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Calculator Updated: April 2026

Florida Probate Fee Estimator

Estimate mandatory executor commissions and attorney fees based on Florida probate code.

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*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.

Crucial Rule: Homestead is Exempt

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.


The Statutory Formula (Fla. Stat. § 733.617)

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).

  • 3% on the first $1 million
  • 2.5% on the next $4 million
  • 2% on the next $5 million
  • 1.5% on amounts over $10 million

Can You Skip Probate? (Summary Administration)

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.

Disposition without 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.

Timeline & Steps

Formal Administration in Florida typically takes 6 to 12 months. The court is involved in almost every step.

1. File Petition

File the Petition for Administration in the Circuit Court of the county where the deceased lived.

2. Letters of Administration

The judge appoints the Personal Representative (PR) and issues 'Letters' granting authority.

3. Notice to Creditors

Strict Requirement: You must publish a notice and wait 3 months for creditors to file claims.

4. Close Estate

After paying debts and taxes, file a Final Accounting and distribute assets to beneficiaries.

Don't Let Probate Eat Your Inheritance

A Living Trust can bypass this entire process.

See How to Avoid It →

Frequently Asked Questions

Is the Homestead included in probate fees?
Generally, No. Protected homestead property is not considered part of the probate estate for fee calculation purposes, provided it passes to a qualified heir (spouse or blood relative).
How much do Florida probate lawyers charge?
Florida law presumes fees of roughly 3% of the estate value + hourly rates for 'extraordinary services' are reasonable. For a $500k estate, attorney fees typically range from $10,000 to $15,000.
What happens if there is no Will?
The estate is 'Intestate.' Florida law dictates that assets go to the spouse first, then children. If there is a spouse and children from a previous marriage, the split is 50/50.
Do I need a lawyer for Florida probate?
Yes. Unlike many states, Florida law REQUIRES almost all Personal Representatives to be represented by an attorney licensed in Florida.
Probate Disclaimer: This calculator provides statutory estimates for informational and educational purposes only. FinanceSmartUSA is not a law firm. Actual probate fees are determined by the court and may vary based on case complexity.