Understanding the Cost of Probate in Florida

(2025 Edition)

Probate is the legal process of administering a deceased person’s estate—paying debts, distributing assets, and ensuring everything is handled according to the law. In Florida, probate can be a complex and costly process, depending on the size and complexity of the estate. Here's a breakdown of what you can expect in terms of probate costs in Florida in 2025.

1. Types of Probate in Florida

Florida offers three main types of probate:

• Formal Administration: Required for estates over $75,000 or when there are complex issues.

• Summary Administration: A simplified process for estates under $75,000 or when the decedent has been dead for over two years.

• Disposition Without Administration: For very small estates with minimal assets.

2. Court Filing Fees

These are paid to the Clerk of Court when initiating probate:

• Formal Administration: $400

• Summary Administration:

  • $345 (for estates under $1,000)

  • $385 (for estates over $1,000)

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3. Attorney Fees

Florida law provides a presumed reasonable fee schedule for probate attorneys, though actual fees may vary:

• $40,000 or less: $1,500

• $40,000–$70,000: $2,250

• $70,000–$100,000: $3,000

• $100,000–$1 million: 3% of the estate’s value

• $1 million–$3 million: 2.5%

• $3 million–$5 million: 2%

• $5 million–$10 million: 1.5%

• Over $10 million: 1%

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Attorneys may also charge hourly rates ($250–$500/hour) or flat fees depending on the case.

4. Other Common Costs

• Notice to Creditors (publication): $100–$300 (varies by county)

• Document preparation and recording:

  • $10 for the first page, $8.50 for each additional page

  • Certified copies: $3–$5 each

• Letters of Administration: $3–$5 each

• Courier services: $20–$50

• Property appraisals: $300–$1,000+

• Genealogical research (if needed): $200–$1,000+

• Asset search fees: $100–$500

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5. Personal Representative Fees

The personal representative (executor) is also entitled to compensation, typically following the same percentage structure as attorney fees. This is paid from the estate.

6. Factors That Affect Total Probate Costs

• Estate complexity

• Number of beneficiaries

• Type of assets (e.g., real estate, business interests)

• Will contests or disputes

• Choice of probate type (formal vs. summary)

7. Tips to Reduce Probate Costs

• Consider summary administration if eligible

• Keep estate planning documents organized

• Use non-probate transfers like payable-on-death accounts or living trusts

• Discuss fee structures with your attorney upfront

Final Thoughts

Probate in Florida can be expensive, but understanding the cost structure helps you plan ahead. Whether you're an executor or a family member navigating the process, consulting with a qualified probate attorney can save time, money, and stress.

If you’d like help exploring ways to avoid probate altogether, feel free to reach out—I’d be happy to assist.

Moderne Estate Planning LLC

561-585-4631