Florida Probate Attorney Fee Calculator (§ 733.6171, Fla. Stat. 2026)
Set the compensable value of the estate. See the attorney fee that § 733.6171(3), Fla. Stat. (2026), presumes reasonable for ordinary services in a formal administration.
What the result means
The result is the attorney fee that § 733.6171(3), Fla. Stat. (2026) presumes reasonable for ordinary services in a formal estate administration, computed on the value set by the slider. The statute says compensation “is presumed to be reasonable if based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during the administration.” The result is the statutory presumption. It is not a quote and it is not the fee of any firm.
Subsection (3) begins “Subject to subsection (2).” Under subsection (2)(a), “The attorney, the personal representative, and persons bearing the impact of the compensation may agree to compensation determined in a different manner than provided in this section.”
Schedule in § 733.6171(3)
| Compensable value | Presumed fee for the bracket | Running total at end of bracket |
|---|---|---|
| (a) $40,000 or less | $1,500 | $1,500 |
| (b) Over $40,000, up to $70,000 | Additional $750 | $2,250 |
| (c) Over $70,000, up to $100,000 | Additional $750 | $3,000 |
| (d) Over $100,000, up to $1 million | 3 percent of the amount over $100,000 (“the next $900,000”) | $30,000 |
| (e) Over $1 million, up to $3 million | 2.5 percent of the amount over $1 million | $80,000 |
| (f) Over $3 million, up to $5 million | 2 percent of the amount over $3 million | $120,000 |
| (g) Over $5 million, up to $10 million | 1.5 percent of the amount over $5 million | $195,000 |
| (h) Over $10 million | 1 percent of the amount over $10 million | Continues at 1 percent |
Source: § 733.6171(3), Fla. Stat. (2026), paragraphs (a) through (h). The first three brackets are steps, not rates: paragraph (b) applies to any estate “having a value of more than $40,000,” so the presumed fee at $40,001 is $2,250.
Written disclosures required by § 733.6171(2)(b)
The statute: “An attorney representing a personal representative in an estate administration who intends to charge a fee based upon the schedule set forth in subsection (3) shall make the following disclosures in writing to the personal representative:”
- There is not a mandatory statutory attorney fee for estate administration.
- The attorney fee is not required to be based on the size of the estate, and the presumed reasonable fee provided in subsection (3) may not be appropriate in all estate administrations.
- The fee is subject to negotiation between the personal representative and the attorney.
- The selection of the attorney is made at the discretion of the personal representative, who is not required to select the attorney who prepared the will.
- The personal representative is entitled to a summary of ordinary and extraordinary services rendered for the fees agreed upon at the conclusion of the representation. The summary must be provided by counsel and must consist of the total hours devoted to the representation or a detailed summary of the services performed during the representation.
Paragraph (2)(c): “The attorney shall obtain the personal representative’s timely signature acknowledging the disclosures.” Paragraph (2)(d): “If the attorney does not make the disclosures required by this section, the attorney may not be paid for legal services without prior court approval of the fees or the written consent of all interested parties.” Source: § 733.6171(2), Fla. Stat. (2026).
Ch. 2026-57, § 6, Laws of Fla., effective July 1, 2026, revised the wording of disclosure 5 and of subsection (6) and added paragraph (4)(l). It did not amend the schedule in subsection (3).
What the calculator leaves out
- Extraordinary services. The attorney “shall be allowed further reasonable compensation for any extraordinary service” (§ 733.6171(4)). New paragraph (4)(l), added by ch. 2026-57, lists “Involvement in any proceeding to enforce the authority of a personal representative as conferred by this code.” The cost guide lists paragraphs (a) through (l).
- Personal representative commission. § 733.617(2), Fla. Stat. (2026) has its own schedule, which the personal representative may renounce in whole or in part.
- Court and publication costs. Clerk filing fees are capped by § 28.2401, Fla. Stat. (2026). Notice to creditors runs once a week for 2 consecutive weeks under § 733.2121(2).
- Summary administration. § 735.201(2), Fla. Stat. (2026) applies when the entire estate subject to administration in Florida, less property exempt from the claims of creditors, “does not exceed $150,000 or that the decedent has been dead for more than 2 years.” That value is not the same measure as compensable value. The § 733.6171(3) schedule is written for formal administration.
The cost guide sets out the attorney schedule, the commission schedule, clerk fees, publication and bond with their sources.
Sources
Last checked: October 16, 2026.
- § 733.6171, Fla. Stat. (2026). Compensation of attorney for the personal representative.
- § 733.617, Fla. Stat. (2026). Compensation of personal representative.
- § 733.2121, Fla. Stat. (2026). Notice to creditors; filing of claims.
- § 28.2401, Fla. Stat. (2026). Service charges and filing fees in probate matters.
- § 735.201, Fla. Stat. (2026). Summary administration; nature of proceedings.
- Ch. 2026-57, Laws of Fla. (CS/HB 1337), effective July 1, 2026.