Probate in Florida costs more than most families expect — but knowing what to anticipate can help you plan ahead and, in many cases, avoid the process altogether. Here is a plain-language breakdown of every major cost category you are likely to encounter.
What is the filing fee for probate in Florida?
Every Florida probate case begins with a petition filed at the county courthouse. The filing fee typically runs between $400 and $450, depending on the county. This covers the court's administrative costs to open and docket the estate. It sounds modest, but it is just the first line on what can become a lengthy invoice.
In Alachua County — where Lauren Richardson Law is based — the clerk's office processes these filings regularly. Having an attorney who knows local procedures means your petition goes in correctly the first time, without costly refiling delays.
What percentage does a personal representative earn in Florida?
Florida Statutes set a statutory fee schedule for the personal representative (sometimes called the executor). The fee is calculated as a percentage of the gross value of probate assets:
- 3% of the first $1 million
- 2.5% on the next $4 million (estates between $1M and $5M)
- 2% on the next $5 million (estates between $5M and $10M)
- 1.5% on amounts above $10 million
To put that in concrete terms: on a $500,000 estate, the personal representative is entitled to a $15,000 fee. On a $1 million estate, that grows to $30,000. The personal representative can waive this fee — a common choice when the representative is also the primary beneficiary — but it is important to understand what the law allows.
How do Florida probate attorneys charge their fees?
Attorney fees follow the same statutory percentage scale as the personal representative's fee, or the parties can agree to hourly or flat-rate billing. For straightforward estates, many attorneys use the statutory scale as a starting benchmark. For complex estates with business interests, disputed assets, or out-of-state property, an hourly arrangement may make more sense.
Always ask about fee structure during your initial consultation. A good probate attorney will give you a clear, written fee agreement before any work begins.
What other costs come up during probate?
Beyond the filing fee and professional fees, expect these additional line items:
- Appraisal fees — Real estate and certain personal property must be professionally appraised to establish fair market value.
- Bond premiums — Courts sometimes require a surety bond to protect beneficiaries. The cost depends on estate size and the personal representative's financial profile.
- Publication fees — Florida law requires notice to creditors published in a local newspaper, typically $150–$300.
- Accounting and tax preparation — Final income tax returns and, for larger estates, estate tax returns add professional fees.
- Miscellaneous court costs — Certified copies, certified mail, and other small administrative charges accumulate through a case that can last 6–12 months.
Do small estates have a cheaper option in Florida?
Yes. Florida offers Summary Administration for estates where the total probate assets are worth $75,000 or less (or where the decedent has been dead for more than two years regardless of estate size). Summary Administration is a streamlined process — significantly faster and less expensive than formal administration. It does not require appointing a personal representative, which alone eliminates a major fee category.
Can I avoid probate costs entirely in Florida?
Many people can — with the right planning. Assets that pass outside the probate estate never trigger these fees. Common strategies include:
- Revocable living trusts — Assets held in trust at death are distributed by the trustee, not the probate court.
- Joint ownership with right of survivorship — Property passes automatically to the surviving co-owner.
- Beneficiary designations — Retirement accounts, life insurance, and POD/TOD bank accounts pass directly to named beneficiaries.
- Florida Lady Bird deeds — A specialized deed that allows real property to transfer at death without probate while preserving Medicaid eligibility.
At Lauren Richardson Law in Gainesville, we help Florida families understand exactly what probate will cost in their situation — and whether a smarter planning strategy can help them avoid it altogether.