How much does probate cost in Florida?
25 Jul 2026
Florida publishes a schedule for both sides, and both are presumed reasonable rather than fixed. The attorney’s is $3,000 on the first $100,000 then 3% of the next $900,000 — $15,000 on a $500,000 estate. The personal representative’s is 3% of the first $1,000,000 — also $15,000.
That is $30,000 in fees on a $500,000 estate if both are charged in full, plus up to $399 to open the case. But a presumption is not a price: the parties may agree otherwise, the attorney must disclose in writing that there is no mandatory statutory fee, and any interested person may ask the court to increase or decrease either figure.
Fla. Stat. §733.6171(3), read with §733.617(2) — The Florida Senate · Verified 25 Jul 2026
Informational only, not legal advice. Figures verified on the date stamped. Details: /disclaimer/
$1,500 up to $40,000, then two further $750 steps to $100,000, then 3% of the next $900,000 and lower rates above $1,000,000. Presumed reasonable, not mandatory — and the attorney must tell you so in writing before charging it.
Fla. Stat. §733.6171(3) · Verified 25 Jul 20263% of the first $1,000,000, then 2.5%, 2% and 1.5% on the bands above. Also presumed reasonable. Where the estate is $100,000 or more and there are two representatives, each may take a full commission.
Fla. Stat. §733.617(2) · Verified 25 Jul 2026Work it out on your own number
The calculator applies both Florida schedules to the value you enter and shows the working, with the statute cited underneath.
Enter any estate value and the calculator works both Florida schedules to the dollar, with the statute cited under the result and the verification date stamped on it. It opens on the calculator page, already set to Florida and to a $500,000 estate.
What each part costs
Every row is one figure, one source, one date. Where Florida fixes no price, the row says so instead of guessing.
| Fee | Amount or formula | Set by | Source | Verified |
|---|---|---|---|---|
| Attorney feeOrdinary services | $3,000 + 3% · 2.5% · 2% · 1.5% · 1%$1,500 for estates of $40,000 or less; a further $750 up to $70,000; a further $750 up to $100,000; then 3% of the next $900,000, 2.5% from $1m to $3m, 2% from $3m to $5m, 1.5% from $5m to $10m and 1% above $10m. Computed on the compensable value of the estate assets plus income earned during administration. | Statute — presumed reasonable | Fla. Stat. §733.6171(3) | 25 Jul 2026 |
| Personal representative feeThe executor or administrator | 3% · 2.5% · 2% · 1.5%3% of the first $1,000,000, 2.5% from $1m to $5m, 2% from $5m to $10m and 1.5% above $10m, on the compensable value of the estate. Where the compensable value is $100,000 or more and there are two representatives, EACH is entitled to a full commission. | Statute — presumed reasonable | Fla. Stat. §733.617(2) | 25 Jul 2026 |
| Court filing feeOpening the case | Up to $399The statute sets ceilings, not prices — the clerk may charge amounts “not to exceed” these, and some clerks charge less. Formal administration $395 plus a mandatory $4 service charge. Summary administration $340 + $4 where the estate is $1,000 or more, $230 + $4 below that. Foreign wills $230. Disposition without administration $230. Caveat $40. | Statewide statutory ceiling | Fla. Stat. §28.2401(1)(g) and (3) | 25 Jul 2026 |
| Newspaper publicationNotice to creditors | Not fixed by statuteThe law sets the schedule, not the price: once a week for two consecutive weeks, in a newspaper published in the county where the estate is administered, or one of general circulation there if none is published. A diligent search for reasonably ascertainable creditors, and personal service on them, is required as well. | The newspaper | Fla. Stat. §733.2121(2) | 25 Jul 2026 |
| BondRepresentative’s bond | No amount set by statuteA bond is required unless waived by the will or by the court. Florida states no formula and no default figure anywhere in the section — the court decides, and may later waive, require, increase, decrease or add surety. Banks and trust companies authorised to act are exempt. | Court’s discretion | Fla. Stat. §733.402 | 25 Jul 2026 |
“Presumed reasonable” is not the same as “this is what it costs.” §733.6171(2)(a) lets the parties agree on a different fee, and §733.6171(2)(b) requires the attorney to make five written disclosures first — including that there is no mandatory statutory fee and that the fee is subject to negotiation. An attorney who does not disclose may not be paid without prior court approval or the written consent of every interested party. Many Florida estates settle well below the scheduled figure.
What changes YOUR number in Florida
- The schedule is a starting point you may negotiate
- This is the single most important thing to know about Florida fees. The figures in §733.6171(3) are presumed reasonable, not fixed. Subsection (2)(a) expressly lets the parties agree otherwise, and subsection (5) lets any interested person petition the court to increase or decrease the fee against eleven listed factors. The same review power applies to the representative’s commission under §733.617(7), against nine factors.
- The fee can be paid twice over
- The attorney’s fee and the representative’s commission are separate entitlements. On a $500,000 estate charged in full that is $15,000 each, $30,000 together, before the filing fee and publication.
- Two co-representatives can double the commission
- §733.617(5): where the compensable value is $100,000 or more and there are two personal representatives, each is entitled to a full commission. With more than two, the amount two would receive is apportioned among them. A Florida estate with co-representatives can therefore pay the commission twice — which most readers do not expect.
- What the percentages are charged on
- The compensable value is the inventory value of the probate estate assets plus the income earned by the estate during administration. Extraordinary services — selling real property, running a business, tax proceedings, will contests — are charged on top under §733.6171(4) and §733.617(3).
- Whether a bond is needed
- Florida is unusual in stating no bond amount at all. §733.402 requires a bond unless the will or the court waives it, and the clerk approves it without a service fee, but the size is entirely for the court. The premium is a private surety rate, not a figure set by law.
Estates of $75,000 or less can use summary administration
Florida’s shortcut has two independent routes, and the second has no value limit at all.
- Value route — the entire estate subject to administration in Florida, less property exempt from creditors’ claims, does not exceed $75,000.
- Time route — the decedent has been dead for more than two years. There is no value limit on this route.
- Either route qualifies. You do not need both.
- Where there is a will, it must not direct administration as required by chapter 733. That bar applies only to testate estates.
- Available for both resident and non-resident decedents’ estates.
Fla. Stat. §735.201 — The Florida Senate · Verified 25 Jul 2026
Three tools, in the order most people need them
Florida probate cost questions
How much does a probate attorney cost in Florida?
§733.6171(3) sets a schedule that is presumed reasonable: $1,500 up to $40,000, two further $750 steps to $100,000, then 3% of the next $900,000. On a $500,000 estate that is $15,000. It is a presumption, not a price — the parties may agree on a different fee, and the attorney must disclose in writing that no mandatory statutory fee exists.
How much does the personal representative get paid in Florida?
3% of the first $1,000,000 of the compensable value, then 2.5%, 2% and 1.5% on the bands above — $15,000 on a $500,000 estate. Where the compensable value is $100,000 or more and there are two personal representatives, each is entitled to a full commission.
What does it cost to open a probate case in Florida?
Up to $399 for formal administration — a filing fee of up to $395 plus a mandatory $4 service charge. Summary administration is up to $344 where the estate is $1,000 or more. The statute sets ceilings rather than prices, so some clerks charge less.
How much is the newspaper notice in Florida probate?
Florida does not set that price. §733.2121(2) sets only the schedule: once a week for two consecutive weeks. The newspaper sets its own charge. Publication does not discharge the duty to search diligently for reasonably ascertainable creditors and serve them personally.
Is a bond always required in Florida probate?
A bond is required unless the will or the court waives it. Unlike most states, Florida sets no amount and no formula — §733.402 leaves the size entirely to the court, which may later waive, require, increase or decrease it, or require additional surety.
Sources & verification
Every figure on this page was checked against the official source on the date shown. Statutory figures are re-checked annually.
- Attorney fee — Fla. Stat. §733.6171(3)Verified 25 Jul 2026 · annual statutory re-check
- Personal representative fee — Fla. Stat. §733.617(2)Verified 25 Jul 2026 · annual statutory re-check
- Court filing fee — Fla. Stat. §28.2401(1)(g) and (3)Verified 25 Jul 2026 · annual statutory re-check
- Small-estate limit — Fla. Stat. §735.201Verified 25 Jul 2026 · annual statutory re-check
- Publication schedule — Fla. Stat. §733.2121(2)Verified 25 Jul 2026 · annual statutory re-check
- Bond — Fla. Stat. §733.402Verified 25 Jul 2026 · annual statutory re-check
Researched and verified by John Terra · Methodology
This page is information, not legal advice. Reading it does not create an attorney-client relationship. Laws and fee schedules change; every figure here was verified on the date stamped beside it. For advice about your own situation, consult an attorney licensed in Florida. Full terms: /disclaimer/
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