Florida Probate Costs and Attorney Fees Explained: A Palm Beach Guide

Florida probate costs are the total of court filing fees, the personal representative’s commission, the estate attorney’s fee, and miscellaneous administration expenses paid out of the decedent’s estate before heirs receive anything. For a formal administration, Florida law (Fla. Stat. § 733.6171 and § 733.617) provides a presumed-reasonable fee structure tied to the estate’s value, but those figures are a starting point, not a fixed price. In a creditor-heavy estate, the real cost driver is rarely the size of the house or brokerage account; it is the volume and complexity of claims that have to be examined, objected to, negotiated, or litigated.

I practice probate here in Palm Beach, and the question I hear most in the first meeting is some version of “What is this going to cost me?” The honest answer has several moving parts. Below I walk through each one the way I would across the conference table, with the actual statutes and what they mean for an estate where creditors are part of the story.

What Counts as a “Probate Cost” in Florida

People tend to lump everything into one word, “fees,” but the costs of a Florida estate fall into four distinct buckets. Keeping them separate is the only way to budget honestly:

• Court and filing costs — the clerk’s filing fee, certified copies, publication of the notice to creditors, and recording fees.
• Attorney’s fees — compensation to the lawyer representing the personal representative, governed by Fla. Stat. § 733.6171.
• Personal representative’s commission — compensation to the person administering the estate, governed by Fla. Stat. § 733.617.
• Administration expenses — appraisals, accountants, property insurance, maintenance on real estate, bond premiums, and the cost of resolving creditor claims.

Only the first bucket is genuinely fixed. The other three flex with the estate, and in claims-heavy estates the fourth bucket can quietly become the largest of all.

Florida Probate Court Costs and Filing Fees

Court costs are the small, predictable part of the bill. In Palm Beach County, the clerk’s filing fee for a formal administration runs in the range of a few hundred dollars, with summary administration costing less. On top of that, expect charges for certified letters of administration, certified copies of the order admitting the will, and the statutory notice to creditors that must be published in a local newspaper of general circulation under Fla. Stat. § 733.2121.

That publication step matters more than its modest price suggests. Publishing the notice starts the clock on the three-month window in which most creditors must file their claims (Fla. Stat. § 733.702). If the personal representative also serves notice directly on a “reasonably ascertainable” creditor, that creditor gets the later of three months from publication or thirty days from service. Getting this sequence right is the single best cost-control tool an estate has, because a properly run notice period is what eventually bars stale claims.

Florida Probate Attorney Fees Under § 733.6171

Florida is one of the few states with a statute that tells you what an estate attorney’s fee is presumed to be reasonable. Under Fla. Stat. § 733.6171(3), the compensation for ordinary services in a formal administration is presumed reasonable when calculated on the compensable value of the estate — generally the inventory value of the probate assets plus income earned during administration. The presumed schedule is:

• $1,500 for estates valued at $40,000 or less
• An additional $750 for value over $40,000 up to $70,000
• An additional $750 for value over $70,000 up to $100,000
• 3% on the next $900,000 (value over $100,000 up to $1 million)
• 2.5% on value over $1 million up to $3 million
• 2% on value over $3 million up to $5 million
• 1.5% on value over $5 million up to $10 million
• 1% on value above $10 million

So a $500,000 estate produces a presumed ordinary fee of roughly $15,000 ($3,000 for the first $100,000, plus 3% of the next $400,000). That number tends to surprise families, and it should prompt a conversation, because the statute itself is clear that this schedule “may not be appropriate in all estate administrations.” The personal representative, the attorney, and the people who actually bear the cost are free to agree on a different arrangement — flat fee, hourly, or a hybrid.

What the Statute Treats as “Extraordinary” — and Why It Drives Cost

The schedule above only covers ordinary services. Section 733.6171(4) lists categories of extraordinary services that justify additional, separate compensation. This is where claims-heavy estates depart from the simple math. Extraordinary services include:

1. Involvement in a will contest, construction, or validity proceeding
2. Representation in audits or tax adjustment proceedings
3. Litigation over estate assets, including contested claims
4. Dealing with protected homestead
5. Sale of real or personal property
6. Handling of complex creditor matters that go beyond routine review

If a hospital, a credit card issuer, a nursing facility, and a contractor all file claims and two of them are disputed, the lawyer is no longer doing ordinary work. Objecting to a claim under Fla. Stat. § 733.705, forcing the creditor to file an independent action, and litigating the validity of the debt are all extraordinary services billed on top of the base schedule. I tell clients up front: the cost of your estate is mostly a function of how many fights the creditors pick.

Personal Representative Compensation Under § 733.617

The person serving as personal representative is also entitled to pay. Under Fla. Stat. § 733.617(2), a commission on the compensable value of the estate is presumed reasonable:

• 3% on the first $1 million
• 2.5% on value above $1 million up to $5 million
• 2% on value above $5 million up to $10 million
• 1.5% on value above $10 million

Like the attorney’s fee, this can be adjusted by agreement, and many family members serving as PR waive their commission entirely, especially when they are also the primary beneficiary. The statute (§ 733.617(3)) likewise allows additional compensation for extraordinary services such as selling real estate, running the decedent’s business, conducting litigation, or managing protected homestead. Stacking these two statutory schedules — attorney plus PR — is the figure families should plan around for a routine estate.

The Hidden Cost Driver: Creditor Claims

This firm focuses on estates where creditors are front and center, so I will be blunt about where the money goes. In a clean estate with one beneficiary and no debt, the statutory fees are close to the whole bill. In a claims-heavy estate, the administration-expense bucket swells:

• Claim review and triage. Every Statement of Claim filed against the estate has to be examined for validity, timeliness, and amount. A claim filed after the statutory window may be barred — but only if someone raises the objection in time.
• Objections and independent actions. Under § 733.705, the PR’s objection forces the creditor to bring an independent lawsuit within 30 days or lose the claim. Each contested claim can become its own piece of litigation.
• Priority and insolvency. When debts exceed assets, Fla. Stat. § 733.707 sets the order in which classes of creditors are paid. An insolvent estate requires careful, defensible allocation, which is detailed and time-intensive work.
• Homestead protection. Florida’s constitutional homestead can shield the primary residence from most creditors — a powerful tool, but one that requires correct pleading to preserve.

The takeaway: aggressive, well-timed claims administration usually saves the estate far more than it costs. Letting a barred claim slide through, or missing an objection deadline, can cost the beneficiaries the entire disputed amount.

How Florida Costs Compare to Other States

Clients who have administered estates elsewhere often ask how Florida stacks up. Some states use purely hourly billing with no statutory benchmark, which makes budgeting harder. New York, for example, handles probate through the Surrogate’s Court and uses statutory commission schedules for fiduciaries while attorney fees are reviewed for reasonableness. If your family has assets in more than one state, that coordination matters. For out-of-state probate questions, the team at Morgan Legal’s New York office explains the process clearly in their overview of an , and they break down how procedure changes by estate type in their guide to the . For Florida-specific matters, you can also review the firm’s Florida probate practice.

Practical Ways to Reduce Probate Costs in Palm Beach

Some costs are unavoidable, but several are within your control:

• Qualify for summary administration. Estates under $75,000 (excluding exempt property), or where the decedent died more than two years ago, may use the streamlined process under Fla. Stat. § 735.201 — dramatically cheaper than formal administration.
• Run the notice to creditors precisely. A clean, timely notice period is your cheapest insurance against late claims.
• Negotiate the fee structure. The statutory schedule is a default, not a mandate. Ask whether a flat or hourly fee fits a simple estate better.
• Plan ahead of death. Funded revocable trusts, proper beneficiary designations, and well-drafted wills keep assets out of probate entirely.

If you are facing an estate with significant debt, or you simply want a realistic cost estimate before you start, learn more about our approach to Florida probate administration or reach out through our contact page. A short conversation early almost always costs less than an avoidable mistake later.

Frequently Asked Questions

How much does probate cost in Florida?

For a formal administration, plan on court and publication costs of a few hundred dollars, plus an attorney fee and personal representative commission that are each presumed reasonable under statute based on estate value. Under Fla. Stat. 733.6171, a $500,000 estate produces a presumed ordinary attorney fee of roughly $15,000, and the PR commission under 733.617 is about 3% of the first $1 million. Contested creditor claims add extraordinary fees on top of those figures.

Are Florida probate attorney fees set by law?

Florida Statute 733.6171 provides a presumed-reasonable fee schedule tied to the compensable value of the estate, but it is a default, not a mandate. The attorney, the personal representative, and the people bearing the cost can agree on a different arrangement, such as a flat or hourly fee. The statute itself states the schedule may not be appropriate for every estate.

Who pays the costs and fees in a Florida probate?

Probate costs, attorney fees, and the personal representative’s commission are paid from the estate’s assets before beneficiaries receive their distributions. In an insolvent estate, Fla. Stat. 733.707 sets the priority order in which administrative costs, taxes, and creditor classes are paid.

What makes a probate more expensive than the statutory schedule?

Extraordinary services drive cost above the base schedule under section 733.6171(4): will contests, tax audits, real estate sales, homestead issues, and especially contested creditor claims. Objecting to a claim and litigating its validity is separate, additional work, which is why claims-heavy estates cost more than the size of the assets alone would suggest.

Can I avoid probate costs in Florida?

Often, yes. Assets held in a funded revocable trust, jointly with rights of survivorship, or with valid beneficiary designations pass outside probate. Small estates may qualify for the cheaper summary administration under Fla. Stat. 735.201. Planning before death is the most reliable way to reduce or eliminate probate expense.