Court and Filing Fees

Every Florida probate begins with filing fees paid to the clerk of the circuit court, plus smaller charges for things like certified Letters of Administration and recording documents. These are modest compared with professional fees and are largely fixed regardless of estate size.

Attorney’s Fees: The Statutory Guideline

The cost most people ask about is the attorney’s fee. Florida Statute §733.6171 provides a guideline for what counts as a reasonable fee in formal administration, calculated as a percentage of the estate’s inventory value plus income. The statute lists tiers — for example, a set percentage on the first $1 million of value, with declining percentages on larger amounts.

Two points matter for Priya. First, this is a presumption of reasonableness, not a mandate — she and the attorney can agree to a different reasonable arrangement, such as an hourly or flat fee. Second, the percentage is based on the inventory of probate assets, not the entire net worth, so assets passing outside probate don’t inflate the fee.

Personal Representative Compensation

Florida also allows the personal representative to receive reasonable compensation, with a comparable percentage guideline in §733.617. Family members serving in the role often waive this fee, especially when they are also beneficiaries.

Other Potential Costs

• Accounting and appraisal fees for valuing real estate, businesses, or collectibles.
• Bond premiums, if the court requires the personal representative to post a bond (a will can waive this).
• Publication costs for the Notice to Creditors.
• Litigation expenses if there is a will contest or creditor dispute.

The Tax You Won’t Pay

Priya was relieved to learn that Florida has no state estate tax and no inheritance tax. Probate fees are real, but no chunk of the estate goes to Tallahassee in death taxes, and most estates fall well under the federal estate tax exemption.

How Florida Families Keep Costs Down

The most effective cost control happens before death. Tools like a revocable trust (Chapter 736), payable-on-death accounts, joint titling, and a Lady Bird (enhanced life estate) deed on the homestead can move assets outside probate entirely, shrinking the inventory the fee is based on. A smaller probate estate often qualifies for summary administration, which is cheaper still.

A Note for Florida Families

Fee guidelines are starting points, not fixed prices, and the right planning can cut probate costs substantially. Before assuming probate will be expensive — or before signing a fee agreement — talk with a licensed Florida probate attorney about your specific estate.