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The cost to settle an estate through probate in Florida can range from a few hundred dollars to hundreds of thousands of dollars, depending on the size of the estate. In addition to modest court costs, larger fees often go to attorneys and executors. Some fees are set by Florida state law, often as a percentage of the assets in the estate, while others are determined by individual counties. Estates may also be required to pay more in some cases, such as executors receiving a commission for selling real estate included in the estate. A financial advisor can help you estimate the total cost of settling an estate in Florida estate.
Florida Probate Costs Overview
Among the issues associated with probate is the cost, which can reduce the size of an estate while also delaying the distribution of assets to beneficiaries. It is common for states to place some limits on the fees that attorneys and others can charge for assisting estates through probate. Some simply require fees to be “reasonable,” but Florida is more specific, outlining in some cases the exact amounts that may be charged.
Probate court fees are also assessed at the county level. These charges may range from a few dollars for issuing a summons to several hundred dollars for filing a counterclaim contesting a will. Even summary administration—an abbreviated process for small estates that avoids full probate—typically incurs county fees of around $300.
Calculating Florida Probate Costs
Special circumstances can significantly increase probate costs. For instance, if a business must be sold to settle the estate, that process can generate additional expenses for appraisal, preparation, marketing, and sale facilitation. Payments may go to multiple service providers, including brokers and appraisers. Absent such situations, attorney and executor fees usually make up the bulk of probate-related costs.
Attorneys Fees in Florida
Florida law establishes a sliding scale that limits what attorneys can charge for probate administration. Lawyers aren’t required to charge these amounts and some may charge less. Fees are also subject to negotiation. The scale increases fees based on the value of the estate. Smaller estates may be subject to flat fees, while larger ones are charged based on a percentage of their value.
Here are fees Florida law sets out for attorneys shepherding an estate through probate:
| Estate Value | Formula | Estimated Dollar Amount |
|---|---|---|
| $40,000 or less | Flat fee | $1,500 |
| $40,000 to $70,000 | Flat fee | $2,250 |
| $70,000 to $100,000 | Flat fee | $3,000 |
| $100,000 to $900,000 | $3,000 for first $100,000, plus 3% of balance | $3,000 to $27,000 |
| $1 million to $3 million | $30,000 for first $1 million plus 2.5% of balance | $30,000 to $80,000 |
| $3 million to $5 million | $80,000 for first $3 million, plus 2% of balance | $80,000 to $120,000 |
| $5 million to $10 million | $100,000 for first $5 million plus 1.4% of balance | $120,000 to $195,000 |
| Above $10 million | $195,000 for first $10 million, plus 1% of balance | $195,000 and up |
Note that this fee schedule applies only to probate assets. For example, it excludes the value of a primary residence. Attorneys may also charge separate fees if they serve as the estate’s personal representative (executor), often following a similar commission schedule.
Executor Fees in Florida
In addition to the attorney fees, an estate going to probate is likely to pay fees to the executor. As with attorneys, Florida law sets out sliding fees for executors. These are based on the value of the estate and calculated as percentages of the estate value as follows:
| Estate Value | Percentage | |
| Up to $1 million | 3% | Up to $30,000 |
| $1 million to $5 million | $30,000 on first $1 million, plus 2.5% of balance | $30,000 to $130,000 |
| $5 million to $10 million | $130,000 on first $5 million, plus 2% of balance | $130,000 to $230,000 |
| Over $10 million | $230,000 on first $10 million plus 1.5% of balance | $230,000 and up |
The executor fees are charged on the gross size of the estate. That is, the fee is based on the estate’s value before it is reduced by payments to creditors and other entities with claims on the estate. Executors are not always compensated for their services. Sometimes family or friends may take on the job without pay.
Bottom Line
Probate costs in Florida can range from a few hundred dollars for small, straightforward estates to hundreds of thousands for larger estates with complex assets. Most of these costs stem from attorney and executor fees, which Florida regulates through a sliding scale. Additional expenses may arise based on the nature of the estate and whether property or businesses need to be liquidated during the process.
Tips for Estate Planning
- You don’t have to try to figure out what settling your estate will cost on your own. A financial advisor can help. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
- SmartAsset’s guide to Florida inheritance law will give you a general overview of what could happen to your estate in the Sunshine State.
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