How much does probate cost in Florida?

Florida law sets a presumed reasonable attorney's fee based on the value of the estate. It starts at $1,500 for estates of $40,000 or less and rises on a sliding scale, reaching about $30,000 in presumed fees on a $1 million estate. Personal representative compensation and court costs are separate. Many estates can be handled for a fee quoted up front that is lower than the statutory presumption.

Who pays the probate attorney's fees in Florida?

Attorney's fees and costs are generally paid from the assets of the estate before the remaining assets are distributed to the beneficiaries, not out of the personal representative's own pocket.

Can Florida probate fees be lower than the statutory amount?

Yes. The schedule in section 733.6171 is a presumption, not a mandate. The attorney and the personal representative can agree to a lower fee. The Kogan Firm quotes formal administration up front starting at $4,500, and handles summary administration for a flat $3,000.

Interactive Tool · Probate

What does probate
cost in Florida?

Florida ties probate attorney and personal representative fees to the value of the estate. Enter a few details to see the fees the law presumes, plus how a quoted fee compares.

Takes about a minute

Step 1

When did the person pass away?

Step 2

Estimated value of the probate assets

Use the value of assets that pass through probate. Exclude protected homestead, jointly held property, and accounts with a named beneficiary, as those usually pass outside probate.

Estate value$400,000

$0$3M+

Type any amount above $3M directly.

Include personal representative compensation. A family member who serves as personal representative can choose to waive this fee.

How Florida probate attorney fees are calculated

Florida is one of the few states with a statutory fee schedule for probate attorneys. Section 733.6171(3), Florida Statutes, lists fees that a court will presume reasonable for ordinary services in a formal administration, scaled to the value of the probate estate (the assets that actually pass through the court, not life insurance, retirement accounts with beneficiaries, or property held in a trust). The calculator above applies that schedule, and this is the table behind it:

Probate estate value	Presumed reasonable attorney fee
Up to $40,000	$1,500
$40,000 to $70,000	$2,250
$70,000 to $100,000	$3,000
$100,000 to $1 million	$3,000 plus 3% of the value above $100,000
$1 million to $3 million	$30,000 plus 2.5% of the value above $1 million
$3 million to $5 million	$80,000 plus 2% of the value above $3 million
$5 million to $10 million	$120,000 plus 1.5% of the value above $5 million
Above $10 million	$195,000 plus 1% of the value above $10 million

What the schedule does not include

The presumed fee covers ordinary services. Section 733.6171(4) allows additional compensation for extraordinary work: will contests, contested creditor claims, tax audits, selling real estate, and litigation of any kind. Personal representative compensation is a separate schedule (section 733.617: 3 percent of the first $1 million), and court costs, publication of the notice to creditors, certified copies, and appraisals are paid on top. The calculator shows each of these separately.

Why most estates should pay less than the schedule

The statute is a presumption, not a price. The attorney and the personal representative can agree to any fee, and the statute itself requires the attorney to disclose that the schedule is not mandatory. On a $500,000 estate the presumed fee is $15,000; a straightforward administration of that size does not take $15,000 of attorney time. We quote formal administration up front, starting at $4,500, and handle summary administration (estates of $150,000 or less for deaths on or after July 1, 2026, or any death more than two years ago) for a flat $3,000. The full probate cost guide itemizes every line, and the probate calculator tells you whether the estate needs probate at all.

What does probate cost in Florida?