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.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Florida reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Florida probate pages.
Florida probate fees
| Item | Florida |
|---|---|
| Court filing fee | Approximately $400 for formal administration; $235 for summary administration. |
| 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. |
| Fee basis | statutory |
| Appraisal / referee | Not used. Personal representative arranges appraisals as needed. |
Worked example
On a $500,000 Florida estate, the presumptively reasonable personal-representative commission is $15,000 (3% applies to the whole estate since it's under $1 million). The estate's attorney is entitled to a separate, also presumptively reasonable, fee under §733.6171.
Florida thresholds and deadlines
| Item | Florida |
|---|---|
| Small-estate threshold | Summary administration is available when the estate (excluding homestead) is $75,000 or less, OR the decedent has been deceased more than two years. |
| 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. |
| Typical duration | 6 to 12 months for formal administration; a few months for summary administration. |
| Simplified real-property transfer | 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. |
What passes outside Florida probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- 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.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: Fla. Stat. §733.6171; Fla. Stat. §733.617; Fla. Stat. §733.702; Fla. Stat. §733.710; Fla. Stat. §735 (summary administration)
- State authority: The Florida Bar (floridabar.org)
- Attorney fees: https://www.flsenate.gov/Laws/Statutes/2024/733.6171
- Executor fees: https://www.flsenate.gov/Laws/Statutes/2024/733.617
- Small-estate procedure: https://www.flsenate.gov/Laws/Statutes/2024/735.201
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Florida court before relying on it.
The full Florida guides
- How Much Does Probate Cost in Florida? — the full cost breakdown.
- How Much Does an Executor Get Paid in Florida? — the fee rule in detail.
- How Long Does Probate Take in Florida? — the timeline and its statutory floor.
- Executor Deadlines in Florida — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in Florida — the transfers that pass outside it.
- How Much Does a Will Cost in Florida? — execution requirements and pricing.
Fee sheets for other states
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This sheet sets out Florida probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Florida courts or a licensed Florida attorney.