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Florida Probate Cost Calculator

Estimate the full cost of probate in Florida — the personal representative commission (Fla. Stat. § 733.617) and the attorney fee schedule (§ 733.6171), both about 3%, plus the filing fee and publication — based on your estate value, with the Florida Statutes cited.

Based on Fla. Stat. § 733.617 & 733.6171 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your Florida estate

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$
Statutory schedule
Flat fee (negotiated)
Estimated total probate cost in Florida
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— of the estate
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How probate costs work in Florida

Probate in Florida runs through the Circuit Court in the county where the person lived — Miami-Dade, Broward, Palm Beach, Hillsborough (Tampa), Orange (Orlando), Duval (Jacksonville) and the state's 67 counties. Florida is one of the few states that sets both a personal representative commission and an attorney fee on a percentage schedule — but, unlike California, both are presumed reasonable ceilings that are negotiable, not mandatory.

Florida keeps costs moderate with waivable/negotiable fees, a cheap summary administration for smaller estates, and no state estate or inheritance tax.

1. Personal representative commission — 3% presumed

Fla. Stat. § 733.617: the commission is presumed reasonable at 3% of the first $1 million, 2.5% from $1M–$5M, 2% from $5M–$10M, and 1.5% above $10M, on the compensable value (inventory + income). On a $500,000 estate that's $15,000.

A family member serving as PR can simply waive it — and most do, because taking it converts a tax-free inheritance into taxable income.

2. Attorney fee — a presumed-reasonable schedule

Fla. Stat. § 733.6171: presumed reasonable at $1,500 up to $40,000, rising to $3,000 at $100,000, then 3% on the next $900,000 (to $1M), 2.5% from $1M–$3M, and lower above. On a $500,000 estate that's about $15,000. Crucially, the statute says this is not mandatory and is negotiable.

Because it's negotiable, most routine Florida estates are handled on a flat fee of $3,000–$5,000 instead of the full percentage. In formal administration, the PR generally must be represented by an attorney (unless sole interested person).

3. Filing & other costs

  • Court filing fee — about $400 for formal administration; $235–$345 for summary administration (by county).
  • Publication of notice to creditors — roughly $100–$400.
  • Certified Letters, bond, appraisals — a few hundred dollars.

4. When probate is cheaper or skippable in Florida

  • Summary administration — as of July 1, 2026, for estates (less exempt property) of $150,000 or less (raised from $75,000), or when death was more than 2 years ago. No PR appointed; far cheaper.
  • Disposition without administration — for very small estates, to reimburse funeral/medical costs.
  • Living trust, POD/TOD, joint tenancy, Lady Bird deed — pass assets outside probate.

Note: Florida has no estate tax and no inheritance tax, and the homestead has strong creditor and transfer protections.

Cost componentFlorida figureSource
PR commission3% first $1M (presumed, waivable)§ 733.617
Attorney feeSchedule to 3%; negotiable (~$3k–$5k flat common)§ 733.6171
Court filing fee~$400 formal; $235–$345 summaryClerk of Court
Summary administration limit$150,000 (from Jul 1, 2026)§ 735.201
State estate / inheritance taxNoneFlorida DOR

Florida probate cost — frequently asked questions

How much does probate cost in Miami / Tampa / Orlando?

The fee schedules are statewide; only the county clerk's filing fee differs slightly. In Miami-Dade, Broward, Hillsborough (Tampa) or Orange (Orlando), a $500,000 formal estate runs about $15,000 PR commission + $15,000 attorney (or a negotiated flat fee, often much less) + a ~$400 filing fee. Summary administration, if the estate qualifies, costs a fraction of that.

Did Florida's summary administration limit change?

Yes. Effective July 1, 2026, Chapter 2026-57 raised the summary administration ceiling from $75,000 to $150,000 (estate value less exempt property). This moved a large band of estates out of the more expensive formal administration, so more families now qualify for the cheaper, faster route.

Can I avoid the statutory attorney fee in Florida?

Yes. Unlike California's mandatory schedule, Florida's § 733.6171 fee is a presumed-reasonable ceiling, and the statute requires attorneys to disclose that it is negotiable. Most routine estates are handled on a flat fee of $3,000–$5,000. Always ask for a written flat-fee quote up front.

Does the personal representative have to take the commission?

No. Under § 733.617 the PR is entitled to the commission but can waive it. Family members who are also beneficiaries almost always waive, because the commission is taxable income while the inheritance is generally tax-free.

How long does probate take in Florida?

Formal administration usually takes 6–12 months, driven by the 3-month creditor claim period after publication. Summary administration can finish in a few weeks to a couple of months.

Florida probate tools & guides

Florida Probate Cost: Full BreakdownBoth schedules, with examples Probate Attorney Fees in FloridaThe § 733.6171 schedule, and flat fees Florida Probate Filing FeesFormal vs summary, by county Florida PR Commission CalculatorThe 3% § 733.617 commission

This calculator provides an estimate for general guidance only and is not legal or financial advice. The PR commission is presumed reasonable under Fla. Stat. § 733.617, and the attorney fee under § 733.6171 — both on the compensable value, both negotiable and not mandatory. The court filing fee (~$400 formal) varies by county. The summary administration limit rose to $150,000 effective July 1, 2026 (§ 735.201). Confirm current figures with the Clerk of Court or a licensed Florida attorney before acting.