Educational guide — not legal advice. Fees vary and can be negotiated. Always get a written fee agreement before hiring a Florida probate attorney.
The short answer
Florida is one of the few states that spells out probate attorney fees in statute. Under Fla. Stat. §733.6171, these fees are “presumed reasonable” for ordinary services in a formal administration:
| Estate value (compensable) | Presumed-reasonable attorney fee |
|---|---|
| First $40,000 | $1,500 |
| $40,000–$70,000 | + $2,250 |
| $70,000–$100,000 | + $3,000 |
| $100,000–$1,000,000 | + 3% |
| $1M–$3M | + 2.5% |
| $3M–$5M | + 2% |
| $5M–$10M | + 1.5% |
| Over $10M | + 1% |
So the fee builds up in tiers. A few worked examples:
- $100,000 estate: $1,500 + $2,250 + $3,000 = $6,750
- $300,000 estate: $6,750 + 3% × $200,000 = $12,750
- $500,000 estate: $6,750 + 3% × $400,000 = about $18,750 (often quoted around “$15,000” as a rule of thumb)
- $1,000,000 estate: $6,750 + 3% × $900,000 = $33,750
Figures from the §733.6171 schedule. “Compensable value” is generally the inventory value of the probate estate plus income — not reduced by the mortgage.
The key point: “presumed reasonable” is not “mandatory”
This is the part that saves people money. The statutory percentages are a default presumption, not a fixed price. You and the attorney are free to agree in writing to a different fee — a flat fee or hourly billing — and for a straightforward estate, many Florida attorneys will quote less than the statutory percentage.
If an attorney simply invokes the percentage for a simple estate, it’s reasonable to ask: “Can we do this as a flat fee instead?” For an uncomplicated $400,000 estate with one heir and no disputes, a flat fee well below $12,000 is often available. Always get the fee arrangement in writing up front (Florida requires written disclosure of the fee basis).
Don’t forget the personal representative’s fee
The personal representative (Florida’s term for executor) can charge a separate fee, set on a similar sliding scale under Fla. Stat. §733.617: 3% of the first $1M, 2.5% of the next $4M, and so on. Family members serving as PR often waive this fee — especially when they’re also a beneficiary, since a waived fee leaves more in the estate (and a fee is taxable income to the PR, while an inheritance generally isn’t).
So a full picture of “what probate costs” in Florida is attorney fee + PR fee + court costs (~$400 for formal administration) + any extraordinary fees.
Extraordinary fees (when the bill grows)
The schedule covers ordinary services. Attorneys can charge extra for “extraordinary” services — will contests, selling real estate, tax disputes, litigation, running a business in the estate. If your estate involves any of these, expect additional fees on top of the schedule. Ask the attorney to identify likely extraordinary services up front.
The cheaper path: summary administration
Not every Florida estate needs full formal administration. Summary administration is available when the probate estate (excluding the homestead) is $75,000 or less, or the person has been deceased more than two years (Fla. Stat. Chapter 735). It’s faster and far cheaper — court filing is about $235 versus $400, and attorney fees are a fraction of the formal-administration schedule because there’s much less work. If your estate qualifies, this is the route to ask about.
For the full cost picture beyond attorney fees, see Probate Cost in Florida.
What counts toward the fee
The percentage is applied to the “compensable value” of the estate — generally the inventory value of the probate assets plus income the estate earns during administration. A key point that trips people up: it’s based on the gross value of the probate estate, not reduced by the mortgage on a home. A $400,000 house with a $250,000 mortgage still counts as $400,000 for the fee calculation.
Equally important is what’s not in the compensable value: assets that pass outside probate don’t count at all. Life insurance with a named beneficiary, retirement accounts, payable-on-death accounts, jointly owned property, and assets in a living trust are excluded — which is another reason probate-avoidance planning lowers the eventual fee. The smaller the probate estate, the smaller the percentage-based bill.
Do you need a lawyer for Florida probate?
For most estates, yes. Florida generally requires a licensed attorney to handle a formal administration — a personal representative usually can’t represent the estate themselves, because they’re acting on behalf of the beneficiaries and creditors. The main exception is when the personal representative is the sole interested person (the only beneficiary and the only one with a claim), or in a summary administration where the single petitioner is the only interested party.
So the attorney fee isn’t always optional — but the amount is negotiable, and choosing summary administration (when you qualify) or avoiding probate entirely is how you keep it down. This is the practical reason Florida families with simple estates lean on summary administration or living trusts.
Ways to pay less
- Negotiate a flat fee. The statutory percentage is a ceiling you can talk down for simple estates.
- Use summary administration if you qualify (≤$75k excluding homestead, or 2+ years since death).
- Have the PR waive their fee when they’re also a beneficiary.
- Avoid probate in the first place. Assets in a funded living trust, with named beneficiaries, or jointly owned skip probate — and the attorney fee — entirely. See Estate Planning in Florida.
- Comparison-shop. Get written quotes from two or three probate attorneys.
The honest takeaway
Florida probate attorney fees are roughly 3% of the estate under the statutory schedule — about $15,000 on a $500,000 estate — but that number is a presumption you can negotiate down, not a fixed price. For simple estates, ask for a flat fee, check whether summary administration applies, and have the personal representative waive their separate fee if they’re inheriting anyway. And the cheapest probate of all is the one you avoid by planning ahead.
Common questions
Are probate attorney fees mandatory in Florida?
No. The §733.6171 percentages are “presumed reasonable,” not required. You can agree in writing to a lower flat or hourly fee, and for simple estates attorneys often will.
Who pays the probate attorney in Florida?
The fee is paid out of the estate’s assets, not the personal representative’s pocket. It’s one of the estate’s administration expenses, paid before distributions to beneficiaries.
How much is probate for a small estate in Florida?
If the estate qualifies for summary administration (≤$75,000 excluding homestead, or 2+ years since death), costs are much lower — roughly a $235 court filing plus a modest attorney fee, often a low flat rate.
Does the personal representative also get paid?
Yes — a separate fee on a similar 3% scale under §733.617, though family members who are also beneficiaries often waive it.
Related reading
- Do You Have to Go Through Probate in Florida if There’s a Will?
- How Long Does Probate Take in Florida Without a Will?
- Estate Planning in Florida: The Complete Guide
- Probate Cost in Florida
- What Is Probate and How Does It Work?
Educational information only — not legal advice. Florida probate fees vary by estate and can be negotiated; the statutory schedule is a presumption, not a mandate. Confirm current figures and your specific situation with a licensed Florida attorney. Sources: Fla. Stat. §§733.6171, 733.617, Chapter 735; The Florida Bar.