Florida Probate Costs and Attorney Fees Explained (Boca Raton Guide)

Florida probate costs typically run between 3% and 7% of the gross value of the estate, combining court filing fees, attorney fees, personal representative compensation, and administrative expenses. For most estates, the two largest line items are the attorney’s fee and the personal representative’s fee, both of which Florida law presumes “reasonable” using a percentage scale set out in the Florida Probate Code. A modest estate may close for a few thousand dollars; a larger estate, or one tangled up in real property and disputes, can cost considerably more.

If you are administering an estate here in Boca Raton or anywhere in Palm Beach County, the question I hear first is almost always the same: What is this going to cost me? The honest answer is that it depends on the size of the estate, the kind of assets involved, and whether anyone is going to fight. This guide breaks the numbers down the way I would for a client sitting across my desk.

What Goes Into the Cost of Florida Probate

Probate is the court-supervised process of settling a deceased person’s affairs: validating the will, identifying assets, paying creditors and taxes, and distributing what remains to the heirs or beneficiaries. Every one of those steps carries a cost. The total bill is rarely a single number — it is an accumulation of several categories.

• Court filing fees and statutory costs — paid to the Clerk of the Circuit Court.
• Attorney’s fees — for the lawyer who represents the personal representative.
• Personal representative compensation — the fee owed to the person administering the estate.
• Administrative expenses — appraisals, accountants, publication of the notice to creditors, recording fees, and similar out-of-pocket costs.
• Bond premiums — when the court or the will requires the personal representative to post a bond.

Understanding how each category is calculated is the only way to forecast the real cost of probate in Florida — and to spot a fee that looks out of line.

Florida Court Costs and Filing Fees

The hard costs paid to the court are predictable and relatively small. In Palm Beach County, the filing fee to open a formal administration is generally in the range of $400, with summary administration costing less. Add to that:

• Certified copies of Letters of Administration (typically a few dollars each, and you will want several).
• Publication of the Notice to Creditors in a local newspaper — usually $100 to $300 depending on the publication.
• Recording fees if the estate holds real property that must be transferred or cleared of liens.

These costs are fixed regardless of how wealthy the estate is. They are the floor, not the ceiling.

How Florida Attorney Fees for Probate Are Calculated

This is where the real money lives, and where Florida law is unusually specific. Under Florida Statutes § 733.6171, the legislature created a presumption of what counts as a “reasonable” attorney’s fee for a formal estate administration, tied to the compensable value of the estate (generally the inventory value plus income earned during administration).

The statutory schedule presumes reasonable the following fees:

• $1,500 for estates valued at $40,000 or less.
• $2,250 for estates above $40,000 and up to $70,000.
• $3,000 for estates above $70,000 and up to $100,000.
• 3% of the value between $100,000 and $1 million.
• 2.5% of the value between $1 million and $3 million.
• 2% of the value between $3 million and $5 million.
• 1.5% of the value between $5 million and $10 million.
• 1% of the value above $10 million.

So a $500,000 estate would presume an attorney’s fee of $3,000 (for the first $100,000) plus 3% of the remaining $400,000, or $12,000 — for a total of roughly $15,000. The statute also allows additional, reasonable fees for “extraordinary services,” which I will come back to, because in real-property estates those extras matter.

The Fee Is Negotiable — and the Statute Says So

Here is the part many families miss: the statutory percentages are a presumption, not a mandate. Florida law expressly permits the attorney and the personal representative to agree to a different arrangement — often an hourly rate or a flat fee that comes out lower than the percentage on a straightforward estate. For a clean estate with a single bank account and one beneficiary, paying 3% can be a poor deal. Always ask whether an hourly or flat-fee engagement makes more sense before signing.

Personal Representative Compensation

The person who administers the estate — the personal representative, called an executor in many other states — is also entitled to a fee. Under Florida Statutes § 733.617, that compensation follows its own percentage scale, which closely tracks the attorney schedule: 3% on the first $1 million of the estate, 2.5% on the next $4 million, and lower percentages above that, with additional compensation allowed for extraordinary services such as selling real property, running a business, or handling litigation.

When a family member serves as personal representative, they will frequently waive their fee, particularly where they are also a beneficiary and would rather not pay income tax on compensation when they could instead receive an inheritance. That single decision can meaningfully reduce the total cost of probate.

Why Real-Property Estates Cost More — and How to Plan for It

Most of the estates I handle in Boca Raton are heavy on real estate: a primary residence, a condo, sometimes a rental property or raw land. Real property changes the cost equation in ways a brokerage account never will.

1. Appraisals. The estate inventory must reflect fair market value as of the date of death. A formal real-estate appraisal typically runs $400 to $800 per property and is money well spent if anyone might later challenge the valuation.
2. Homestead determinations. Florida’s constitutional homestead protections are powerful but procedurally fussy. Getting a Petition to Determine Homestead Status right protects the property from creditors and clarifies who inherits — but it is extra legal work, and it can qualify as an “extraordinary service” under the fee statute.
3. Sale of property during administration. If the home must be sold to pay debts or to divide value among heirs, expect realtor commissions (commonly 5% to 6%), closing costs, and additional attorney time to obtain court authority and convey clean title.
4. Carrying costs. Property taxes, insurance, HOA dues, and maintenance accrue while the estate is open. In a contested case that drags on for a year or more, these recurring costs can quietly dwarf the legal fees.

This is precisely why I push clients toward planning that keeps real estate out of probate in the first place — a properly funded revocable trust, an enhanced life estate (lady bird) deed, or joint ownership with rights of survivorship. You can read more about those options on our wills and estate planning page and our overview of Florida probate.

When Litigation Drives the Bill Up

The published percentages assume an uncontested administration. The moment a beneficiary challenges the will, accuses the personal representative of self-dealing, or disputes a property valuation, the cost structure changes entirely. Will contests, breach-of-fiduciary-duty claims, and creditor litigation are billed as extraordinary services and are usually charged hourly on top of the base fee.

Estate litigation is its own discipline, and the stakes in a real-property estate are high because the asset is illiquid and emotionally charged. Firms that handle these disputes across multiple states — such as Morgan Legal’s team that handles — see the same patterns Florida families do: the longer the fight, the more the estate’s own value funds the lawyers rather than the heirs. If you are weighing whether to contest, get a candid cost-benefit analysis before you file.

Summary Administration: The Lower-Cost Path

Not every estate needs full formal administration. Florida offers summary administration under Florida Statutes § 735.201 when the value of the probate estate (excluding exempt property like homestead) is $75,000 or less, or when the decedent has been dead for more than two years. Summary administration skips the appointment of a personal representative, moves faster, and costs substantially less in both court and attorney fees. For a small estate, it can be the difference between a few thousand dollars and ten thousand. Whether your estate qualifies depends heavily on how the homestead and other exempt assets are classified — another reason to have the numbers reviewed early.

Estimating Your Total: A Realistic Walk-Through

Consider a Boca Raton estate consisting of a $600,000 condo and a $150,000 brokerage account, with a will, two beneficiaries, and no disputes. A realistic estimate looks like this:

• Court and clerk costs: roughly $500–$800 (filing, certified copies, creditor publication).
• Attorney’s fee (statutory presumption on a $750,000 estate): about $22,500, though a flat or hourly arrangement may come in lower.
• Personal representative fee: often waived by a family member; otherwise a similar percentage.
• Appraisal of the condo: $400–$800.
• Total, uncontested: in the neighborhood of $24,000–$26,000, before any sale costs.

Add a will contest or a forced sale of the condo, and that figure can climb past $40,000. Subtract a waived personal-representative fee and negotiate a flat attorney fee, and it can drop well below the statutory presumption. The range is wide on purpose — your circumstances dictate where you land.

How to Keep Probate Costs Down

• Plan ahead. Assets that pass by trust, beneficiary designation, or survivorship deed avoid probate entirely.
• Negotiate the fee. Ask for an hourly or flat fee on simple estates rather than the percentage.
• Use summary administration when you qualify. It is dramatically cheaper than formal administration.
• Resolve disputes early. Mediation almost always costs less than litigation funded out of the estate.
• Keep clean records. Organized accounts, deeds, and bills reduce the attorney hours your estate pays for.

If you would like a straightforward estimate for your specific situation, our Boca Raton office is glad to review the assets and give you a number you can actually plan around. You can reach us through our contact page, learn more about our Florida , or review how a formal is structured in a comparable jurisdiction.

Frequently Asked Questions

How much does probate cost in Florida?

Most Florida estates pay between 3% and 7% of the gross estate value once court costs, attorney fees, personal representative compensation, and administrative expenses are combined. Small estates handled through summary administration can cost only a few thousand dollars, while large or contested estates can cost tens of thousands.

Are Florida probate attorney fees set by statute?

Florida Statutes § 733.6171 establishes a presumption of reasonable attorney fees based on a percentage of the estate’s value, but those percentages are not mandatory. The personal representative and the attorney can agree to an hourly or flat fee instead, which is often cheaper for simple estates.

Who pays the attorney and court costs in probate?

Probate costs are paid from the assets of the estate itself, not out of the beneficiaries’ pockets. The personal representative pays these expenses before distributing the remaining assets to the heirs, which reduces each beneficiary’s net inheritance.

Can I avoid probate costs in Florida?

Yes. Assets held in a properly funded revocable living trust, accounts with payable-on-death or beneficiary designations, and real property held with survivorship rights or under a lady bird deed pass outside probate, avoiding most of these costs. Planning ahead is the most effective way to reduce what your estate pays.

How long does Florida probate take, and does that affect cost?

A typical uncontested formal administration takes six months to a year. The longer an estate stays open — especially one holding real property with ongoing taxes, insurance, and maintenance — the more carrying costs and attorney hours accumulate, so resolving the estate efficiently directly lowers the total cost.

Frequently Asked Questions

How much does probate cost in Florida?

Most Florida estates pay between 3% and 7% of the gross estate value once court costs, attorney fees, personal representative compensation, and administrative expenses are combined. Small estates handled through summary administration can cost only a few thousand dollars, while large or contested estates can cost tens of thousands.

Are Florida probate attorney fees set by statute?

Florida Statutes 733.6171 establishes a presumption of reasonable attorney fees based on a percentage of the estate’s value, but those percentages are not mandatory. The personal representative and the attorney can agree to an hourly or flat fee instead, which is often cheaper for simple estates.

Who pays the attorney and court costs in probate?

Probate costs are paid from the assets of the estate itself, not out of the beneficiaries’ pockets. The personal representative pays these expenses before distributing the remaining assets to the heirs, which reduces each beneficiary’s net inheritance.

Can I avoid probate costs in Florida?

Yes. Assets held in a properly funded revocable living trust, accounts with payable-on-death or beneficiary designations, and real property held with survivorship rights or under a lady bird deed pass outside probate, avoiding most of these costs. Planning ahead is the most effective way to reduce what your estate pays.

How long does Florida probate take, and does that affect cost?

A typical uncontested formal administration takes six months to a year. The longer an estate stays open, especially one holding real property with ongoing taxes, insurance, and maintenance, the more carrying costs and attorney hours accumulate, so resolving the estate efficiently directly lowers the total cost.