Probate Attorney Fees in Florida

What probate lawyers charge in Florida — the § 733.6171 presumed-reasonable schedule, why it's a ceiling and not mandatory, and the flat fees most estates actually pay.

Fla. Stat. § 733.6171 FigureMyTax Editorial Team

Quick answer: Florida has a presumed-reasonable attorney fee schedule under Fla. Stat. § 733.6171 — about $15,000 on a $500,000 estate. But, unlike California, the statute expressly says the fee is not mandatory and is negotiable, so most routine estates are handled on a flat fee of $3,000–$5,000.

The statutory schedule (§ 733.6171(3))

Compensable estate valuePresumed-reasonable fee
$40,000 or less$1,500
$40,000 – $70,000+$750 ($2,250)
$70,000 – $100,000+$750 ($3,000)
$100,000 – $1,000,000+3% of the next $900,000
$1,000,000 – $3,000,000+2.5%
$3,000,000 – $5,000,000+2%
above $5,000,0001.5% / 1%

So a $500,000 estate is $3,000 + 3% of $400,000 = $15,000 under the schedule. Extraordinary services (litigation, sales, tax returns) can be billed on top.

The key point: it's negotiable

Disclosure required: under § 733.6171(2), an attorney intending to charge the statutory schedule must disclose in writing that the fee is not required to be based on estate size, that the schedule may not be appropriate, and that the fee is subject to negotiation. This is why Florida attorney fees are so often a flat quote rather than the full percentage.

Do you need an attorney?

In formal administration, Florida generally requires the PR to be represented by an attorney — unless the PR is the sole interested person. Summary administration and disposition without administration can sometimes be handled without one.

How to pay less in Florida

  • Ask for a flat fee up front — standard for routine estates ($3,000–$5,000).
  • Qualify for summary administration ($150,000 or less since July 1, 2026).
  • Keep assets out of probate with a living trust or Lady Bird deed.

Attorney fees are only part of the picture. See the full cost in the Florida probate cost breakdown, or estimate your total with the Florida probate cost calculator.

Florida probate attorney fees — frequently asked questions

How much does a probate lawyer cost in Florida?

Florida's presumed-reasonable schedule (§ 733.6171) is $1,500 up to $40,000, $3,000 at $100,000, then 3% on the next $900,000 — about $15,000 on a $500,000 estate. But the statute says it is not mandatory and is negotiable, so most routine estates are handled on a flat fee of $3,000 to $5,000.

Do I need an attorney for probate in Florida?

For formal administration, yes — Florida generally requires the personal representative to be represented by an attorney, unless the PR is the sole interested person. Summary administration and disposition without administration can sometimes be done without one.

Must a Florida probate attorney disclose that their fee is negotiable?

Yes. Under § 733.6171(2), an attorney intending to charge the statutory schedule must disclose in writing that the fee is not required to be based on estate size and is subject to negotiation.

What is a typical flat fee for Florida probate?

Commonly $3,000 to $5,000 for a routine, uncontested estate, since most Florida attorneys quote a flat fee rather than the full statutory percentage schedule.

Are extraordinary services billed separately in Florida probate?

Yes — services like litigation, real-estate sales, or tax proceedings can be billed on top of the ordinary statutory or flat fee, subject to what the parties agree or the court approves.

Facing probate in Florida?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Florida attorney

Estimate for general guidance only, not legal advice. Florida's § 733.6171 attorney fee is a presumed-reasonable ceiling, not mandatory, and must be disclosed as negotiable. Actual fees are often a lower flat quote. Confirm with a licensed Florida attorney.