The Short Answer

In Florida probate, attorney fees are typically paid from the estate and must be reasonable, but there is no mandatory “set” probate attorney fee. Many lawyers quote either (1) a negotiated flat fee/hourly arrangement or (2) a fee that tracks Florida’s statutory schedule for what is presumed reasonable in a formal administration.

What Florida Law Says

Florida law allows the personal representative (executor) to hire counsel and pay the attorney from estate assets, but the key legal standard is reasonableness—and fees can be challenged by interested persons and reviewed by the probate court. Your total “cost of probate” is usually a combination of attorney fees, court costs/filing fees, and other administration expenses (for example, appraisals, accounting/tax work, and publication/notice costs), which vary based on complexity and whether anyone contests the estate.

The Statute

The primary law governing this issue is Fla. Stat. § 733.6171.

This statute establishes that attorneys for personal representatives are entitled to reasonable compensation payable from estate assets, and it provides a presumed reasonable fee schedule for ordinary services in a formal administration—while also emphasizing that fees are negotiable and may be different by agreement or court determination.

Related statutes also affect what you may pay overall, including how costs/fees can be awarded in probate proceedings under Fla. Stat. § 733.106 and how the personal representative’s commission is calculated under Fla. Stat. § 733.617.

If you want a deeper dive into related issues, see: retainers and how probate attorney fees are handled in Florida and executor (personal representative) responsibilities during Florida probate.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict court oversight when fees are disputed: Even though fees can be paid without a court order in many cases, Florida law allows court review of the reasonableness of compensation and can require court involvement if proper disclosures/consents are not obtained. See Fla. Stat. § 733.6171 and Fla. Stat. § 733.6175.
• Burden of proof and “benefit to the estate” issues: Fees generally need to be tied to necessary work that benefits the estate administration—especially when beneficiaries object or litigation breaks out.
• Extraordinary services can change the bill dramatically: Will contests, creditor disputes, tax issues, real estate sales, homestead disputes, and beneficiary conflicts can trigger additional “extraordinary” fees beyond ordinary administration. See Fla. Stat. § 733.6171(4).

Because probate fees and costs can shift based on disputes, asset types, and court involvement, getting advice early can prevent avoidable fee fights, delays, and personal representative liability.

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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.