How much does probate cost in Florida?

jvtaormina
Feb 17
3 min read

Updated: Mar 27

How Much Does Probate Cost in Florida, and How Much Does a Probate Attorney Cost?

Probate is the legal process of administering a deceased person’s estate, ensuring debts are paid and assets are distributed to heirs. One of the most common questions families face is: How much does probate cost in Florida, and how much does a probate attorney cost? The answer depends on several factors, including the size of the estate, the complexity of the probate process, and the attorney’s fee structure.

How Much Does Probate Cost in Florida?

The overall cost of probate in Florida varies based on the estate’s value, court fees, and other administrative expenses. Here are some of the common costs associated with probate:

Court Filing Fees – These typically range from $300 to $400, depending on the county.
Publication Fees – Florida law requires a notice to be published in a newspaper to alert creditors, which can cost between $100 and $500.

Types of Probate and Their Costs

Florida has different types of probate, and costs vary depending on which type is required:

Disposition Without Administration – Used for very small estates with minimal assets and expenses. This option has the lowest cost.
Summary Administration – Available for estates worth less than $75,000 or when the decedent has been deceased for over two years. This process is faster and less expensive than full probate.
Formal Administration – The most common type of probate, required for larger estates. It involves court oversight and is the most expensive process.

How Much Does a Probate Attorney Cost in Florida?

Florida probate attorneys typically charge using one of the following methods:

1. Percentage of the Estate Value

Some probate attorneys charge a fee based on a percentage of the estate’s total value. Florida law provides the following guideline for “reasonable fees”:

3% of the first $1 million of the estate’s value
2.5% of the next $4 million
2% of the next $5 million
1.5% of amounts over $10 million

2. Flat Fees

Some attorneys charge a flat fee for handling probate from start to finish. These fees typically range from $3,000 to $10,000 or more, depending on the complexity of the case.

3. Hourly Rates

Other attorneys charge by the hour, with rates usually ranging from $250 to $500 per hour. This method can be beneficial for simpler cases but may become costly if complications arise.

Can Probate Attorney Fees Be Paid After the Property Is Sold?

Yes, some law firms, like Taormina Law, P.A. understand that probate can be financially burdensome for families and will wait to collect their fees until after the estate’s property is sold. This can be a helpful option if the estate lacks liquid assets but includes real estate or other valuable holdings. Families should discuss payment arrangements with their attorney to understand how and when fees will be collected.

Ways to Reduce Probate Costs

There are ways to minimize probate expenses, such as:

Creating a Living Trust – Assets in a trust bypass probate, avoiding many of the associated costs.
Using Beneficiary Designations – Naming beneficiaries on financial accounts ensures direct asset transfer without probate.
Joint Ownership – Property owned jointly with rights of survivorship passes automatically to the surviving owner.

Conclusion

The cost of probate in Florida varies based on the estate’s complexity and the attorney’s fee structure. Some law firms charge a standard 3% of the estate’s value, while others offer flat fees or bill hourly. Additionally, some attorneys may allow payment to be deferred until after the sale of estate property, easing financial strain on the heirs. If you need guidance on probate costs and legal representation, contact attorney Joe Taormina at Taormina Law, P.A. for expert help.

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