The Short Answer

In Florida, probate costs can range from a few hundred dollars in court filing fees to thousands (or more) in attorney fees and personal representative (executor) compensation, depending largely on the estate’s “compensable value” and whether the case is contested or unusually complex. Florida law does not impose a single mandatory probate price—many costs are case-specific and can increase quickly if disputes, creditor issues, or real estate complications arise.

What Florida Law Says

Probate costs in Florida typically come from a combination of (1) court filing fees and clerk service charges, (2) attorney compensation for representing the personal representative, and (3) compensation to the personal representative for administering the estate. Florida statutes set out fee schedules that are presumed reasonable in many formal administrations, but they are not automatically required in every case and can be adjusted based on the circumstances.

The Statute

The primary law governing attorney compensation in many Florida probate administrations is Fla. Stat. § 733.6171.

This statute provides that attorneys for personal representatives are entitled to reasonable compensation and includes a schedule of fees that is presumed reasonable for ordinary services in a formal administration, while also allowing additional compensation for extraordinary services (like litigation, tax issues, or homestead disputes).

Florida also addresses personal representative compensation in Fla. Stat. § 733.617 and sets probate filing fees and service charges in Fla. Stat. § 28.2401 (for example, formal administration filings are listed at $395, and summary administration filings are listed at $340 for estates valued at $1,000 or more).

For smaller estates, Florida may allow summary administration when statutory requirements are met, which can affect overall cost and complexity. See Fla. Stat. § 735.201.

For more detail, you may also want to read: What Probate Attorney Fees and Costs Should I Expect in Florida? and What Does It Cost to Open Probate in Florida, and When Do You Have to Pay?.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to your situation is rarely simple. Probate costs often turn on details that are easy to underestimate at the start, including:

• Strict Deadlines: Some cost-driving issues arise from timing—such as whether the estate qualifies for summary administration (including the “more than 2 years” rule) under Fla. Stat. § 735.201, and whether creditor/dispute issues force a more involved administration.
• Burden of Proof: If anyone challenges fees, the court can increase or decrease compensation and will evaluate factors like efficiency, complexity, and the nature/value of assets under Fla. Stat. § 733.6171(5) (attorney fees) and Fla. Stat. § 733.617(7) (personal representative compensation).
• Exceptions and “Extraordinary” Work: Litigation, tax issues, homestead questions, real estate transactions, and fee disputes can trigger “extraordinary services” and significantly increase total cost under Fla. Stat. § 733.6171(4) (and similarly for the personal representative under Fla. Stat. § 733.617(3)).

Because probate costs are paid from estate assets and can become a flashpoint for beneficiary conflict, getting counsel early can help you avoid fee disputes, delays, and court intervention that drives up the overall expense.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.