Probate · FL
Florida probate: fees and how long it takes
Florida presumes a commission for the personal representative and a fee for the lawyer, and on July 1, 2026 it doubled the ceiling for its short court procedure.
Rules read on official Florida pages on · Checked by Radif Partners · How we calculate
- Creditor claim period
- 3 months
- Small-estate limit
- $150,000
- Executor and attorney fees
- Set by statute
- Statutory fees, $500,000 estate
- $30,395
Florida probate fees follow two presumptions in the statutes: the personal representative's commission of 3% on the first $1,000,000, and an attorney fee that starts at $1,500 for the smallest estates and reaches the same 3% between $100,000 and $1,000,000. On a $429,000 estate that is $12,870 for each, plus a clerk fee of up to $395 for formal administration. The base is the inventory value of probate assets plus the income they earn while the case is open. As for time, Florida has one of the shortest creditor windows in the country, 3 months from the first publication of the notice to creditors, so an orderly formal administration can close within months of that deadline once the court has issued letters. Since July 1, 2026, estates of up to $150,000 net of exempt property qualify for summary administration, double the earlier $75,000 ceiling, which removes the personal representative and most of the waiting.
Statutory fees and court fee in Florida
$30,395
6.1% of the estate · at least 9 months before final distribution
| Personal representative commission (§ 733.617) | $15,000 |
| Attorney fee presumed reasonable (§ 733.6171) | $15,000 |
| Court filing fee | $395 |
| Creditor claim period | 3 months |
| Small-estate limit | $150,000 |
Estimate under the Florida probate statutes. Publication, bond, appraisal, extraordinary services and the estate's own taxes are extra. How this is calculated.
The July 2026 change: $75,000 becomes $150,000
Chapter 2026-57 of the Laws of Florida rewrote section 735.201, and from July 1, 2026 summary administration covers an estate whose Florida assets subject to administration, minus exempt property such as household furniture and cars, total $150,000 or less. Protected homestead is not part of the estate subject to administration at all. Florida has no affidavit procedure for bank accounts, so this court order is the main shortcut, and doubling it pulls a large share of modest estates out of formal administration. No personal representative is appointed: the court signs an order distributing the property, and the clerk charges $340 instead of up to $395. Creditors are not forgotten, since the petition must show that debts are paid or provided for, and beneficiaries remain liable for valid claims up to the value they receive. The limit is not indexed, so it will stay at $150,000 until the Legislature changes it again.
Two presumptions, one in disguise
The fee schedules in sections 733.617 and 733.6171 are presumed reasonable, not mandatory. The lawyer may use the attorney table only after giving the personal representative written disclosures, and the parties can agree on hourly billing instead. A curious feature: from $100,000 up to $1,000,000, the attorney's $3,000 plus 3% of the excess equals exactly 3% of the whole estate, the same rate as the personal representative's commission. Take a Sarasota condo and accounts worth $420,000 that earn $9,000 during administration: the compensable value is $429,000, and both presumptions give $12,870 and $12,870. At the low end the attorney table is flat, so a $60,000 estate presumes $2,250 for counsel, and a $120,000 one presumes $3,600. Two personal representatives on an estate of $100,000 or more may each claim a full commission.
Why a 3-month window does not mean a 3-month probate
The clock starts at first publication of the notice to creditors, not at death, and known creditors served with the notice get 30 days from service if that runs later. Objections to claims then have their own deadlines, and a disputed claim must be resolved or sued on before distribution. Homestead property is the usual delay: a petition to determine homestead status is common and must be decided before a house can pass outside the creditors' reach. The deadline for the final accounting and discharge is set by the Florida Probate Rules, which we did not read, so this page gives no figure for it. North of the line, North Carolina caps the commission at a flat percentage instead.
The Florida probate rules this calculator applies
| Estate value | Personal representative commission (§ 733.617) | Attorney fee presumed reasonable (§ 733.6171) |
|---|---|---|
| $100,000 | $3,000 | $3,000 |
| $250,000 | $7,500 | $7,500 |
| $500,000 | $15,000 | $15,000 |
| $1,000,000 | $30,000 | $30,000 |
| $2,000,000 | $55,000 | $55,000 |
Creditor claims. Claims are barred unless filed by the later of 3 months after the first publication of the notice to creditors or, for creditors who must be served, 30 days after service (Fla. Stat. § 733.702); all claims are barred 2 years after death whether or not letters issued (Fla. Stat. § 733.710). source
Closing the estate. The estate cannot be closed before the 3-month creditor period after first publication of the notice to creditors has run and timely claims are resolved (Fla. Stat. § 733.702); after administration is completed the personal representative is discharged (Fla. Stat. § 733.901). source
Small estates. Florida has no small-estate affidavit; the simplified route is summary administration, available if the estate subject to administration in Florida, less exempt property, does not exceed $150,000 (raised from $75,000 by ch. 2026-57, effective July 1, 2026) or the decedent has been dead more than 2 years, and the will does not direct formal administration (Fla. Stat. § 735.201). The amount is not indexed. source
Simplified procedure. Summary administration for estates up to $150,000 net of exempt property or deaths more than 2 years ago (Fla. Stat. § 735.201); disposition without administration by court letter when the estate is only exempt property plus non-exempt personal property not exceeding preferred funeral expenses and last-60-days medical expenses (Fla. Stat. § 735.301). source
Filing fee. Clerk fee for formal administration: up to $395; summary administration $340 (estates of $1,000 or more) or $230 (under $1,000); disposition of personal property without administration $230; plus a $4 service charge on petitions for summary or formal administration (Fla. Stat. § 28.2401(1),(3)). source
Personal representative. Commission presumed reasonable in formal administration, on the inventory value of probate assets plus income earned during administration: 3% of the first $1 million, 2.5% from $1 million to $5 million, 2% from $5 million to $10 million, 1.5% above $10 million, plus reasonable compensation for extraordinary services (Fla. Stat. § 733.617). source
Attorney. Attorneys receive reasonable compensation; a fee is presumed reasonable in formal administration if based on the compensable value: $1,500 up to $40,000, $2,250 up to $70,000, $3,000 up to $100,000, then 3% on the next $900,000, 2.5% from $1 million to $3 million, 2% from $3 million to $5 million, 1.5% from $5 million to $10 million, 1% above $10 million, plus extraordinary services; written disclosures are required to use the schedule (Fla. Stat. § 733.6171). source
Personal representative commission (§ 733.617). Presumed reasonable in formal administration: 3% of the first $1 million, 2.5% above $1 million up to $5 million, 2% above $5 million up to $10 million, 1.5% above $10 million; extraordinary services extra (Fla. Stat. § 733.617(2),(3)). source
Attorney fee presumed reasonable (§ 733.6171). $1,500 for estates of $40,000 or less; an additional $750 above $40,000 to $70,000; an additional $750 above $70,000 to $100,000; above $100,000, 3% on the next $900,000; 2.5% above $1 million to $3 million; 2% above $3 million to $5 million; 1.5% above $5 million to $10 million; 1% above $10 million (Fla. Stat. § 733.6171(3)). Not mandatory: the fee is negotiable and requires written disclosures (§ 733.6171(2)). source