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Statutory Code 11 min read • Updated 2026-08-24

Florida Probate Statute § 733.6171 & § 733.617: 2026 Fee Guidelines

How Florida statutory fee presumptions work for attorneys and personal representatives, formal vs summary administration, and homestead protections.

LEB
US Probate Legal Editorial Board
Fiduciary Administration & Statutory Research Group
Attorney-Verified Research
Key Legal Takeaways for 2026
  • Florida Statute § 733.6171 establishes a statutory presumption of reasonable attorney compensation based on estate value tiers.
  • Florida Personal Representatives are compensated under Florida Statute § 733.617 on a matching graduated schedule.
  • Protected Florida Homestead real property is constitutional non-probate property for fee calculation purposes (unless formally directed to be sold).
  • Estates under $75,000 (excluding exempt homestead) qualify for Summary Administration, substantially reducing legal costs.
Florida probate law establishes statutory guidelines under Florida Statutes (F.S.) § 733.6171 for attorney fees and § 733.617 for personal representative commissions. These percentages are deemed by statute to be prima facie reasonable compensation for ordinary probate administration services. Check your numbers on our Florida Probate Fee Calculator.

Florida Statutory Attorney Fee Tier Schedule (§ 733.6171)

Under F.S. § 733.6171(3), ordinary attorney compensation is calculated based on inventory value plus income earned during administration:

Estate Value TierStatutory Rate / BaseExample Fee Calculation
$40,000 or Less $1,500 Base Flat minimum statutory fee of $1,500
$40,000 to $70,000 $2,250 Base Flat fee of $2,250 on estates up to $70,000
$70,000 to $100,000 $3,000 Base Flat fee of $3,000 on estates up to $100,000
$100,000 to $1,000,000 3.0% $3,000 base + 3% of value over $100,000
$1,000,000 to $3,000,000 2.5% Fee on $1M + 2.5% of value between $1M and $3M
$3,000,000 to $5,000,000 2.0% Fee on $3M + 2.0% of value between $3M and $5M
$5,000,000 to $10,000,000 1.5% Fee on $5M + 1.5% of value between $5M and $10M
Above $10,000,000 1.0% Fee on $10M + 1.0% of value above $10M

The Florida Protected Homestead Exception

Florida offers the most protective constitutional homestead protections in the country (Art. X, § 4, Fla. Const.).

When a decedent's primary residence qualifies as protected homestead and passes to surviving heirs, title descends outside of the ordinary probate inventory. Consequently, homestead real estate is generally excluded from the 3% statutory fee calculation base, saving Florida families thousands in attorney fees compared to California Probate Fees.

Summary vs Formal Administration

If non-exempt estate assets are under $75,000 or the decedent has been deceased for more than 2 years, Florida allows "Summary Administration", which bypasses full personal representative appointment and costs a fraction of standard probate. See Small Estate Limits by State.

Statutory Authority & Legal References
  • § Florida Statutes § 733.6171 (Compensation of Attorney for the Personal Representative)
  • § Florida Statutes § 733.617 (Compensation of Personal Representative)
  • § Florida Constitution Article X, Section 4 (Homestead Protection)

Calculate Your Exact Estate Fees

Calculate your exact Florida statutory attorney and executor compensation with our Florida Probate Fee Calculator.