Florida Probate Costs and Attorney Fees Explained

Florida probate costs typically run between roughly 3% and 7% of the gross estate, and they fall into three buckets: court and filing fees (a few hundred dollars), administrative costs (appraisals, bonds, certified copies, publication), and attorney fees. For estates that go through formal administration, Florida law sets a presumptively reasonable attorney fee tied to the size of the estate under Florida Statutes § 733.6171. When someone dies without a will in Palm Beach County, the same fee structure applies—but the absence of a will often adds steps, heirs to locate, and disputes that quietly push the total higher.

I’ve handled probate in Palm Beach for long enough to know that the question clients actually ask—”what is this going to cost me?”—rarely gets a straight answer online. So let’s give you one. Below is how the numbers really work in Florida, where the surprises hide, and why intestate (no-will) estates deserve special attention.

The Three Categories of Florida Probate Costs

Every Florida probate generates expenses in three predictable categories. Understanding which is fixed, which is negotiable, and which is statutory is the first step to controlling the bill.

• Court and filing fees. The clerk of court in Palm Beach County charges a filing fee to open a probate case—currently around $400 for formal administration and roughly $235 for summary administration. Add modest charges for certified letters of administration, recording, and certified copies.
• Administrative and out-of-pocket costs. These include the cost of publishing the Notice to Creditors in a local newspaper, appraisal fees for real property or unusual assets, a fiduciary bond if the court requires one, postage, accounting work, and recording fees for deeds.
• Professional fees. Attorney fees and, where applicable, compensation for the personal representative. These are usually the largest line item, and they’re the ones people misunderstand most.

The filing fees and administrative costs are largely unavoidable and roughly the same whether or not there’s a will. The professional fees are where the real money lives—and where the no-will factor matters most.

How Florida Attorney Fees Are Calculated

This is the part that catches people off guard. In many states, you negotiate an hourly rate or a flat fee and that’s that. Florida is different. Section 733.6171 of the Florida Statutes provides a schedule of fees that are presumed reasonable for ordinary services in a formal administration, calculated as a percentage of the compensable value of the estate (generally the inventory value plus income earned during administration).

The statutory schedule works in tiers. Paraphrasing the structure:

1. $1,500 for estates valued at $40,000 or less.
2. An additional $750 for the value between $40,000 and $70,000.
3. An additional $750 for the value between $70,000 and $100,000.
4. 3% of the value between $100,000 and $1 million.
5. 2.5% of the value between $1 million and $3 million.
6. 2% of the value between $3 million and $5 million.
7. 1.5% of the value between $5 million and $10 million.
8. 1% of the value above $10 million.

So a $500,000 estate carries a presumptively reasonable attorney fee in the neighborhood of $15,000 (the base for the first $100,000 plus 3% of the next $400,000). Here’s the catch many families don’t realize: this percentage is based on the gross value of the probate estate, not the net. A homestead with a $300,000 mortgage still counts at its full appraised value for this calculation.

A few things worth knowing:

• The statutory fee is a presumption, not a mandate. You and your attorney can agree in writing to a lower flat fee or an hourly arrangement, and many estates are better served that way.
• “Extraordinary services”—will contests, dealing with adversary proceedings, selling real estate, handling tax controversies, or litigation—can be billed in addition to the ordinary fee.
• The personal representative is separately entitled to compensation under § 733.617, using a similar percentage schedule. In a family estate, the personal representative often waives this.

If the statutory percentage feels steep for a simple estate, say so. A reasonable Florida probate attorney will discuss a fee that reflects the actual work involved rather than defaulting to the schedule.

Summary Administration vs. Formal Administration: The Single Biggest Cost Lever

The most powerful way to reduce probate cost in Florida isn’t haggling over fees—it’s qualifying for the right kind of probate. Florida offers two main paths, plus a streamlined option for tiny estates.

Summary Administration

Under § 735.201, an estate qualifies for summary administration if the value of the probate assets (excluding the homestead) is $75,000 or less, or if the decedent has been dead for more than two years. Summary administration skips the appointment of a personal representative and resolves the estate through a single petition and order. It’s faster and dramatically cheaper—attorney fees for a clean summary administration in Palm Beach often run a fraction of a formal case.

Formal Administration

Most estates above $75,000 with assets that need active management go through formal administration under Chapter 733. This is where the statutory fee schedule, letters of administration, the Notice to Creditors, and the three-month creditor claim period all come into play. Expect the process to take six months to a year for a straightforward estate, and longer when complications arise.

Disposition Without Administration

For very small estates—essentially where assets only cover final medical and funeral expenses—Florida allows an informal “disposition without administration” that often requires no attorney at all. It’s narrow, but worth asking about.

Why Intestate (No-Will) Estates Often Cost More

This site focuses on estates where there’s no will, and for good reason: dying intestate reliably makes probate more expensive—not because the court charges more, but because the work multiplies.

When there’s no will, Florida’s intestacy statutes (§§ 732.101–732.103) decide who inherits. That sounds tidy, but in practice it generates extra cost in several ways:

• Heir identification. Without a will naming beneficiaries, the attorney must establish the legal heirs—sometimes tracking down estranged relatives, half-siblings, or descendants of predeceased children. Heir searches and the legal work to document them add hours.
• No nominated personal representative. A will names who should serve. Without one, § 733.301 sets the priority, and when multiple heirs have equal standing, they sometimes fight over who gets appointed. That’s “extraordinary services” territory.
• Bond requirements. A will can waive the personal representative’s bond. In an intestate estate, the court is more likely to require a bond, which carries an annual premium.
• Disputes among heirs. When the law—not the deceased—decides who gets what, surviving family members are more inclined to contest. Spousal elective share questions, paternity issues, and homestead disputes all surface more often when there’s no clear written intent.

I’ve seen a modest intestate estate balloon in cost simply because two adult children couldn’t agree on who would administer it. That kind of conflict is a contest waiting to happen, and the rules for challenging a probate proceeding can be intricate—much like the framework our colleagues describe for . The principle travels: ambiguity invites litigation, and litigation is expensive.

A Realistic Cost Range for a Palm Beach Probate

Numbers help, so here’s a grounded picture for Palm Beach County, assuming no major litigation:

• Summary administration (estate under $75,000): often $2,500–$4,500 in total attorney fees plus a few hundred in costs.
• Formal administration, straightforward $400,000 estate: roughly $12,000–$15,000 under the statutory schedule, plus $1,000–$2,000 in filing, publication, and certified-copy costs.
• Contested or complex estate: add extraordinary fees that can reach into the tens of thousands, depending on the dispute.

These are illustrations, not quotes—every estate is different. But they reflect the reality that the headline percentage matters less than whether your estate qualifies for the simpler track and whether the heirs cooperate.

Practical Ways to Keep Probate Costs Down

You have more control than you might think. A few strategies that genuinely move the needle:

• Negotiate the fee in writing. Ask whether a flat fee or hourly arrangement fits your estate better than the statutory percentage. Get the engagement terms in writing before work begins.
• Confirm eligibility for summary administration first. If you’re near the $75,000 threshold (homestead excluded) or past the two-year mark, this alone can cut costs by more than half.
• Keep the personal representative engaged. A responsive PR who gathers records, communicates with heirs, and avoids unnecessary disputes reduces billable hours.
• Avoid the next intestate estate. The cheapest probate is the one you plan around. A properly drafted will—and where appropriate, a revocable trust—can spare your family the added cost of intestacy. Our overview of Florida wills is a good starting point.

Probate isn’t only a Florida concern, of course. Families with assets or relatives in other states sometimes face parallel proceedings; for context on the out-of-state process, the team at Morgan Legal explains , and Morgan Legal’s covers the broader Florida landscape. If you want to walk through your specific situation, you can also reach our Palm Beach office or read more about how Florida probate works.

The Bottom Line

Florida probate costs are more predictable than most people fear and more controllable than they assume. The court fees are small, the administrative costs are manageable, and the attorney fees—while real—follow a published statutory schedule you can plan around. The two variables that move your total the most are whether your estate qualifies for summary administration and whether there’s a will. In Palm Beach, intestate estates consistently cost more because they require extra work to identify heirs, appoint a representative, and resolve disputes the deceased never addressed. Knowing that in advance is half the battle.

Frequently Asked Questions

How much does probate cost in Florida?

Total costs usually fall between about 3% and 7% of the gross estate. A clean summary administration may cost a few thousand dollars, while a formal administration of a $400,000 estate often runs $12,000–$15,000 in statutory attorney fees plus court and administrative costs.

Are Florida probate attorney fees set by law?

Florida Statutes § 733.6171 provides a tiered schedule of fees that are presumed reasonable for ordinary services, based on a percentage of the estate’s compensable value. It’s a presumption, not a requirement—you and your attorney can agree in writing to a flat or hourly fee instead.

Does an estate without a will cost more to probate in Florida?

Usually, yes. Intestate estates often require heir searches, contested appointment of a personal representative, a fiduciary bond, and resolution of disputes that a will would have prevented—all of which add to the bill even though the court’s base fees are the same.

Who pays the probate costs and attorney fees?

Probate costs and attorney fees are paid from the estate’s assets before distribution to heirs, not out of the personal representative’s or heirs’ own pockets. They reduce the net amount ultimately distributed to beneficiaries.

Frequently Asked Questions

How much does probate cost in Florida?

Total costs usually fall between about 3% and 7% of the gross estate. A clean summary administration may cost a few thousand dollars, while a formal administration of a $400,000 estate often runs $12,000-$15,000 in statutory attorney fees plus court and administrative costs.

Are Florida probate attorney fees set by law?

Florida Statutes Section 733.6171 provides a tiered schedule of fees that are presumed reasonable for ordinary services, based on a percentage of the estate’s compensable value. It’s a presumption, not a requirement-you and your attorney can agree in writing to a flat or hourly fee instead.

Does an estate without a will cost more to probate in Florida?

Usually, yes. Intestate estates often require heir searches, contested appointment of a personal representative, a fiduciary bond, and resolution of disputes that a will would have prevented-all of which add to the bill even though the court’s base fees are the same.

Who pays the probate costs and attorney fees?

Probate costs and attorney fees are paid from the estate’s assets before distribution to heirs, not out of the personal representative’s or heirs’ own pockets. They reduce the net amount ultimately distributed to beneficiaries.