What does probate cost?
Florida probate is priced two ways — the statutory schedule (FS 733.6171) that scales with estate value, and flat fees. Here's the honest comparison.
Probate in Florida is priced two ways: by the statutory schedule in Florida Statute 733.6171, which scales with the estate's value, or by flat fee, which is what we do. The two approaches can produce wildly different numbers for the same case.
Most Florida probate firms quietly use the statutory schedule. We use flat fees because we believe pricing should be predictable — and because the statutory schedule penalizes families with valuable homesteads even when the work is identical.
How the statutory schedule works
Florida Statute 733.6171 sets a fee schedule that's presumed reasonable for ordinary estate administration. The schedule applies to formal administration (it does not apply to summary administration, which is typically lower-fee anyway).
- $1,500 minimum for the first $40,000 of estate value (or 3% of value, whichever is greater).
- 3.0% on the next $60,000 (so on $40k–$100k of estate value).
- 2.5% on the next $900,000 ($100k–$1M).
- 2.0% on the next $2M ($1M–$3M).
- 1.5% on the next $2M ($3M–$5M).
- 1.0% on the next $5M ($5M–$10M).
- 0.5% on amounts over $10M.
Worked examples at the statutory schedule:
$300,000 estate = $9,000 attorney fee. $500,000 estate = $14,000 fee. $1,000,000 estate = $26,500 fee. $2,000,000 estate = $46,500 fee.
These are attorney fees only — the personal representative is also entitled to a parallel commission under FS 733.617 (often 3% of the first $1M plus declining percentages above). When a family member is acting as PR, they often waive the commission. When a professional fiduciary is acting, they don't.
Our flat fees
We charge flat fees that don't scale with estate value. Our fees reflect the actual work involved, not the size of the asset pool.
- Disposition Without Administration: $400 (when applicable; sometimes free if straightforward).
- Summary Administration: $1,950 flat (any estate value up to the $150k threshold).
- Formal Administration: $2,950 base + scope-based add-ons.
- Ancillary Administration: $2,450 flat.
- Homestead determination only: $400 (often runs alongside another path).
Our formal administration flat fee covers the standard scope: petition, PR appointment, creditor notice, inventory, basic accounting, and discharge. Add-ons are clearly priced upfront — for example, real estate sale coordination is $750 add-on, federal estate tax return is $2,500 add-on. No hourly billing in the standard package.
What's included in the flat fee
- Initial consult and case strategy.
- All required court petitions, notices, and orders.
- All e-filing fees through the firm's account.
- Communication with beneficiaries on common questions.
- Coordination with banks, title companies, and other custodians.
- Final accounting and discharge (formal admin) or order of distribution (summary admin).
- All client communications via secure portal — emails, calls, document review.
What's NOT included (and shouldn't surprise you)
These are real costs that come up in some cases. We tell you upfront if any apply.
- Court filing fees (~$345 in formal admin, ~$235 in summary). Paid to the court, not us.
- Certified copy fees ($2/page typical). Issued by the court for use with banks/title companies.
- Real estate sale add-on ($750). When the estate is selling property, we coordinate with the title company and broker — not free, but predictable.
- Federal estate tax return ($2,500–$5,000 add-on). Only relevant for estates over the federal exemption (~$13.6M for 2026).
- Will contest litigation (hourly, $325/hr). We refer most contested matters out, but if you want us to defend a will admission we can.
- Ancillary jurisdiction fees if home-state probate runs concurrently in another firm. We coordinate but don't pay another attorney's bill.
The other costs of probate
Beyond attorney fees, every probate has fixed costs. They're modest but not zero.
- Court filing fee: ~$235 (summary) or ~$345 (formal).
- Death certificates: $5–$20 per copy depending on county. Order 8–12.
- Notice to creditors publication (formal only): ~$50–$200.
- Surety bond (formal only, if required): ~$250–$500/year. Most family PRs are excused from bond.
- Real estate appraisal (if required): $300–$600.
- Personal property appraisal (if required): $300–$1,000.
- Recording fees for new deeds: $10–$50 per document.
Total typical out-of-pocket beyond attorney fees: $400–$1,500 for most cases. We tell you the budget upfront.
Why we price this way
Three reasons.
One: predictability. Families in probate are already navigating grief and uncertainty. Adding a meter that runs every time you call doesn't help. You should know what this costs at the start.
Two: alignment. Hourly billing rewards inefficiency. Statutory billing rewards luck of the asset mix. Flat fees reward us for getting your case done well, fast, and right — same as you want.
Three: it's just fairer. The work to probate a $300k estate and a $1.5M estate is largely the same. Charging triple for the larger one because the law presumes it's reasonable doesn't pass our smell test.
We've quoted thousands of these. Some firms beat us on price for very simple summary cases. None beat us on predictable, all-in pricing for formal administration.
What people ask us about this.
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Most callers leave the consult with a one-page action list, an honest scope, and a flat fee — even if the answer is “you don't need us.”