What costs should I expect when opening an estate, and when are they due? - Florida

The Short Answer

In Florida, opening an estate usually involves (1) court filing fees paid to the clerk at the start of the case, and (2) ongoing administration expenses that are typically paid from estate funds as the case progresses. Attorney fees and the personal representative’s compensation are often paid from the estate as administration expenses, but the timing and amount can vary depending on the type and complexity of the probate.

What Florida Law Says

Probate costs generally fall into two buckets: (a) court costs (what the clerk charges to open and process the case), and (b) administration costs (what it takes to properly administer the estate—legal work, personal representative work, and other necessary services). Florida law sets specific clerk filing fees for probate matters and also provides rules for how attorney compensation and personal representative compensation are treated in an estate.

If your matter qualifies for summary administration, the filing fee and overall cost structure can look different than a formal administration. Summary administration is generally available when the estate (after certain exemptions) is under a statutory threshold or the decedent has been deceased for more than two years. See Fla. Stat. a7 735.201.

The Statute

The primary law governing clerk filing fees when you open a probate case is Fla. Stat. a7 28.2401.

This statute authorizes the clerk to charge set filing fees for different types of probate proceedings (for example, formal administration and summary administration), plus certain additional service charges.

Florida law also addresses compensation that is commonly paid from estate assets during administration, including:

Attorney compensation for the personal representative (generally payable from estate assets, and often without a court order for ordinary services): Fla. Stat. a7 733.6171.
Personal representative compensation (a commission structure presumed reasonable for ordinary services): Fla. Stat. a7 733.617.

For a deeper discussion of typical fee categories, you may also want to read: What Probate Attorney Fees and Costs Should I Expect in Florida?

Why You Should Speak with an Attorney

Even when you know the “menu” of probate costs, predicting what you will actually pay (and when) depends on the type of administration, the assets involved, creditor issues, and whether anyone contests anything. Legal outcomes and total cost often turn on details that are easy to miss early on.

Strict Deadlines: Your timeline (and therefore cost) can change significantly depending on whether the estate can use summary administration under Fla. Stat. a7 735.201 or must proceed through formal administration, which typically involves more filings and time.
Burden of Proof: Costs are often tied to what must be proven and documented (asset values, creditor issues, homestead questions, beneficiary disputes). If the court requires additional work, expenses can increase.
Exceptions and Fee Disputes: Florida allows compensation to be paid from estate assets, but disputes can arise over what is “reasonable,” what counts as ordinary vs. extraordinary services, and who ultimately bears the impact of fees. See generally Fla. Stat. a7 733.6171 and Fla. Stat. a7 733.617.

Trying to handle this alone can lead to avoidable delays, rejected filings, or fee disputes that cost more than getting counsel involved early.

If you’re already at the “paperwork and retainer” stage with a law firm, that’s a sign your situation likely benefits from representation—especially to set expectations about what must be paid up front (clerk fees/retainer) versus what can be paid later from estate funds.

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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.