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 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.
Sample Florida Probate Fee Breakdown Table
Estimated statutory legal counsel rates, executor fees, and county filing costs across sample estate valuations under Florida Statutes § 733.617 & § 733.6171.
| Gross Estate | Attorney Fee | Executor Fee | Court Cost | Est. Total Cost | Effective % |
|---|---|---|---|---|---|
| $100,000 | $6,400 | 6.40% | |||
| $250,000 | $15,400 | 6.16% | |||
| $500,000 | $30,400 | 6.08% | |||
| $1,000,000 | $60,400 | 6.04% | |||
| $2,000,000 | $110,400 | 5.52% | |||
| $5,000,000 | $260,400 | 5.21% |
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:
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:
- • Real estate titled solely in decedent's name
- • Bank accounts with no named POD beneficiary
- • Vehicles, personal property, and collections
- • Sole proprietorships & unincorporated businesses
- • Assets transferred into a Revocable Living Trust
- • Real property in Joint Tenancy with Survivorship
- • 401(k), IRA & Life Insurance with beneficiaries
- • Bank/Brokerage accounts with TOD/POD registrations
Florida Estate Probate Timeline & Procedure
Estate administration in Florida follows four primary procedural stages under Florida Statutes § 733.617 & § 733.6171:
Filing initial petition with county probate court and obtaining formal Letters of Administration.
Cataloging estate assets and calculating gross fair market valuation for statutory rate assessment.
Publishing mandatory legal notice and waiting for state statutory creditor claim windows to expire.
Paying statutory commissions, filing court final accounts, and transferring net remainders to heirs.
Florida Estate & Inheritance Tax Rules
No Separate State Estate/Inheritance TaxFlorida does not levy an independent state estate tax or inheritance tax. Only the federal estate tax exemption ($13.61M+) applies to large estates.
Florida Executor 30-Day Action Checklist
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Frequently Asked Questions (Florida Probate)
Is hiring a probate attorney mandatory in Florida?
What is the difference between Summary and Formal Administration in Florida?
How are probate fees calculated in Florida?
What is the small estate limit in Florida?
Are executor commissions mandatory in Florida?
Which assets bypass probate in Florida?
Essential Guides & Fiduciary Tools
Compare Other State Probate Fee Calculators
Statutory probate percentages, executor compensation caps, and small estate affidavit limits vary across US states:
Statutory fee calculations for Florida are based on Florida Statutes § 733.617 & § 733.6171 and local county probate court guidelines. Calculations assume an ordinary, uncontested estate administration. Contested probate litigation or extraordinary estate services may result in additional court-approved fees.