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.
The short answer
Florida does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.
Attorney fees
Fla. Stat. §733.6171 presumed-reasonable schedule: $1,500 on first $40k; $2,250 next $30k; $3,000 next $30k; 3% on next $900k; 2.5% next $2M; 2% next $2M; 1.5% next $5M; 1% above $10M.
Executor / personal representative fees
Fla. Stat. §733.617 sets personal representative fees on the same kind of sliding scale: 3% of first $1M, 2.5% next $4M, 2% next $5M, 1.5% above $10M.
What the fee is based on
Florida fees are presumed reasonable but the court can adjust them. Both attorney and personal representative fees apply.
Court filing fees
Approximately $400 for formal administration; $235 for summary administration.
Appraisal / probate referee
Not used. Personal representative arranges appraisals as needed.
How long probate takes in Florida
6 to 12 months for formal administration; a few months for summary administration. Contested estates, missing heirs, or real estate sales can extend that.
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. In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.
How to skip full probate (or shrink the bill)
- Small-estate procedure. Summary administration is available when the estate (excluding homestead) is $75,000 or less, OR the decedent has been deceased more than two years.
- Real-property shortcut. 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.
- A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
- Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
- Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.
Do you need a lawyer?
For most Florida estates that go through full probate, yes — the court process has formal requirements and missed deadlines can cost more than the legal fees they were meant to avoid. For genuinely simple estates, or where a small-estate procedure applies, many families handle it themselves or use a legal document preparer for a flat fee.
The honest takeaway
The cheapest probate cost is the one you avoid in advance — by titling assets correctly, keeping beneficiary designations current, and, where it makes sense, using a living trust. If your estate is likely to exceed Florida’s small-estate thresholds, it’s worth talking to a licensed Florida estate attorney while you still have the option to plan.
Related reading
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What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.
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How to Avoid Probate in Florida — the state-specific avoidance playbook.
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How Long Does Probate Take in Florida? — the companion timeline guide for Florida.
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What Happens If You Die Without a Will in Florida? — how Florida splits an estate when there is no will.
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Will vs. Trust: Which Do You Need? — for Florida residents weighing whether a trust is worth it.
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Estate Planning Checklist: Everything in One Place — the documents and decisions that make probate easier (or unnecessary).
This page explains Florida probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Florida courts or a licensed Florida attorney. Sources: Fla. Stat. §733.6171, Fla. Stat. §733.617, Fla. Stat. §733.702, Fla. Stat. §733.710, Fla. Stat. §735 (summary administration).