How Much Can Probate Cost in Florida?
Section 733.6171 of the Florida Statutes provides the compensation structure guidelines for an attorney representing an estate in probate. While it’s not mandatory that these fees be followed (the parties can agree on higher or lower fee structure) many attorneys follow the rate set forth in the statute. The size and complexity of the estate dictates the terms, but a typical example of attorney fees under these guidelines, such as an estate with $500,000 in assets, would amount to $15,000: $3,000 for the first $100,000 and $12,000 for the remainder.
Section 733.6171(3) provides an additional breakout:
(3) Subject to subsection (2), compensation for ordinary services of attorneys in a formal estate administration is presumed to be reasonable if based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during the administration as provided in the following schedule:
- Approximately $1,500 for estates having a value of $40,000 or less.
- An additional $750 for estates having a value of more than $40,000 and not exceeding $70,000.
- An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000.
- For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000.
- At the rate of 2.5 percent for all above $1 million and not exceeding $3 million.
- At the rate of 2 percent for all above $3 million and not exceeding $5 million.
- At the rate of 1.5 percent for all above $5 million and not exceeding $10 million.
- At the rate of 1 percent for all above $10 million.
- A will contest
- Apportionment of estate taxes
- An adversarial proceeding or litigation by or against the estate
- Preparation of an estate’s federal tax return
- Additional legal advice
When you partner with a skilled estate planning attorney, they’ll design strategies in your plan that help avoid a complex probate process as much as possible.
