US Probate Calculator
Florida Statutory Schedule (2026)

Florida Probate Fee & Executor Commission Calculator

Estimate attorney statutory fees, personal representative commissions, and court filing costs under Florida Statutes § 733.617 & § 733.6171.

2026 Statutory Probate Costs Updated

Calculate Florida Probate Costs

Choose your state, enter your gross estate value, and optional asset details below to view instant cost breakdowns and statutory limits.

Total assets in probate
$
$10k $1M $2.5M $5M+
$

Included inside Gross Probate value above.

$

401ks, joint accounts & trusts bypass probate.

California Probate Code § 10800 & § 10810

California enforces strict statutory fees for both attorneys and executors. Fees are calculated on gross estate value without deducting mortgages.

Small Estate Eligible

Estate is below the $184,500 threshold for simplified procedure.

Estimated Total Probate Fees
$26,435 5.29%

Combined statutory attorney, executor & court costs

Attorney Statutory Fee: $13,000
Executor Commission: $13,000
Court Filing Fee: $435
Total Estate Value (Inc. Non-Probate): $500,000
Gross probate ($500,000) + Non-probate ($0)
Estimated Net to Beneficiaries
$473,565
Includes net probate assets plus non-probate transfers

Calculated under California Probate Code § 10800.

Overview of Florida Probate Laws & Fee Guidelines

Probate is the formal court proceeding required to settle an estate, resolve liabilities, and transfer assets in Florida. Estate administration is strictly regulated under Florida Statutes § 733.617 & § 733.6171, which establishes mandatory statutory percentage schedules for legal counsel and personal representatives.

In Florida, probate administration costs consist of three core components: attorney fees, executor commissions, and court filing costs. Total probate costs are calculated based on the gross value of all probate assets (including real estate) without deducting existing mortgages or liabilities.

Florida Legal Nuance & Key State Quirk

Florida requires formal court representation by a licensed Florida attorney for all Formal Probate Administrations, and offers Summary Administration for estates under $75,000 or decedents deceased over 2 years.

Florida Probate Process & Fee Schedule Overview

Florida probate administration is governed under Florida Statutes § 733.617 (Personal Representative commissions) and § 733.6171 (Attorney statutory compensation). Florida law establishes a statutory fee framework for full Formal Administration: 3% on the first $1,000,000 of inventory value and income, 2.5% on the next $4,000,000 ($1M to $5M), 2% on the next $5,000,000 ($5M to $10M), and 1.5% for estates exceeding $10,000,000. Additionally, Florida attorneys may charge separate statutory fees for extraordinary services or real estate transactions. Florida provides two primary probate tracks: Summary Administration, a streamlined process available if the gross probate estate is $75,000 or less (or if the decedent has been deceased for more than 2 years), and formal probate for estates exceeding $75,000. Court filing fees range from $345 for Summary Administration up to $400 for Formal Administration petitions.

Fee Calculation Type
statutory
Small Estate Limit
$75,000
Base Court Petition Fee
$400

Executor & Personal Representative Commission Rules in Florida

The executor or administrator of an estate in Florida assumes significant fiduciary responsibilities, including inventorying property, paying creditors, filing tax returns, and distributing assets. Under Florida Statutes § 733.617 & § 733.6171, executors are legally entitled to reasonable compensation or statutory commissions for their time and effort.

Key rules governing executor commissions in Florida:

  • Statutory Rates & Sliding Scales: Commissions are evaluated on a structured tiered scale or reasonable percentage curve based on gross probate property value.
  • Tax Implications: Executor fees are treated as taxable ordinary income. Family member executors often choose to waive fees to receive a tax-free inheritance instead.
  • Extraordinary Services: If the executor performs exceptional duties (such as conducting ongoing business operations or litigating tax disputes), the court may grant additional extraordinary fees.

Attorney Statutory Fees & Court Costs in Florida

Retaining experienced legal counsel is customary for formal probate in Florida. Attorney fees are either mandated by state statutory fee schedules (such as California and Florida) or determined by court-approved reasonable rates.

In addition to legal fees, estate administration incurs unavoidable court fees:

1
Initial Petition Filing Fee
Baseline court filing fee of approximately $400 required upon filing probate petition.
2
Publication & Notice Fees
Mandatory legal notices published in local newspapers to notify potential creditors.
3
Probate Referee / Appraisal Fees
Official court-appointed appraisals required for valuing real estate and physical property.

Small Estate Affidavit & Non-Probate Asset Exemption

Not all estates in Florida require full court probate. If the total gross probate value is equal to or less than $75,000, beneficiaries may utilize Summary Administration (§ 735.201) to transfer property rapidly without formal court intervention.

Furthermore, assets that bypass probate entirely in Florida include:

Revocable Living Trusts
Joint Tenancy with Right of Survivorship
Payable-on-Death (POD) Accounts
401(k)s & IRAs with Named Beneficiaries

Frequently Asked Questions (Florida Probate)

How are probate fees calculated in Florida?
In Florida, probate fees are determined under Florida Statutes § 733.617 & § 733.6171. Compensation for personal representatives and attorneys is evaluated based on estate complexity, gross asset valuation ($500,000 baseline estimate: $30,400), and court filing guidelines.
What is the small estate limit in Florida?
The small estate affidavit threshold in Florida is $75,000. Estates valued under this cap may bypass formal court administration using Summary Administration (§ 735.201).
Are executor commissions mandatory in Florida?
Executors and personal representatives in Florida are legally entitled to statutory compensation or reasonable fees for their fiduciary duties. However, family members acting as executors frequently waive these commissions to avoid personal income taxation.
Which assets bypass probate in Florida?
Non-probate assets in Florida include living revocable trusts, real estate held in joint tenancy with rights of survivorship, bank accounts with Payable-on-Death (POD) designations, and retirement accounts (401k/IRA) with named beneficiaries.
Is hiring a probate attorney mandatory in Florida?
Yes, Florida Probate Rules require a licensed attorney to represent the personal representative in almost all Formal Probate Administrations, except when the executor is the sole interested beneficiary.
What is the difference between Summary and Formal Administration in Florida?
Summary Administration is a faster, cheaper proceeding for estates under $75,000 (or decedents dead over 2 years), whereas Formal Administration is full court-supervised probate required for larger estates.