you assume probate will cost a percentage of everything your loved one owned, get a clear, itemized picture. Call (877) 206-0022 for a free consultation. Zoecklein Law, P.A. handles probate and estate administration throughout Hillsborough, Pinellas, Pasco, and Polk Counties and across Florida.
Related reading: Handling an estate in St. Petersburg or Clearwater? Talk to a Pinellas County probate lawyer.