Last updated June 27, 2026 · Reviewed by Neil Alan Milestone, The Florida Bar No. 309966
Florida probate cost is driven mostly by two statutory fees plus court costs. Attorney fees are “presumed reasonable” on a sliding scale by estate value under §733.6171, the personal representative may take a commission under §733.617, and there are court filing and publication costs on top. None of the percentages are mandatory — they can be reduced, waived, or set by agreement. This is general information about Florida law, not legal advice.
Attorney fees — the §733.6171 schedule
The presumed-reasonable attorney fee for ordinary formal administration services scales with the value of the estate:
| Estate value | Presumed reasonable attorney fee |
|---|---|
| Up to $40,000 | $1,500 |
| $40,000 – $70,000 | $2,250 |
| $70,000 – $100,000 | $3,000 |
| $100,000 – $1 million | 3% of the value |
| $1 million – $3 million | 2.5% of that portion |
| $3 million – $5 million | 2% of that portion |
Source: §733.6171(3), Florida Statutes (presumed reasonable for ordinary services; extraordinary services may be additional). Higher tiers continue above $5 million.
Prefer to run your own numbers? Try the free Florida probate cost calculator.
Personal representative commission — §733.617
The personal representative’s commission is presumed reasonable at 3% of the first $1 million, 2.5% of the next $4 million, and lower percentages above that. Family members serving as PR frequently waive this fee.
Court and administration costs
On top of the fees above, expect clerk filing fees (commonly a few hundred dollars, varying by county and case type), the cost of publishing the notice to creditors, certified copies, and any appraisal or accounting costs.
The cheaper paths
Summary administration costs far less than formal administration, and the best way to reduce probate cost is often to avoid probate in the first place — with a funded revocable living trust, beneficiary designations, or a lady bird deed.
Want to know what a specific Florida estate will actually cost to administer? Start a free assessment.
Start the free probate assessmentGeneral information about Florida law, not legal advice. Statutory fees are presumed reasonable, not mandatory, and costs vary by county and matter — confirm with a licensed Florida attorney. EstateDraftFL is software, not a law firm.
Frequently asked questions
- How much does probate cost in Florida?
- It depends on the estate's size and path. Florida law sets a 'presumed reasonable' attorney fee by estate value under §733.6171 — for example, $1,500 up to $40,000, $3,000 from $70,000–$100,000, and 3% of value between $100,000 and $1 million. The personal representative may also take a commission (§733.617), plus court filing fees and publication costs. Summary administration costs substantially less.
- What is the Florida personal representative fee?
- Under §733.617, a personal representative's commission is presumed reasonable at 3% of the first $1 million of the estate, 2.5% of the next $4 million, and lower percentages above that. A personal representative can waive the fee — family members often do.
- Are these Florida probate fees mandatory?
- No. The statutory percentages are 'presumed reasonable,' not required. Fees can be set by written agreement, reduced, or waived, and extraordinary services can justify more. They are a starting point, not a fixed price.
- How much are Florida court filing fees for probate?
- Clerk filing fees vary by county and case type but commonly run a few hundred dollars (often roughly $230–$405), plus costs like newspaper publication of the notice to creditors and certified copies.
- Is summary administration cheaper than formal administration?
- Yes, usually much cheaper and faster. Summary administration has no personal representative and a shorter process, so attorney and court costs are lower. It is available for smaller or older estates (the threshold rises to $150,000 on July 1, 2026).
General information about Florida law, not legal advice.