Florida Probate Filing Fees: What You Will Pay in 2025

Florida probate filing fees are set by state statute and remain relatively consistent across all 67 counties. The initial court filing runs between $235 and $401 depending on the type of probate. But filing fees are just one piece of the cost puzzle. When you add publication costs, certified copies, recording fees, appraisals, and professional fees, the total cost of probate becomes more substantial.

This guide breaks down every fee you can expect, from the initial filing through final distribution. Understanding these costs upfront helps you budget accurately and avoid surprises. For attorney compensation specifically, see our separate guide on probate attorney fees in Florida.

Court Filing Fees at a Glance

Florida Statutes Section 28.2401 establishes the fee schedule for probate filings. Here are the base fees for 2025:

These are the fees paid when you first file your petition with the court. They do not include subsequent filings, certified copies, or other expenses.

What Makes Up the Filing Fee

The probate filing fee is not a single charge. It combines multiple statutory assessments mandated by different Florida laws:

Clerk service charge: The base fee retained by the clerk's office for processing your case.

State court revenue trust fund: A portion goes to the state to fund court operations.

Teen court assessment: A small amount supports teen court programs.

Mediation and arbitration fee: Funds dispute resolution services.

Law library fee: Supports county law libraries.

State technology fee: Funds court technology improvements.

Legal aid fee: Supports civil legal aid programs.

Clerk technology fee: Funds clerk office technology.

These components are bundled into the single filing fee you pay. The exact breakdown appears on your receipt.

Fees by Type of Probate

Understanding which type of probate applies to your situation helps you anticipate costs.

Disposition Without Administration ($235)

Disposition without administration is the simplest and least expensive probate option. It applies to estates with no real property where the value (excluding exempt property) is less than the total of funeral expenses and two months of final medical expenses.

What the fee covers:

• Filing the petition
• Court review and order
• Authorization for direct payment to funeral home and medical providers

Additional costs typically involved:

• Certified death certificates ($5-$20 each)
• Certified copies of the court order ($2-$10 each)

Total estimated cost: $300 to $500 (not including any professional assistance)

Summary Administration ($345)

Summary administration is available for estates valued at $75,000 or less (excluding exempt property and homestead) or when the decedent died more than two years ago.

What the fee covers:

• Filing the petition
• Court review and entry of order
• Authorization for distribution to beneficiaries

Additional costs typically involved:

• Certified death certificates: $50 to $100 (multiple copies)
• Certified copies of court order: $20 to $50
• Recording fees (if real estate transfers): $10 to $35 per document
• Attorney fees (if using an attorney): $1,500 to $3,500

Total estimated cost: $2,000 to $4,000 for a simple summary administration with attorney representation

Formal Administration ($401)

Formal administration is required for larger estates or when a personal representative needs court authority to manage assets, pay creditors, or conduct litigation.

What the fee covers:

• Filing the petition for administration
• Appointment of personal representative
• Opening the probate case

This is just the beginning. Formal administration involves many subsequent filings and expenses over several months.

Additional court costs during administration:

Total court fees for formal administration: Typically $500 to $800 including all filings and copies throughout the case.

Ancillary Administration ($401)

Ancillary administration handles Florida property when the decedent lived in another state. The fee is the same as formal administration, but the process may be simpler if formal probate is already proceeding in the home state.

Non-Court Probate Expenses

Court fees are only part of the picture. Several other expenses are necessary to complete probate.

Notice to Creditors Publication

Formal administration requires publishing a Notice to Creditors in a local newspaper. This notifies potential creditors to file claims within three months.

Cost: $100 to $250

The exact price depends on the newspaper's rates and the length of your notice. Legal newspapers that specialize in these notices often charge less than general circulation newspapers.

How to find a newspaper: Ask the clerk's office which newspapers qualify in your county. You can also search for "[county name] legal newspaper" online.

Death Certificates

You will need multiple certified copies of the death certificate throughout probate and for other purposes (closing accounts, filing insurance claims, etc.).

Cost: $5 to $20 per copy depending on the source

How many to order: Get 10 to 15 certified copies. This sounds like a lot, but institutions often require original certified copies (not photocopies), and you will use them faster than expected.

Where to order:

• Florida Department of Health, Bureau of Vital Statistics (floridahealth.gov)
• Local county health department
• VitalChek (expedited service, higher fees)

Recording Fees

If the estate includes real estate, you will pay recording fees to transfer title or file documents with the county recorder.

Typical recording fees:

• First page: $10
• Each additional page: $8.50
• Documentary stamp tax: $0.70 per $100 of value (on deeds, not all documents)

Documents that may need recording:

• Death certificate (to update property records)
• Affidavit of survivorship
• Personal Representative's Deed
• Order determining homestead

Total recording costs: $30 to $100+ depending on documents and property value

Surety Bond (If Required)

The court may require the personal representative to obtain a surety bond to protect beneficiaries and creditors from mismanagement.

When bond is required:

• When the will does not waive bond
• When the personal representative is not a Florida resident
• When there is reason for concern about the personal representative

Cost: 0.5% to 1% of the estate value annually

Example: A $500,000 estate might require a $500,000 bond costing $2,500 to $5,000 per year.

Many wills include language waiving bond. If yours does, no bond is needed unless the court has specific concerns.

Real Estate Appraisals

If the estate includes real estate, you need fair market valuations for the inventory.

Options for valuation:

• Professional appraisal: $300 to $500+ per property
• Comparative Market Analysis (CMA): Free to $100 (from a real estate agent)
• Property appraiser records: Free (but may not reflect current market value)

For inventory purposes, a CMA or property appraiser records may suffice. For sales or disputes, a professional appraisal is advisable.

Personal Property Appraisals

Valuable personal property (jewelry, art, antiques, collectibles) may need professional appraisal.

Cost: $100 to $500+ depending on the items and appraiser

Many household items can be valued at reasonable estimates without formal appraisal. Reserve professional appraisals for genuinely valuable pieces.

Safe Deposit Box Access

If you need to access a safe deposit box to retrieve the will or inventory contents, there may be fees.

Bank fees: Vary by institution

Court order fee: May be required if opening before probate

Attorney and Personal Representative Fees

The largest probate expense is typically professional fees. Florida provides statutory guidelines for "reasonable" compensation.

Attorney Fees

Florida Statutes Section 733.6171 establishes presumptively reasonable attorney fees based on estate value:

Calculating statutory fees:

For a $300,000 estate:

• $40,000 × 3% = $1,200
• $30,000 × 2.5% = $750
• $30,000 × 2.25% = $675
• $200,000 × 2% = $4,000
• Total: $6,625

Many attorneys offer flat fees for straightforward cases that may be less than statutory percentages. Always discuss fee arrangements before hiring.

For more details, see our guide on probate attorney fees in Florida.

Personal Representative Fees

Personal representatives can claim the same statutory fee amounts. However, family members often waive compensation, especially when they are also beneficiaries.

When PR fees make sense:

• The personal representative is not a beneficiary
• Significant time and effort is required
• Professional management is needed

When PR fees are typically waived:

• The personal representative is the sole or primary beneficiary
• Family members want to preserve estate assets

Personal representative fees are income to the recipient and must be reported on their tax return.

Total Cost Examples

Here is what probate typically costs for different estate sizes.

Small Estate ($50,000) - Summary Administration

Medium Estate ($300,000) - Formal Administration

Large Estate ($1,000,000) - Formal Administration

These examples show why estate planning to avoid probate can be worthwhile for larger estates.

Fee Waivers for Those Who Cannot Afford Filing Fees

If you cannot afford to pay filing fees, Florida offers a process to apply for a fee waiver.

Eligibility

You may qualify for a fee waiver if you:

• Receive public assistance (TANF, SSI, Medicaid, food stamps)
• Have household income below 200% of federal poverty guidelines
• Cannot pay fees without causing undue hardship to yourself or your family

How to Apply

1. Obtain the "Application for Determination of Civil Indigent Status" from the clerk's office or court website
2. Complete the application with detailed financial information
3. File the application with the clerk at the same time as your petition
4. The clerk determines eligibility based on your financial information

What a Fee Waiver Covers

If approved, the waiver typically covers:

• Initial filing fees
• Service of process fees
• Fees for certified copies (limited number)
• Sheriff service fees

It does not cover:

• Attorney fees
• Publication costs
• Recording fees
• Appraisals

Partial Waivers

If you do not qualify for a full waiver, the clerk may offer a payment plan or partial waiver based on your ability to pay.

How to Pay Filing Fees

Florida clerks accept multiple payment methods:

In person:

• Cash
• Check or money order payable to "Clerk of Court"
• Credit or debit card (convenience fee of 3-4% typically applies)

E-filing:

• Credit or debit card
• ACH bank transfer (may have lower fees)
• Prepaid accounts with e-filing service providers

By mail:

• Check or money order only

Most probate filings in Florida are now done through the statewide e-filing portal (myflcourtaccess.com). The portal accepts electronic payment and adds the filing to the court record automatically.

Fees Vary Slightly by County

While base fees are set by state statute, some counties have additional local assessments. Differences are usually small ($10 to $50), but it is worth verifying with your local clerk.

To find your county's exact fees:

1. Visit your county clerk's website
2. Look for a "Fee Schedule" or "Filing Fees" page
3. Call the probate division directly

Find your county clerk's contact information in our Florida probate directory.

Can Filing Fees Be Paid from Estate Funds?

Here is how fee payment typically works:

At filing: Fees must be paid when you file. The court will not accept your petition without payment.

Who pays initially: The person filing (usually the proposed personal representative) pays upfront.

Reimbursement: After appointment, the personal representative reimburses themselves from estate funds. Filing fees and court costs are Class 1 administration expenses, meaning they get paid before almost anything else.

Documenting reimbursement: Keep receipts and records of all fees paid personally. Include these in the estate accounting when you seek reimbursement.

Tips to Minimize Probate Costs

Choose the Right Type of Probate

If your estate qualifies for summary administration, do not file formal administration. You will save on filing fees, time, and potentially attorney fees.

Shop for Attorney Fees

Statutory fees are presumptively reasonable, but attorneys can charge less. For straightforward estates, many attorneys offer flat fees below statutory amounts. Get quotes from several attorneys.

Waive Personal Representative Fees

If the personal representative is a family member who will inherit anyway, consider waiving the PR fee. The estate saves money, and the PR receives the same amount as an inheritance (which may have better tax treatment than income).

Handle Simple Tasks Yourself

Even with an attorney, you can reduce costs by handling administrative tasks:

• Gathering documents
• Ordering death certificates
• Notifying creditors directly
• Maintaining property
• Collecting mail and bills

Plan Ahead to Avoid Probate

The best way to minimize probate costs is to avoid probate entirely through proper estate planning:

• Beneficiary designations on accounts
• Joint ownership with right of survivorship
• Lady Bird deeds for real estate
• Revocable living trusts

See our guide on how to avoid probate in Florida.

Frequently Asked Questions

How much does it cost to file probate in Florida?

The initial court filing fee ranges from $235 for disposition without administration to $401 for formal administration. Total costs including all fees and attorney charges typically range from $1,500 to $3,000 for small summary administrations to $15,000 or more for larger formal administrations.

Are probate filing fees the same in every Florida county?

Base fees are set by state statute and are similar statewide. Some counties have additional local assessments that add $10 to $50 to the total.

Can I get a refund if I file the wrong type of probate?

Generally, no. Filing fees are not refundable. Make sure you understand which type of probate is appropriate before filing.

When do I have to pay filing fees?

Fees are due when you file. The clerk will not accept your petition without payment or an approved fee waiver application.

Can the estate reimburse me for filing fees I paid personally?

Yes. Filing fees and court costs are administration expenses that the estate pays. As personal representative, you can reimburse yourself from estate funds and document it in the accounting.

What is the cheapest way to do probate in Florida?

For small estates, disposition without administration ($235 filing fee) is cheapest. Summary administration ($345) costs less than formal administration ($401). Using an attorney who offers flat fees below statutory amounts also reduces costs.

Next Steps

Now that you understand Florida probate filing fees, here is what to do:

1. Determine which type of probate applies to your situation
2. Estimate total costs using the examples above
3. Verify current fees with your local clerk
4. Budget for professional fees if you will hire an attorney

Use our probate fee calculator to estimate total costs for your specific situation.

Find your county's clerk contact information and local fee schedules in our Florida probate directory.

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Sources:

• Florida Statutes Section 28.2401 (Service Charges by Clerks of Circuit Court)
• Florida Statutes Section 733.6171 (Compensation of Attorney for the Personal Representative)
• Florida Courts E-Filing Portal (myflcourtaccess.com)
• Florida Department of Health, Bureau of Vital Statistics

Filing fees are subject to change. Always verify current fees with your local clerk of court before filing.

Last updated: January 2026