Florida Probate Attorney Fees

How Much Do Probate Attorney Fees Cost in Florida?

If you have been named as a personal representative of a loved one’s estate, one of your first questions is likely about cost — specifically, what probate attorney fees you should expect to pay in Florida. It is a fair question, and one that deserves a thorough, transparent answer grounded in the actual law.

Florida’s probate attorney fee framework is governed primarily by Florida Statutes § 733.6171 and § 733.6175, along with Florida Probate Rule 5.355. These provisions establish a structured system of “presumed reasonable” compensation based on the value of the estate, while also permitting alternative fee arrangements. Understanding how these fees work — and how they are regulated — is essential for any personal representative navigating the probate process.

At Zoecklein Law, we serve personal representatives and beneficiaries throughout Tampa, Lakeland, St. Petersburg, Brandon, Bradenton, and New Port Richey. This guide reflects the actual statutory framework and controlling Florida case law so that you can make informed decisions about your probate matter.

Florida’s Statutory Fee Schedule Under § 733.6171

The primary framework for probate attorney compensation is found in Florida Statutes § 733.6171(3). This statute establishes a tiered fee schedule based on the “compensable value” of the estate, which includes the inventory value of probate estate assets plus any income earned by the estate during administration. Importantly, homestead property is generally excluded from this calculation.

Under the statute, the following fees are “presumed to be reasonable” for ordinary services in a formal estate administration:

To illustrate what this means in practice:

It is critical to understand that these are presumed reasonable fees — not mandatory fees. The statute itself requires that attorneys disclose this distinction to personal representatives before using the statutory schedule.

Required Attorney Disclosures: The 2021 Amendments

The 2021 amendments to § 733.6171 significantly strengthened the disclosure requirements that attorneys must satisfy before charging fees based on the statutory schedule. Under § 733.6171(2)(b), an attorney intending to use the statutory fee schedule must make the following written disclosures to the personal representative:

1. There is no mandatory statutory attorney fee for estate administration.
2. The attorney fee is not required to be based on the size of the estate, and the presumed reasonable fee may not be appropriate in all estate administrations.
3. The fee is subject to negotiation between the personal representative and the attorney.
4. The selection of the attorney is at the discretion of the personal representative, who is not required to select the attorney who prepared the will.
5. The personal representative is entitled to a summary of ordinary and extraordinary services rendered at the conclusion of the representation.

The attorney must obtain the personal representative’s timely signature acknowledging these disclosures. If the attorney fails to make these required disclosures, § 733.6171(2)(d) provides that the attorney may not be paid for legal services without prior court approval of the fees or the written consent of all interested parties. This is a significant consequence — it means that noncompliance with the disclosure requirements can effectively delay or prevent fee collection entirely.

These disclosure requirements reflect a legislative recognition that the statutory fee schedule, while useful as a framework, is not always proportionate to the actual services rendered. As the Fourth District Court of Appeal demonstrated in Sitomer v. First of America Bank-Central, 667 So.2d 456 (Fla. 4th DCA 1996), statutory fees can sometimes be dramatically disproportionate to the work involved. In Sitomer, the court reduced a claimed statutory fee of $265,236.57 to $60,000 where the only Florida asset was a $104,000 timeshare unit.

Who Pays Probate Attorney Fees in Florida?

One of the most common questions personal representatives and beneficiaries ask is who bears the cost of probate attorney fees. The answer is straightforward: the estate pays.

Under Florida law, probate attorney fees are paid from the assets of the estate before any distributions are made to beneficiaries. This means all beneficiaries share equally in the cost burden. The personal representative is not personally responsible for paying attorney fees out of their own pocket, and no individual beneficiary’s inheritance is disproportionately impacted — the fees come “off the top.”

Florida Statutes § 733.6175(2) further provides that even the costs of court proceedings to determine reasonable compensation — including the attorney fees incurred in proving reasonableness — are paid from estate assets, unless the court finds the requested compensation to be “substantially unreasonable.” In that case, the attorney seeking excessive fees may bear those costs personally.

There are limited exceptions. In adversarial litigation — for example, when a beneficiary contests the will — parties may be responsible for their own legal costs unless the court orders otherwise. Additionally, when an estate lacks sufficient liquidity, beneficiaries may need to cover initial costs, which are later reimbursed from the estate.

The court also has discretion to apportion attorney fees among specific beneficiaries or interests. As recognized in Florida Jurisprudence, “all or any part of the costs and attorney’s fees to be paid from the estate may be assessed against one or more persons’ part of the estate in such proportions as the court finds to be just and proper.” See 18 Fla. Jur. 2d Decedents’ Property § 279.

Fee Models: Statutory Percentage, Flat Fee, and Hourly

While the statutory schedule provides the most commonly referenced framework, Florida law explicitly permits alternative compensation arrangements. Under § 733.6171(2)(a), the attorney, the personal representative, and persons bearing the impact of the compensation may agree to compensation determined in a different manner than the statutory schedule. The arrangement must be disclosed to parties bearing the compensation impact, and if no objection is made under the Florida Probate Rules, the alternative arrangement governs.

Florida courts have consistently upheld the validity of alternative fee structures. In Moyle v. Moschell & Moschell, 582 So.2d 111 (Fla. 3d DCA 1991), the Third District Court of Appeal upheld a fee award based on “all of the factors enumerated in the probate fee statute, including the time and labor reasonably expended and the reasonable hourly rate,” rejecting the argument that fees must be calculated solely on a percentage basis. Similarly, in In re Estate of McQueen, 699 So.2d 747 (Fla. 1st DCA 1997), the First District held that where parties agreed to hourly compensation, courts should not apply the statutory percentage formula.

In practice, probate attorneys in Florida typically use one of the following fee models:

Statutory Percentage-Based Fees. The attorney charges based on the § 733.6171(3) schedule. This provides predictability, but as Sitomer illustrates, it can result in fees disproportionate to the actual work involved — particularly for simple estates with high-value liquid assets.

Flat Fee Arrangements. Some attorneys offer a flat fee for straightforward probate matters, particularly summary administration proceedings. This is often the most cost-effective option for smaller, uncontested estates. Flat fees for summary administration typically range from $1,500 to $4,500 depending on complexity.

Hourly Rate. Attorneys charge based on time expended, typically ranging from $250 to $450 per hour depending on experience and market. This model is most common for complex estates or matters involving litigation.

Hybrid Arrangements. Many attorneys use a combination — for example, a flat fee for standard administration services with hourly billing for extraordinary services such as contested claims or litigation.

Extraordinary Services: When Fees Exceed the Statutory Schedule

The statutory fee schedule covers only “ordinary services” in a formal estate administration. Under § 733.6171(4), the attorney for the personal representative “shall be allowed further reasonable compensation for any extraordinary service.” The use of the word “shall” is significant — it means the court must award additional compensation upon proper proof.

The Second District Court of Appeal made this mandatory nature explicit in Baumann v. Estate of Blum, 898 So.2d 1106 (Fla. 2d DCA 2005), holding that “neither the general master nor the trial court has discretion to decline an award of fees for extraordinary services upon proper proof.” This means that if an attorney demonstrates qualifying extraordinary services were rendered, the court is obligated to provide additional compensation.

The statute provides a non-exclusive list of qualifying extraordinary services, including:

• Involvement in a will contest, will construction, contested claims, or any adversarial proceeding or litigation by or against the estate
• Elective share proceedings
• Tax advice on postmortem tax planning, including disclaimer, alternate valuation date, QTIP or reverse QTIP elections, GST exemption allocation, and other complex tax matters
• Representation in audit or any proceeding for adjustment, determination, or collection of taxes
• Preparation of the estate’s federal estate tax return (for which the statute establishes a specific presumptively reasonable fee of one-half of 1% up to $10 million and one-fourth of 1% on value exceeding $10 million)
• Purchase, sale, lease, or encumbrance of real property
• Legal advice regarding carrying on the decedent’s business
• Legal advice regarding homestead status or proceedings involving protected homestead
• Involvement in fiduciary, employee, or attorney compensation disputes
• Proceedings involving ancillary administration of assets not subject to administration in Florida

What constitutes an extraordinary service varies depending on many factors, including the size and complexity of the estate. However, the Fifth District Court of Appeal in Dew v. Nerreter, 664 So.2d 1179 (Fla. 5th DCA 1995), established an important limitation: no compensation is allowed for services that “tend to break down, subtract from or dissipate the estate” through prolonged litigation. This means that an attorney whose actions harm the estate rather than benefit it cannot recover fees for those services.

Court Review and Challenges to Attorney Fees

Florida law provides robust protections for beneficiaries against excessive attorney fees. The probate court maintains exclusive jurisdiction over attorney compensation disputes, as established by § 733.6175 and Florida Probate Rule 5.355.

Under Rule 5.355, any interested person who bears all or part of the impact of compensation payments may petition the court for review of both the propriety of the attorney’s employment and the reasonableness of the compensation. The rule explicitly provides that “any person who is determined to have received excessive compensation from an estate may be ordered to make appropriate refunds.”

The burden of proof in these proceedings falls squarely on the personal representative and the employed attorney. As the Second District Court of Appeal held in Faulkner v. Woodruff, 159 So.3d 319 (Fla. 2d DCA 2015), “attorneys had burden of proof to establish that their fees were reasonable.” The court further emphasized that § 733.6175 proceedings are “a part of the estate administration process” and that the probate court has “exclusive jurisdiction [over the matter of compensation] and is obligated to review estate fees upon the petition of a proper party.”

The First District reinforced the rigor required of this review in Estate of Brock, 695 So.2d 714 (Fla. 1st DCA 1996), holding that it was error to award attorney fees based solely on the personal representative’s testimony without independently evaluating whether the services were necessary and the fees reasonable.

When the court evaluates fee reasonableness under § 733.6171(5), it must consider ten specific statutory factors:

1. The promptness, efficiency, and skill with which the administration was handled
2. The responsibilities assumed by and the potential liabilities of the attorney
3. The nature and value of the assets affected by the decedent’s death
4. The benefits or detriments resulting to the estate from the attorney’s services
5. The complexity or simplicity of the administration and the novelty of issues presented
6. The attorney’s participation in tax planning and tax return preparation or review
7. The nature of probate, nonprobate, and exempt assets, expenses of administration, liabilities of the decedent, and compensation paid to other professionals
8. Any delay in payment of compensation after services were furnished
9. Any agreement relating to attorney compensation and whether written disclosures were timely made
10. Any other relevant factors

Summary Administration vs. Formal Administration: Comparing Costs

Not every estate requires the full formal administration process. Florida offers a simplified procedure called summary administration for qualifying estates, which can significantly reduce costs.

Summary Administration is available when the estate value (excluding exempt homestead property) does not exceed $75,000, or when the decedent has been dead for more than two years regardless of estate value. Because it involves fewer procedural steps and less court involvement, attorney fees for summary administration are typically substantially lower — often ranging from $1,500 to $4,500 as a flat fee.

Formal Administration is required for estates that exceed the summary administration threshold. This is where the statutory fee schedule under § 733.6171 applies. Formal administration involves appointing a personal representative, providing notice to creditors, marshaling assets, paying debts, and ultimately distributing remaining assets to beneficiaries.

Disposition Without Administration is available for very small estates where the decedent’s assets consist only of exempt personal property that does not exceed the total of preferred claims (funeral expenses, last illness costs). This is the least expensive option but has very limited applicability.

Additional Probate Costs Beyond Attorney Fees

Attorney fees represent the largest cost in most probate administrations, but they are not the only expense. A complete picture of probate costs includes:

Court Filing Fees. Filing fees vary by county but typically range from $300 to $400 for opening a probate case. In Hillsborough County, Pinellas County, Pasco County, and Polk County — the counties we serve most frequently — these fees are consistent with statewide norms.

Personal Representative Compensation. Under a parallel framework in Florida Statutes § 733.617, the personal representative is also entitled to reasonable compensation. The statutory schedule mirrors the attorney fee schedule, meaning total statutory compensation for both the attorney and personal representative combined can reach approximately 6% of the estate’s compensable value on the first $1 million.

Surety Bond Premiums. If the court requires a bond (which protects beneficiaries against mismanagement), the premium is paid from the estate.

Notice to Creditors Publication Fees. Florida law requires publication of a notice to creditors in a local newspaper, typically costing $100 to $200.

Certified Mail and Postage. Notices must be sent to known creditors and beneficiaries.

Appraisal and Asset Valuation. Complex estates with real property, business interests, or collectibles may require professional appraisals, which can range from a few hundred dollars to several thousand.

Accounting and Tax Preparation Fees. Estates may need to file income tax returns and, for larger estates, federal estate tax returns (Form 706).

Recording Fees. If real estate is transferred as part of the administration, recording fees apply.

Real-World Cost Examples

To give you a practical sense of total probate costs, here are three representative scenarios:

Scenario 1 — Small Estate, Summary Administration. An estate valued at $60,000 consisting of bank accounts and a vehicle. No real property (other than exempt homestead), no disputes, and a single beneficiary. Estimated costs: attorney fee of $1,500 to $3,000 (flat fee), court filing fees of approximately $350, publication costs of approximately $100. Total estimated cost: $2,000 to $3,500.

Scenario 2 — Moderate Estate, Formal Administration. An estate with a compensable value of $350,000 consisting of investment accounts, bank accounts, and a non-homestead rental property. Three beneficiaries, no disputes. Estimated costs: attorney fee of approximately $10,500 (statutory), personal representative compensation of approximately $10,500, filing fees of approximately $400, bond premium of approximately $500, publication costs of approximately $150, property appraisal of approximately $500. Total estimated cost: $22,000 to $25,000.

Scenario 3 — Complex Estate, Formal Administration with Litigation. An estate with a compensable value of $800,000 involving a contested will, real estate in multiple counties, and business interests. Estimated costs: attorney fee of approximately $24,000 (statutory for ordinary services), extraordinary service fees of $10,000 to $50,000+ (billed hourly for litigation), personal representative compensation, multiple appraisals, and potential expert witness costs. Total estimated cost: $50,000 to $100,000+.

Trust Administration Attorney Fees

It is worth noting that a related but separate compensation framework applies to attorneys retained for trust administration. Under Florida Trust Code § 736.1007, attorneys for trustees of revocable trusts may receive compensation using 75% of the probate fee schedule as a baseline for ordinary services, with similar provisions for extraordinary services. If your loved one established a revocable trust, the fee structure may differ from the probate schedule discussed above, though similar disclosure requirements and reasonableness standards apply.

Do You Need a Probate Attorney in Florida?

With limited exceptions, Florida law requires the personal representative to retain an attorney for formal administration. Florida Statutes § 733.6171 contemplates attorney representation as the standard, and the Florida Probate Rules are designed around the assumption that estates will be represented by counsel.

The narrow exception applies when the personal representative is the sole beneficiary of the estate and is also a member of The Florida Bar. In virtually all other circumstances, legal representation is required.

Even in summary administration — where attorney representation is not strictly required — retaining experienced counsel is strongly recommended. The personal representative has significant fiduciary duties to the estate and its beneficiaries. Errors in administration can result in personal liability, missed creditor claim deadlines, improper asset distributions, and other consequences that far exceed the cost of legal representation.

How to Reduce the Cost of Probate

The most effective way to reduce or avoid probate costs entirely is through proactive estate planning. Strategies include establishing a revocable living trust (which allows assets to pass through trust administration rather than probate), properly designating beneficiaries on retirement accounts and life insurance policies, using payable-on-death and transfer-on-death designations on bank and investment accounts, creating enhanced life estate deeds (Lady Bird deeds) for real property, and titling property as joint tenancy with rights of survivorship.

For estates that do require probate, costs can be minimized by maintaining organized financial records, ensuring the decedent’s will is properly executed and unambiguous, and engaging an experienced probate attorney early in the process to avoid procedural missteps that can increase time and expense.

Contact Zoecklein Law

If you are a personal representative, beneficiary, or someone planning your estate, Zoecklein Law can help you understand your options and the costs involved. We serve clients throughout Tampa, Lakeland, St. Petersburg, Brandon, Bradenton, and New Port Richey.

Contact us for a consultation to discuss your probate matter and understand the fee structure that makes sense for your situation.

Legal Authority Referenced

Statutes: – Fla. Stat. § 733.6171 — Compensation of attorney for the personal representative – Fla. Stat. § 733.6175 — Proceedings for review of employment of agents and compensation – Fla. Stat. § 733.617 — Compensation of personal representative – Fla. Stat. § 733.106 — Costs and attorney fees – Fla. Stat. § 736.1007 — Trust attorney compensation

Florida Probate Rules: – Fla. Prob. R. 5.355 — Proceedings for review of employment and compensation

Case Law: – Baumann v. Estate of Blum, 898 So.2d 1106 (Fla. 2d DCA 2005) — Courts must award extraordinary service fees upon proper proof – Faulkner v. Woodruff, 159 So.3d 319 (Fla. 2d DCA 2015) — Probate court exclusive jurisdiction over fee disputes; attorney burden of proof – Sitomer v. First of America Bank-Central, 667 So.2d 456 (Fla. 4th DCA 1996) — Statutory fees subject to adjustment based on reasonableness; $265,236 fee reduced to $60,000 – Moyle v. Moschell & Moschell, 582 So.2d 111 (Fla. 3d DCA 1991) — Hourly fee arrangements upheld as valid alternative to percentage-based compensation – In re Estate of McQueen, 699 So.2d 747 (Fla. 1st DCA 1997) — Agreed hourly compensation not subject to statutory percentage formula – Estate of Brock, 695 So.2d 714 (Fla. 1st DCA 1996) — Courts must independently evaluate necessity and reasonableness of services – Dew v. Nerreter, 664 So.2d 1179 (Fla. 5th DCA 1995) — No compensation for services that dissipate the estate – Townsend v. Mansfield, 329 So.3d 174 (Fla. 1st DCA 2021) — Appellate courts lack authority to award probate appeal attorney fees

Secondary Sources: – Belcher, Redfearn Wills & Administration in Florida §§ 7:12, 11:11 – 18 Fla. Jur. 2d Decedents’ Property § 279

FAQ

1. How much does a probate attorney cost in Florida? Florida Statutes § 733.6171 establishes a presumed reasonable fee schedule based on the estate’s compensable value, ranging from $1,500 for estates under $40,000 to percentage-based fees for larger estates (3% on amounts between $100,000 and $1,000,000, declining to 1% for amounts over $10 million). These fees cover ordinary services only; extraordinary services such as litigation or tax planning are compensated separately.
2. Who pays probate attorney fees in Florida? Attorney fees are paid from the assets of the estate before distributions are made to beneficiaries. The personal representative is not personally responsible for these costs. All beneficiaries share equally in the fee burden.
3. Are probate attorney fees negotiable in Florida? Florida Statutes § 733.6171(2) explicitly permits the attorney, personal representative, and affected parties to agree to alternative compensation arrangements, including flat fees and hourly rates. The statute requires attorneys to disclose that fees are subject to negotiation.
4. Do I need a probate attorney in Florida? With limited exceptions, Florida law requires the personal representative to retain an attorney for formal administration. The exception applies only when the personal representative is the sole beneficiary and a member of The Florida Bar.
5. What are extraordinary services in Florida probate? Extraordinary services include will contests, contested claims, elective share proceedings, tax planning and return preparation, real estate transactions, business continuation matters, and any adversarial litigation. Under Baumann v. Estate of Blum, 898 So.2d 1106 (Fla. 2d DCA 2005), courts must award fees for extraordinary services upon proper proof.
6. How much does summary administration cost in Florida? Summary administration is available for estates valued under $75,000 or when the decedent has been deceased for more than two years. Attorney fees for summary administration typically range from $1,500 to $4,500 as a flat fee, plus filing fees of approximately $300 to $400 and publication costs of approximately $100 to $200.
7. Can probate attorney fees be challenged in Florida? Under Florida Probate Rule 5.355, any interested person bearing the impact of compensation payments may petition the court for review. The burden of proving reasonableness falls on the attorney and personal representative, and the court may order refunds of excessive compensation.