Florida Probate Costs
How Much Does Probate Cost in Florida?
Florida probate involves multiple cost categories — attorney fees, court filing fees, executor compensation, and appraiser costs — for estates above the $75,000 probate threshold. Attorney fees alone start at $6,000, set by statutory schedule.
Florida Probate Cost Summary
Attorney Fees
$6,000+
Statutory % of estate value
Court Filing Fees
$400–$1,500+
Varies by county and estate size
Executor Compensation
Statutory %
Set by state statute
Attorney Fees in Florida
Attorney fees are typically the largest single cost in a Florida probate case. Florida sets attorney fees by statute, calculated on the gross estate value — meaning the fee is based on the total value before debts, not the net amount heirs actually receive.
Florida Fee Structure
Statutory fee: $1,500 flat for estates up to $40,000, plus $750 for $40,000–$70,000, plus $750 for $70,000–$100,000, then 3% of the next $900,000 (up to $1M), 2.5% of the next $2M (up to $3M), 2% of the next $2M (up to $5M); extraordinary fees available
For most Florida estates, attorney fees start at $6,000 and can reach $18,000+ for complex estates involving real estate, business interests, contested wills, or significant creditor claims.
Court & Filing Fees in Florida
Court fees are paid to the courthouse where the probate case is filed. These fees are separate from attorney fees and are required at various stages of the proceeding. Exact amounts vary by county, but the typical categories include:
Amounts above are approximate ranges. Actual court fees in Florida vary by county — contact the local probate court for current fee schedules.
Executor Compensation in Florida
Florida sets personal representative compensation by statute at 3% of the first $1 million in estate value, 2.5% of amounts between $1M and $5M, 2% of amounts between $5M and $10M, and 1.5% above $10M. On a $400,000 estate, the statutory personal representative fee would be $12,000.
Other Probate Costs to Expect
Estate appraisal fees
Real estate and personal property must be appraised at date-of-death value; typically $300–$600 per property for real estate
Accounting fees
If the estate requires formal accountings, a CPA may be needed to prepare estate income tax returns and accountings
Surety bond premium
If a bond is required and not waived in the will, the executor must purchase a bond — typically 0.5–1% of the bond amount annually
Real estate carrying costs
Property taxes, insurance, and maintenance on estate real estate continue until the property is transferred or sold
Ancillary probate
If the deceased owned real estate in another state, that state may require its own probate proceeding — duplicating costs
What Makes Florida Probate More Expensive?
Real estate in the estate
Requires appraisal, additional court filings, and formal title transfer — can add months and thousands of dollars
Contested will or heir disputes
Litigation dramatically increases legal fees and can extend the process by one to several years
Business interests
Business valuation, succession planning, and complex ownership transfers add significant cost and complexity
Significant debt load
Creditor disputes and negotiated settlements require additional legal work and may trigger court hearings
Multiple heirs who disagree
Disputes over asset distribution or executor decisions require additional legal proceedings
No valid will
Intestate estates often require additional court involvement to appoint an administrator and resolve heir questions
Can You Reduce or Avoid These Costs?
For qualifying estates, Florida offers simplified alternatives to full probate:
Small Estate Procedure in Florida
Summary administration for estates under $75,000 or if deceased 2+ years; disposition without administration for very small estates covering funeral/final illness costs only
Beyond small estate procedures, assets with beneficiary designations — life insurance, retirement accounts (IRA, 401k), payable-on-death bank accounts, transfer-on-death investment accounts — and assets held in a living trust all bypass probate entirely. Proper estate planning can significantly reduce or eliminate probate costs for future estates.
Florida Tax Costs
No state estate tax; no inheritance tax; no state income tax
Tax obligations are separate from probate costs. In states with inheritance or estate taxes, these amounts can exceed all other probate costs combined for larger estates.
The Hidden Cost: Time
Florida probate takes 12-24 months on average. During this period, assets are frozen — heirs cannot sell the house, access bank accounts, or receive their inheritance. For families depending on those assets, the delay itself carries a real financial cost. Estates with clear wills, no disputes, and proper planning move through the process faster.
More Florida Probate Guides
Probate in Florida: Overview
How the process works, step by step
Do I Need Probate in Florida?
Check the threshold and small estate options
Executor Duties in Florida
Eligibility, deadlines, compensation, and common mistakes
Small Estate Options in Florida
Qualification, process, and full probate comparison
Related Reading
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