Florida Probate Cost: Full Breakdown

Quick answer: Florida sets both a PR commission and an attorney fee on a presumed-reasonable schedule — each about 3% on a $500,000 estate ($15,000 each, ~$30,000 combined). But both are negotiable, family PRs usually waive the commission, and most attorneys quote a flat $3,000–$5,000. Add a ~$400 filing fee. No state estate or inheritance tax. Get your own figure with the Florida probate cost calculator.

The two statutory schedules

1. PR commission — § 733.617

Presumed reasonable at Fla. Stat. § 733.617: 3% of the first $1M, 2.5% ($1M–$5M), 2% ($5M–$10M), 1.5% (above $10M), on the compensable value. Waivable — and family PRs usually do.

2. Attorney fee — § 733.6171

Fla. Stat. § 733.6171(3) schedule: $1,500 up to $40,000; +$750 to $70,000; +$750 to $100,000; then 3% on the next $900,000 (to $1M); 2.5% ($1M–$3M); 2% ($3M–$5M); 1.5% ($5M–$10M); 1% above. Not mandatory — the statute requires the attorney to disclose it's negotiable.

Worked examples (statutory, both fees)

Estate value	PR (§ 733.617)	Attorney (§ 733.6171)	Filing + notice	Approx. total
$100,000	$3,000	$3,000	$850	≈ $6,850
$500,000	$15,000	$15,000	$850	≈ $30,850
$1,000,000	$30,000	$30,000	$850	≈ $60,850

Filing + notice = $400 + $250 + $200. These are the statutory figures; in practice the PR usually waives their half and the attorney often charges a flat $3,000–$5,000, so real costs are much lower. Run your own numbers in the calculator.

Summary administration — the cheap route

Florida's summary administration avoids appointing a PR and skips most of the cost. As of July 1, 2026, it's available when the estate (less exempt property) is $150,000 or less — raised from $75,000 — or when the death was more than 2 years ago. This is the single biggest cost saver for a qualifying Florida estate.

How to reduce Florida probate costs

Qualify for summary administration ($150,000 or less since July 1, 2026).
PR waives the commission if a family member and heir.
Negotiate a flat attorney fee — the § 733.6171 schedule is a ceiling, not a floor.
A living trust or Lady Bird deed avoids probate entirely.

Florida probate cost — frequently asked questions

Why does Florida charge both a PR commission and an attorney fee?

They compensate two different roles — the personal representative for administering the estate under § 733.617, and the attorney for legal work under § 733.6171 — and Florida happens to set presumed-reasonable percentage schedules for both, unlike most states which only regulate one or neither.

Is the Florida statutory schedule mandatory?

No — both the PR commission and the attorney fee are presumed reasonable, not mandatory. The PR can waive their commission entirely, and the statute requires attorneys to disclose that their fee is negotiable.

What changed about Florida's summary administration limit?

Effective July 1, 2026, Chapter 2026-57 raised the summary administration ceiling from $75,000 to $150,000 of estate value less exempt property, moving many more estates into the cheaper, faster process.

Does Florida have an estate or inheritance tax added to probate cost?

No — Florida has no state estate tax and no inheritance tax, so the cost of Florida probate is limited to the commission, attorney fee, and court costs described here.

What is the single biggest way to reduce Florida probate costs?

Qualifying for summary administration if the estate is small enough, since it avoids appointing a personal representative and skips most of the statutory fee structure entirely.

Estimate for general guidance only, not legal advice. PR commission presumed reasonable under Fla. Stat. § 733.617; attorney fee under § 733.6171 — both negotiable, not mandatory. Summary administration up to $150,000 since July 1, 2026 (§ 735.201). Filing fees vary by county. Verify with the Clerk of Court or a licensed Florida attorney.