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Florida Probate vs Living Trust Calculator

Florida's fee schedules are negotiable, unlike California's mandatory ones — but on an estate above the summary-administration line, they still routinely dwarf what a trust costs to set up.

Probate side: Fla. Stat. 733.617 & 733.6171 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your Florida estate

Enter your estate value — we'll estimate Florida formal-administration cost and compare it to a typical trust setup cost.

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Estimated Florida probate cost vs trust setup
Probate (estimated)
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Living trust setup
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Is it worth it for me? →
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Florida probate cost vs living trust cost

The probate side of this comparison reuses the same approach as the Florida Probate Cost Calculator: the presumed-reasonable PR commission under Fla. Stat. § 733.617 and the attorney fee schedule under § 733.6171 — both roughly 3% on a mid-size estate. On a $500,000 estate that's about $15,000 each, $30,000 combined, though both are negotiable and many routine estates settle for a flat attorney fee of $3,000–$5,000 instead. The trust side is market data, not a statutory figure: Florida attorneys typically charge roughly $1,000–$5,000 for a revocable living trust. See the full breakdown in Florida Living Trust Setup Cost.

One honest caveat: a Florida revocable trust doesn't fully insulate assets from estate creditors. Under § 733.707 and § 736.05053, trust assets can still be reached for the decedent's expenses and valid claims if the probate estate itself falls short — a trust's main value here is avoiding the process and its fees, not eliminating creditor exposure entirely.

Florida probate vs living trust — frequently asked questions

Is a living trust worth it in Florida?

For estates above the summary administration threshold, often yes — the presumed-reasonable PR commission (Fla. Stat. § 733.617) and attorney fee (§ 733.6171) schedules can each reach about 3% of a $500,000 estate, roughly $30,000 combined, well above typical trust setup cost, even though both fees are technically negotiable.

How much does Florida probate cost compared to a living trust?

On a $500,000 formal-administration estate, the presumed-reasonable PR commission and attorney fee schedules run about $15,000 each — $30,000 combined — though both are negotiable and many routine estates settle for a flat attorney fee of $3,000–$5,000 instead. A Florida living trust typically costs roughly $1,000–$5,000 to set up with an attorney.

Does a Florida trust fully protect assets from estate creditors?

Not entirely. Under Fla. Stat. § 733.707 and § 736.05053, a revocable trust remains liable for the decedent's estate expenses and creditor claims if the probate estate itself is insufficient to cover them — a nuance worth understanding before assuming a trust removes creditor exposure entirely.

Florida living trust tools & guides

Florida Living Trust Setup CostThe market-rate breakdown Is a Living Trust Worth It in Florida?A decision framework Florida Living Trust Funding MistakesWhy trusts still fail to avoid probate Florida Probate Cost CalculatorThe full fee-schedule breakdown Florida Probate Timeline CalculatorHow long probate would take

This calculator provides an estimate for general guidance only and is not legal or financial advice. Probate-side figures are based on Florida statute (Fla. Stat. § 733.617, 733.6171). Trust-side figures are illustrative market rates, not a legal or statutory amount, and vary by attorney and estate complexity. Confirm current figures with a licensed Florida estate planning attorney before acting.