- 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 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 Tier | Statutory Rate / Base | Example 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.
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.
- § 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)
Related State Calculators:
Recommended Legal Guides & Research:
What is Probate Court? The 2026 Step-by-Step Estate Administration Guide
Probate vs. Non-Probate Assets: Complete Asset Classification Guide (2026)
Executor vs. Administrator: Fiduciary Duties & Legal Differences (2026)
Calculate Your Exact Estate Fees
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