Florida Probate Fees in 2026: What You’ll Actually Pay (and Who Pays It)

A Florida probate for a typical $300,000 estate will run a family between $9,000 and $21,000 in attorney and personal representative fees. Almost none of that money comes out of any one person’s pocket. It’s paid from the estate itself, often after the assets have been collected and the bills have been paid.

The fee schedule that produces those numbers is published by the Florida Legislature. It’s called Florida Statute §733.6171, and most people who hire a probate attorney never read it. They also never hear the rule that comes with it: under §733.6171(2), the schedule is presumed reasonable but is not mandatory, and your attorney is required by law to disclose in writing that the fee is negotiable. Knowing that is worth real money.

This guide walks through the 2026 fee schedule line by line, shows what four real estates actually cost from start to finish, and explains who pays each piece. If you’re a personal representative trying to budget, or a beneficiary trying to understand what’s coming out of your share, this is the plain-English version.

Key Takeaways – The Florida statutory attorney-fee schedule starts at $1,500 for estates under $40,000 and scales to 1% for estates over $10 million (Fla. Stat. §733.6171, 2025). – Total probate cost (attorney + personal representative + court + publication) typically runs 3-7% of the gross estate value. – The statutory fee is not mandatory. Florida law requires a written disclosure that the fee is “subject to negotiation.” – The estate pays. Personal representatives are reimbursed for out-of-pocket filing costs as a Class 1 priority claim before any beneficiary distribution (Fla. Stat. §733.707). – Most uncontested Florida probates qualify for a flat fee that comes in well below the statutory percentage.

How Much Does a Florida Probate Lawyer Cost in 2026?

In 2026, a Florida probate lawyer typically charges between $1,500 and 3% of the estate’s value for ordinary services, governed by Fla. Stat. §733.6171. For a $200,000 estate, that’s roughly $4,500 in attorney fees plus about $400 in court costs and another $200 in publication fees. For a $50,000 estate going through summary administration, the total bill can come in under $2,500.

The dollars depend on three things: the size of the estate, the type of administration (formal vs. summary), and whether anyone fights about anything.

Florida attorneys bill probate work three different ways:

• Statutory percentage. The default under §733.6171, scaling from $1,500 floor to 1% over $10 million.
• Flat fee. Common for uncontested formal administrations. Florida firms typically start flat fees at around $3,000 to $5,000.
• Hourly. Used for contested matters or “extraordinary services” (more on that below). Florida 2025-2026 hourly rates run $325 to $750 per hour depending on county and seniority.

For most families calling about probate after a death, the relevant number is the flat fee, because most estates are uncontested and the statutory schedule turns out to be more than the work actually requires. A good probate firm will tell you the flat fee on the first call. If you don’t get a number, get a different firm.

From Matt’s desk: In 18 years of handling Florida probates out of Lakeland, the single biggest cost driver isn’t the size of the estate. It’s whether the heirs are talking to each other. Two adult children who agree on everything will close a $400,000 estate cheaper than two siblings fighting over a $90,000 estate. Communication is free. Litigation isn’t.

The Florida Statutory Fee Schedule (Fla. Stat. §733.6171)

The fee schedule below is what Florida law presumes is reasonable for “ordinary services” rendered by an attorney representing a personal representative. It’s a tiered structure: the first $40,000 of estate value is covered by a flat $1,500, and each tier above that adds either a flat dollar amount or a declining percentage.

Here’s the full schedule, expressed in plain English:

Estate Value (Compensable)	Attorney Fee for Ordinary Services
Up to $40,000	$1,500
$40,001 to $70,000	$2,250 ($1,500 + $750)
$70,001 to $100,000	$3,000 ($1,500 + $1,500)
$100,001 to $1,000,000	$3,000 + 3% of the amount over $100,000
$1,000,001 to $3,000,000	$30,000 + 2.5% of the amount over $1M
$3,000,001 to $5,000,000	$80,000 + 2% of the amount over $3M
$5,000,001 to $10,000,000	$120,000 + 1.5% of the amount over $5M
Over $10,000,000	$195,000 + 1% of the amount over $10M

A few things to notice. First, the $1,500 floor doesn’t bend. Even a $5,000 estate triggers the same $1,500 statutory fee, which is part of why summary administration of very small estates often makes more sense than formal administration (we’ll get to that). Second, the percentages decline as the estate grows, so a $10 million estate doesn’t pay 3% on the whole thing. It pays a tiered combination. Third, “compensable estate value” means the value the attorney is responsible for administering. Assets that pass outside probate (jointly owned property, life insurance with a named beneficiary, retirement accounts) generally don’t count.

The schedule covers “ordinary services.” Anything beyond that (litigation, tax matters, real-estate transactions) is billed separately as “extraordinary services” under §733.6171(4). More on that further down.

The math vs. the cost: The schedule above tells you the rule. The table below tells you what the rule looks like in practice. Notice that a $300,000 estate (the most common range we see in Polk County) lands at roughly $18,600 in total probate costs. That’s about 6.2% of the estate value, paid from estate assets, not out of any one person’s pocket.

Worked Examples: What 4 Real Estates Actually Cost

Most articles on Florida probate fees stop at the schedule and the percentages. Almost none show the full math. Here’s what four real estates actually cost in 2026, including everything: attorney, personal representative, court, and publication.

Estate Value	Administration Type	Attorney Fee	PR Fee (3%)	Court Costs	Publication	Total
$50,000	Summary Administration	$1,500 flat	n/a (no PR appointed)	$344	$200	~$2,044
$150,000	Formal Administration	$4,500	$4,500	$399	$200	~$9,599
$300,000	Formal Administration	$9,000	$9,000	$399	$200	~$18,599
$750,000	Formal Administration	$22,500	$22,500	$399	$200	~$45,599

A few notes on this table:

• The personal representative fee is also statutory under Fla. Stat. §733.617. It’s typically 3% on the first $1 million of estate value, with a tiered structure similar to the attorney schedule.
• Summary administration doesn’t appoint a PR, so there’s no PR fee on the $50,000 example. That’s part of why summary administration is so much cheaper for small estates.
• Court filing costs are statutory under Fla. Stat. §28.2401: $399 to open a formal administration ($395 + $4 supplemental), and $344 for summary administration of estates of $1,000 or more. We round to $400 in the table for simplicity.
• Publication of the Notice to Creditors (a required step in formal administration) runs $100 to $250 depending on which legal newspaper handles it. The $200 figure is typical.
• These numbers assume the estate is uncontested. If the will is challenged, if creditors dispute the priority of payment, or if a beneficiary files a will contest, costs climb fast.

For a $300,000 Florida estate going through formal administration, expect roughly $18,600 in total probate costs in 2026: $9,000 attorney fee under the statutory schedule, $9,000 personal representative fee, $399 in court filing costs, and around $200 in publication. That total works out to about 6.2% of the estate value. Almost every penny is paid out of estate assets at closing, not out of any individual’s pocket.

Who Actually Pays the Probate Attorney?

In Florida, the attorney’s fee for probate is paid from the estate’s assets, not by the personal representative or any beneficiary personally. The PR fronts the initial filing costs (typically $400 to $700) and is reimbursed as a Class 1 priority claim before beneficiaries receive any distribution under Fla. Stat. §733.707.

That structure matters more than people realize. When a sibling tells you “Dad’s probate is going to cost twenty grand,” your response should not be “where am I getting twenty thousand dollars?” Your response should be “let me see the fee disclosure and the engagement letter.” The estate pays.

Here’s how the cash flow actually works in a typical case:

1. The PR opens the estate and writes the firm a check or wire transfer for the upfront filing cost (usually $400 to $700, depending on county filing fees and the cost of certified copies).
2. The firm files the petition, pays the court, publishes the Notice to Creditors, and begins administration.
3. As estate assets are collected (bank accounts liquidated, the house sold, retirement accounts distributed where appropriate), the firm’s fee accrues.
4. At closing, the attorney’s fee is paid from estate funds, the PR is reimbursed for the upfront costs, the PR fee is paid, and remaining assets are distributed to beneficiaries.

If the estate is illiquid (lots of real estate, no cash), the firm and the PR sometimes wait longer to be paid. If the estate runs out of money to pay everyone, the priority of payment under §733.707 controls who gets paid first. Class 1 covers attorney fees, PR fees, and PR reimbursements. Class 1 sits ahead of unsecured creditors and well ahead of beneficiaries. For a deeper look at the priority-of-payment rules, see our breakdown of Florida Probate Statute §733.707.

The practical takeaway: as a PR, you should not be writing personal checks for attorney fees. If a firm asks you to, get clarity in writing about how and when you’ll be reimbursed.

The Disclosure Rule Most People Never Hear About

Under Fla. Stat. §733.6171(2), a Florida probate attorney must give the personal representative a written disclosure stating that the statutory fee schedule is not mandatory and that the attorney’s compensation is subject to negotiation. Without that written disclosure, the attorney cannot collect on the schedule without separate court approval.

This is the rule that separates expensive probates from reasonable ones, and it’s the rule that most clients have never heard of.

The disclosure has to spell out, in writing, that you (the PR) are free to negotiate a fee. It can’t be buried in a footnote. It can’t be implied. It has to be a clear statement, on its own. The reason the Florida Bar pushed for this rule is exactly what you’d suspect: too many attorneys were charging the statutory percentage on uncontested estates that didn’t require statutory-percentage work.

What you should do with the rule:

• Ask for the §733.6171(2) disclosure on day one. A good firm will hand it to you without prompting.
• Ask if a flat fee is available. For most uncontested estates under $500,000, the flat fee should be lower than the statutory percentage.
• If the answer is “we always charge the statutory schedule,” that’s your cue to interview a different firm.

This isn’t an adversarial conversation. It’s a conversation Florida law assumes you’re going to have. The firm that welcomes it is the firm you want.

Flat Fee vs. Statutory Percentage: Which Is Cheaper?

For an uncontested Florida estate under $500,000, a flat fee is almost always cheaper than the statutory percentage. For contested estates over $1 million with significant extraordinary services, the statutory percentage can sometimes end up lower because extraordinary work is billed separately on top of the schedule.

Here’s the visual:

Notice where the two lines cross. Around the $300,000 mark, statutory and flat fees converge. Below that, flat fees usually win. Above $500,000, the statutory percentage starts running away from the flat fee, and a good firm will offer to cap the flat fee or build a hybrid (flat fee for ordinary services, hourly for extraordinary work).

If the estate is small and the heirs are aligned, you should be paying a flat fee. If the estate is enormous and the heirs are fighting, you may pay a hybrid. If you’re being charged the full statutory percentage on a routine $400,000 administration with no disputes, ask why.

For more on the flat-fee model and the cases that qualify, see our companion article on most Florida probates qualify for a flat fee.

Court Costs, Publication Fees, and Other Out-of-Pocket Items

Beyond the attorney’s fee, every Florida probate has a handful of fixed-cost items that the estate has to cover. They’re predictable, they don’t vary much by attorney, and they’re often what surprises a personal representative who only budgeted for legal fees.

The basics:

• Court filing fee. Florida sets the formal administration filing fee statewide under Fla. Stat. §28.2401: $395 plus a $4 supplemental charge, for a total of $399 to open a formal administration. Summary administration runs lower: $344 for estates of $1,000 or more, and $234 for estates under $1,000. Polk County, where MTM Law Firm is based, charges these statutory fees with no county add-on.
• Publication of Notice to Creditors. Florida law requires the PR to publish notice in a county newspaper of general circulation, and that publication runs $100 to $250 depending on the paper and the county.
• Certified copies. You’ll need certified copies of the Letters of Administration to deal with banks, the DMV, and title companies. Each certified copy runs about $7 to $10.
• Certified mail. Notice to known creditors goes out by certified mail with return receipt. Budget about $7 per known creditor.
• Recording fees. If the estate transfers real property by personal representative’s deed, county recording fees apply (typically $10 for the first page plus $8.50 per additional page, with documentary stamps potentially due).
• Bond premium. If the will doesn’t waive bond and the court requires it, you’ll pay an annual surety bond premium (typically 0.5% to 1% of the estate value, paid annually until the estate closes).

None of these are expensive individually. Together, they typically add up to $400 to $1,200 on top of the attorney and PR fees, depending on the estate’s complexity and whether bond is required.

Extraordinary Services: When Costs Climb

The statutory schedule covers “ordinary services,” which Florida law treats as the routine administrative work of opening the estate, gathering assets, paying creditors, and distributing what’s left. Anything outside of that bucket is “extraordinary services” under §733.6171(4), and it’s billed separately on top of the schedule.

What counts as extraordinary:

• Will contests and litigation. A challenge to the validity of the will, a fight over a beneficiary designation, or a dispute among heirs.
• Tax matters. Federal estate tax filings (Form 706), income tax returns for the estate, gift tax issues.
• Real estate transactions. Sale of estate property, especially if the property is titled jointly or has homestead complications.
• Business operations. If the decedent owned a business and the PR has to operate or liquidate it.
• Ancillary administration. A separate proceeding when the decedent owned property in another state.
• Homestead litigation. Florida’s homestead protections create complex disputes; resolving them is extraordinary.
• Missing-heir investigations. Tracking down beneficiaries who can’t be located. For more, see our guide to the hunt for missing heirs in a Florida probate.

Extraordinary services are typically billed hourly. Florida 2025-2026 hourly rates run $325 to $750 per hour for attorneys, with paralegal time billed at $100 to $175 per hour. The good news is that extraordinary fees require court approval, so a court has to find them reasonable before they’re paid out of the estate.

Three numbers worth holding onto: $1,500 is the statutory floor for any formal administration. 3% is the marginal rate from $100,000 to $1 million (which covers most middle-class estates). And $400 is the typical court filing cost the personal representative fronts and gets reimbursed for as a Class 1 priority claim. Everything else in this guide is variation around those three numbers.

How to Lower Your Florida Probate Costs

The fastest way to reduce probate costs in Florida is to qualify for summary administration, which avoids appointing a personal representative and trims weeks (sometimes months) off the timeline. After that, the levers are alignment among heirs, completeness of asset inventories, and choosing a firm that bills with your interests in mind.

Five practical levers:

1. Ask if summary administration applies. Under Fla. Stat. §735.201, summary administration is available if the estate’s non-exempt assets total $75,000 or less, OR if the decedent has been deceased for more than two years (regardless of estate value). Summary admin is dramatically cheaper than formal administration. See our Florida summary administration service page for the full eligibility rules.
2. Ask for a flat fee. The disclosure requirement under §733.6171(2) is the law’s invitation to negotiate. Use it.
3. Get the heirs aligned before filing. A 30-minute family conversation before opening the estate is the cheapest legal advice anyone will ever give you. Disputes are the single biggest cost driver.
4. Provide a complete asset inventory upfront. Every email and phone call asking for a missing account number is billable time on the back end. Spend an afternoon putting together the full picture before the first meeting.
5. Consider non-probate transfers during life. Beneficiary designations, joint ownership, and revocable living trusts can move significant assets outside the probate process. For an overview, see our guide to how to avoid Florida probate.

If you’re a personal representative trying to budget, get a clear written engagement letter that shows the fee structure (flat or statutory), the upfront cost deposit required, the policy on extraordinary services, and the expected closing timeline. That single document prevents most of the surprises that families end up calling lawyers about months later.

Frequently Asked Questions

The Bottom Line on Florida Probate Fees in 2026

Three numbers worth remembering:

• $1,500. The floor under the Florida statutory attorney fee schedule. Even the smallest formal administration triggers it.
• 3%. The marginal rate on estates between $100,000 and $1 million. It’s the rate that determines what most middle-class probates end up costing.
• $400. The typical court filing fee that the personal representative pays out of pocket and is reimbursed for as a Class 1 priority claim.

And one rule worth remembering even more: the statutory schedule is not mandatory. Florida law requires your attorney to disclose, in writing, that the fee is negotiable. Use that disclosure. Most uncontested probates qualify for a flat fee that costs less than the schedule. The firms worth hiring will tell you that on the first call.

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About the Author

Matthew T. Morrison (Florida Bar #1005203) is the founding attorney of MTM Law Firm in Lakeland, Florida, focused on Florida probate, estate administration, and trust litigation. Matt has handled hundreds of Florida probates over his career and writes about probate and estate matters for Florida families and personal representatives. Read Matt’s full bio.

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