Estimate mandatory executor commissions and attorney fees based on Florida probate code.
*This guide is for educational purposes only and does not constitute legal advice.
Probate in Florida is a common reality given the state's large retiree population. Unlike Texas (which uses a flat cap) or California (which taxes gross value), Florida uses a Reasonable Fee standard that presumes specific statutory percentages are fair.
In Florida, the primary residence (Homestead) is often not considered a probate asset if it is passed to a spouse or children. This means a $5 million beach house might be completely excluded from the fee calculation, saving the family over $100,000 in fees.
As of 2026, the Florida Statutes provide a presumptive fee schedule for the Personal Representative (Executor). Attorneys also have a similar statutory schedule (Fla. Stat. § 733.6171).
Florida offers a fast-track option called Summary Administration. It takes only 2-4 months instead of the usual 9-12 months.
You qualify if the total value of non-exempt assets is less than $75,000 OR if the decedent has been dead for more than 2 years. Read our full guide on Florida Summary Administration.
For very small estates (typically under $6,000 in reimbursement expenses), you might skip court entirely using a 'Disposition of Personal Property without Administration' form to reimburse funeral costs.
Formal Administration in Florida typically takes 6 to 12 months. The court is involved in almost every step.
File the Petition for Administration in the Circuit Court of the county where the deceased lived.
The judge appoints the Personal Representative (PR) and issues 'Letters' granting authority.
Strict Requirement: You must publish a notice and wait 3 months for creditors to file claims.
After paying debts and taxes, file a Final Accounting and distribute assets to beneficiaries.
A Living Trust can bypass this entire process.
See How to Avoid It →