Florida Probate
Cost Calculator

Florida probate is governed by the Florida Probate Code (Chapters 731–735 of the Florida Statutes) and is processed through Circuit Courts in each of the state's 67 counties. Florida offers two primary probate tracks: formal administration for estates exceeding $75,000 in non-exempt assets, and summary administration for smaller or older estates where the decedent has been deceased for more than two years.

One important nuance in Florida is the homestead protection embedded in the Florida Constitution. A decedent's primary residence may be exempt from claims of most creditors and cannot be devised away from a surviving spouse or minor children without their consent.

This constitutional provision directly affects how probate costs are calculated because homestead property is often excluded from the compensable estate.

Florida's statutory fee schedules for both personal representatives (Fla. Stat.

section 733.617) and attorneys (Fla. Stat.

section 733.6171) follow tiered percentage models. Personal representatives receive 3% on the first $1 million, scaling down to 1.5% above $10 million.

Attorney fees follow a slightly different schedule. Accurately computing these parallel fee structures is critical when estimating total probate costs.

Use this florida probate cost calculator to estimate probate court fees, summary administration costs, personal representative compensation, and probate attorney fees before filing in the circuit court. The key inputs are non-exempt probate estate value, whether homestead property is involved, the county where the estate will be opened, whether the estate qualifies for summary administration, and whether creditor claims or beneficiary disputes require formal administration.

Florida Statutes section 733.617 sets the personal representative's compensation at 3% on the first $1 million, 2.5% on the next $4 million, 2% on the next $5 million, and 1.5% on amounts above $10 million. Attorney fees are governed by a separate but overlapping schedule under section 733.6171, calculated as a percentage of the compensable estate value.

The compensable estate in Florida excludes certain assets, most notably protected homestead property. This exclusion can significantly reduce the fee base for estates where the primary residence represents a large share of total value.

Florida courts may also award extraordinary fees for services that fall outside normal administration, such as will contests, contested creditor claims, or complex tax matters.

When you run our Florida probate calculator, the result breaks down into several components. The largest portion is typically the statutory fee — Florida law sets personal representative and attorney compensation as a percentage of the gross probate estate.

"Gross" means the full fair market value of probate assets before subtracting debts, mortgages, or liens. This is a common source of surprise: a home worth $500,000 with a $300,000 mortgage contributes $500,000 to the fee calculation, not $200,000.

The second component covers court costs and filing fees, which vary by county. These include the initial petition filing, publication of notice to creditors, and supplemental filings during administration.

The third component accounts for additional expenses like surety bond premiums, real property appraisals, and certified copies. Our calculator itemizes each component so you can see exactly where the costs come from.

If your estimate seems higher than expected, check whether real property is driving the total. In many Florida estates, the family home represents the largest single asset and can push fees into a higher bracket.

Transferring the home into a revocable trust before death can remove it from probate entirely — often producing the single largest cost reduction. Use our executor fee calculator to see how the personal representative compensation alone breaks down by tier.

Step 1: Determine whether formal probate is required. Florida allows estates valued below $75,000 to use a small estate affidavit, bypassing formal probate entirely. Verify the total value of probate assets (excluding jointly held property, beneficiary-designated accounts, and trust assets).

If the estate qualifies, you may save thousands in fees and months of processing time.

Step 2: Gather essential documents. Before contacting an attorney or the Florida probate court, collect: the original will (if one exists), death certificates (order at least 10 certified copies), recent bank and investment statements, real property deeds, vehicle titles, life insurance policies, and any trust documents. Having these ready saves billable time and speeds up the petition filing.

Step 3: Consult a Florida probate attorney. Most Florida probate attorneys offer an initial consultation to evaluate the estate and outline the expected process, timeline, and costs. Bring your document inventory and this cost estimate.

Ask about their fee structure, expected timeline, and whether any aspects may require extraordinary services.

Step 4: Open the probate case. The personal representative (or their attorney) files a petition with the Florida probate court in the county where the decedent lived. This establishes jurisdiction and triggers the statutory creditor notice period.

From this point, the court supervises the estate through inventory, creditor claims, tax filings, and final distribution.

Step 5: Find a qualified probate attorney in Florida. Your state or county bar association maintains a referral directory of attorneys who specialize in probate and estate administration. Look for attorneys with experience in your specific county court, ask about their fee structure, and confirm whether they handle both testate (with a will) and intestate (without a will) matters.

Florida's 67 counties process probate through their respective Circuit Courts, and filing fees can differ from one circuit to the next. The typical probate timeline in Florida ranges from 6 to 12 months for formal administration, and estates qualifying for summary administration can often be resolved in as little as 30 to 90 days.

The $75,000 small estate threshold in Florida applies to non-exempt assets, excluding homestead property and other constitutionally protected assets. Florida's creditor claim period is 3 months from the first publication of the notice to creditors, and the personal representative generally cannot make distributions until this period expires.

Getting an accurate probate cost estimate early — including both the statutory personal representative and attorney fees — helps families plan and avoid surprises.

One of the most consequential — and most misunderstood — aspects of Florida's probate cost structure is the distinction between gross and net estate value. Florida's statutory fee schedule calculates executor and attorney compensation based on the gross value of probate assets, meaning the full fair market value without deducting mortgages, liens, credit card balances, or other liabilities.

A home appraised at $500,000 with a $400,000 mortgage contributes $500,000 to the fee base, not $100,000.

This gross-value calculation is counterintuitive and can produce fees that seem disproportionate to the estate's actual distributable value. Understanding this distinction early — before the process begins — helps set accurate expectations.

This calculator applies Florida's gross-estate methodology automatically, preventing the common error of estimating fees on net value.

Common probate assets in Florida include solely-owned real property, individually-titled bank and brokerage accounts, vehicles titled only in the decedent's name, personal property of significant value, and business interests without transfer-on-death provisions. Common non-probate assets include life insurance proceeds paid to a named beneficiary, retirement accounts with designated beneficiaries, property held in joint tenancy with right of survivorship, and assets in a revocable living trust.

Accurately categorizing each asset is the foundation of any reliable probate cost estimate.

A Florida probate cost calculator should separate the Florida probate court filing fee, the executor or personal representative compensation, the probate attorney fee, publication and notice costs, creditor claim handling, real estate transfer expenses, and any tax filings required before the probate court approves final distribution to each beneficiary. The total probate cost in Florida is rarely a single filing fee — it is the combined probate cost of opening the estate in probate court, administering estate assets, paying debts, and closing the probate proceeding with a final accounting.

Every line item the calculator pulls in is something the probate attorney and executor will pay out of estate funds before the beneficiary distributions are released.

Start the Florida probate worksheet with the gross probate estate, then remove every asset that passes outside probate court through a living trust, joint tenancy with survivorship, transfer-on-death deed, payable-on-death account, retirement beneficiary designation, or Florida small estate affidavit. The remaining Florida probate estate is the base the probate court actually uses for estimating court filing fees, probate attorney fees, executor or personal representative compensation, bond premiums, appraisal fees, and other estate administration costs.

Probate avoidance through a living trust is the most common way Florida families keep the probate fee schedule from applying to the full estate — assets titled in the living trust never enter probate, so the probate attorney fee and executor fee never attach to them.

For a practical Florida probate cost estimate, the calculator needs the estate value, the Florida county where the probate court will hear the case, whether there is a valid will, whether each beneficiary agrees on distribution, whether real property must be sold under probate court supervision, whether a will contest is likely, whether creditor claims are expected, and whether the estate qualifies for Florida's summary administration path or full formal administration. A will contest, missing heirs, federal estate tax issue, business interest, or multi-county real estate can push the total probate cost far above a routine Florida probate administration — and a contested will routinely doubles probate attorney fees because the probate court schedules additional hearings before any beneficiary distribution.

In Florida, a probate lawyer often charges under the statutory percentage schedule (Fla. Stat.

§§ 733.617, 733.6171) — the same tiered formula that governs executor compensation. Some Florida probate attorneys also offer flat fees for uncontested matters or hourly billing ($250–$450/hr is typical) when work falls outside the statutory schedule.

Filing the petition in Florida probate court still requires court costs on top of the probate lawyer's fee, plus publication, certified copies, and bond premiums when the court requires one.

Florida's summary administration path covers estates below the $75,000 threshold and usually closes in 30–90 days with no formal accounting. Formal administration is the default for larger estates and runs 6–24 months in Florida probate court when real estate, beneficiary disputes, will contests, or out-of-state assets are involved.

Every estate settlement passes through the same probate process stages: appointing the executor, inventory, creditor notice, claim resolution, beneficiary distribution, and final accounting — a will contest can pause any one of these stages for months in Florida.

Probate avoidance saves real money in Florida. A living trust setup ($1,500–$3,500 with a probate attorney) keeps the estate out of probate court entirely; joint ownership, transfer-on-death deeds, and beneficiary designations on retirement accounts and life insurance move assets directly to each named beneficiary without touching the Florida probate process.

Estate planning before death is consistently cheaper than estate settlement after death.

Total probate costs in Florida break down into three primary categories: court filing fees, probate attorney fees, and executor or personal representative compensation. Filing fees in Florida vary across 67 counties — urban counties often charge $400-$1,200 while rural counties may charge $200-$500.

Personal representative compensation in Florida follows a statutory percentage schedule under Fla. Stat.

§§ 733.617, 733.6171, applied to the gross probate estate. Probate attorney fees are charged either as a percentage of the estate (in statutory states) or hourly ($200-$500/hr in most Florida jurisdictions) — use this probate fee calculator above to estimate the combined amount.

Asset-based cost calculation matters because probate fees scale with the value of estate assets that pass through the court. Assets that avoid probate — joint accounts with rights of survivorship, retirement accounts with named beneficiaries, life insurance with designated beneficiaries, transfer-on-death deeds, and property held in a living trust — are not included in the probate fee base.

Estates valued below $75,000 may qualify for Florida's simplified probate or small estate procedures, which reduce or eliminate court filing fees and probate attorney fees.

Typical probate administration in Florida runs 6 to 18 months. Estates with contested wills, real estate that must be sold, business valuations, or out-of-state assets routinely extend past 24 months and accumulate additional probate attorney fees, executor compensation, and court costs.

Each beneficiary should review the executor's accounting before final distribution to verify that probate fees, attorney fees, and the executor fee match the work performed and the value of estate assets administered.

With 67 counties, Florida presents meaningful variation in probate costs from one jurisdiction to the next. While the statutory fee schedule sets a statewide floor for executor and attorney compensation, county-level court costs, filing fees, and administrative surcharges are set locally and can differ by hundreds of dollars.

High-volume urban courts may charge different rates than rural courts with lighter caseloads.

Beyond direct costs, county-level differences in Florida affect the practical experience of probate. Urban courts with dedicated probate divisions tend to process routine matters more efficiently but may impose stricter procedural requirements.

Rural courts with generalist judges may be more flexible on procedure but slower to schedule hearings. For estates spanning multiple Florida counties, these variations compound — an estate with real property in three different counties may require ancillary filings in each jurisdiction, each with its own fee schedule and timeline.

This probate cost calculator incorporates Florida-specific fee data at both the state and county level where available. For counties without published fee schedules, the calculator applies statewide defaults and notes where manual verification may be needed — so you always know how confident to be in the estimate.

The busiest probate courts in Florida handle cases in Miami Dade County, Broward County, and Palm Beach County — click any county for local filing fee and timeline details.

Florida's statutory fee schedule covers ordinary administration: inventorying assets, paying creditors, filing tax returns, and distributing the estate.

When administration requires services beyond this scope, Florida courts may authorize additional compensation for both the executor and attorney.

Common triggers for extraordinary compensation:

• will contests or other estate litigation
• sale of real property during administration
• operation of the decedent's business
• complex tax planning or audit defense
• contested creditor claims requiring negotiation or adjudication

Extraordinary fee petitions must demonstrate that services were outside ordinary administration, necessary to protect the estate, and competently performed — document from the moment the need arises, not at the end.

Beyond professional fees, Florida estates routinely incur:

• surety bond premiums (required unless the will waives the bond)
• real property appraisals and business valuations
• publication of notice to creditors in local newspapers
• certified copies of court orders for financial institutions and title companies
• accounting and tax preparation fees for estate income and estate tax returns

The most effective way to reduce probate costs in Florida is to shrink the probate estate itself. Assets held in a revocable living trust, accounts with beneficiary designations, and property in joint tenancy all transfer outside of probate — removing them from the fee base entirely.

For statutory-percentage states like Florida, every dollar removed from the gross estate directly reduces the personal representative's and attorney's fees.

Transfer-on-death (TOD) and payable-on-death (POD) registrations on bank accounts, brokerage accounts, and vehicle titles are the simplest probate-avoidance tools. They cost nothing to set up, take effect automatically at death, and bypass court entirely.

Every financial institution that holds estate assets should be checked for beneficiary designation options.

Small estate procedures offer another path. If the total probate estate falls below $75,000 in Florida, the small estate affidavit process eliminates court filing fees, personal representative fees, and attorney fees entirely.

Even estates slightly above the threshold can sometimes qualify by moving one or two assets out of probate through beneficiary designations or TOD registrations.

Negotiating attorney fees is possible in Florida for services beyond the statutory schedule — while base statutory fees are fixed, attorney engagement for ancillary work is negotiable. The personal representative can also waive personal compensation, which reduces total estate administration costs by eliminating one of the two major fee categories.

Independent administration, where Florida law allows it, minimizes court involvement after the initial appointment order. Fewer court hearings mean lower filing fees, less attorney time, and a faster timeline — all of which reduce total probate costs.

Check whether the will grants independent authority or whether all beneficiaries can consent to this streamlined approach.

This free probate cost calculator covers Florida statutory fee tiers, county-level filing fees across all 67 counties, and current small estate thresholds — updated as the legislature changes them. No account required, no limits on basic calculations, and results are available instantly.

Whether you're an executor trying to understand what probate will cost, a family member planning next steps, or simply researching Florida probate law, this calculator gives you a clear, verified estimate in minutes. Select your county above for local filing fees and court details, or use the calculator to compare costs across multiple states if the estate includes out-of-state assets.

After running your estimate, check the probate timeline and estate tax calculator for a complete picture of what to expect.