Florida Probate Attorney Fees: What Lawyers Actually Charge and How to Save

Attorney fees are typically the single largest expense in Florida probate. For a $500,000 estate, statutory attorney fees alone exceed $10,000. Add personal representative compensation, and professional fees can consume nearly 5% of the estate before beneficiaries see a dime.

Understanding how Florida probate attorney fees work gives you the power to budget accurately, evaluate whether quoted fees are fair, and take steps to reduce costs. This guide breaks down the statutory fee schedule, alternative billing arrangements, and practical strategies to manage legal expenses. For court costs and other expenses, see our Florida probate filing fees guide.

Florida's Statutory Attorney Fee Schedule

Florida Statutes Section 733.6171 establishes a fee schedule that courts consider "presumptively reasonable" for attorneys handling probate. This does not mean attorneys must charge these amounts - they can charge less (and sometimes more for extraordinary work) - but these percentages serve as the baseline for evaluating reasonableness.

The Statutory Percentages

The fees are calculated incrementally, not on the whole estate at a single rate.

How to Calculate Statutory Fees

The fee calculation works like tax brackets - each tier applies only to the portion of the estate within that range.

Example: $300,000 Estate

Example: $1,000,000 Estate

Example: $5,000,000 Estate

What Is "Compensable Estate Value"?

The compensable value used to calculate fees is the "inventory value" of the probate estate - the value of all probate assets as listed in the estate inventory filed with the court.

Included:

• Bank accounts
• Investment accounts
• Real estate (fair market value)
• Vehicles
• Personal property
• Business interests

Generally NOT included:

• Assets passing outside probate (joint property, beneficiary-designated accounts)
• Homestead property (for fee calculation purposes, though attorneys may argue otherwise)
• Assets in trust

The exact calculation can be subject to interpretation, and some attorneys include non-probate assets in their fee calculations. Get this clarified in writing before hiring.

What Statutory Fees Cover

The statutory fee is meant to compensate attorneys for "ordinary services" in estate administration. Florida law considers these services included:

Initial Phase

• Meeting with the personal representative to explain duties
• Reviewing the will and advising on the type of administration needed
• Determining who must receive notice
• Preparing and filing the petition for administration
• Preparing oaths, bonds, and other required documents
• Obtaining Letters of Administration

Administration Phase

• Preparing and publishing the Notice to Creditors
• Preparing and serving Notice of Administration on beneficiaries and heirs
• Advising on asset collection and management
• Preparing the estate inventory
• Reviewing creditor claims for validity
• Advising on payment of claims
• Preparing estate income tax returns (simple returns)
• Correspondence with the court, beneficiaries, and third parties

Closing Phase

• Preparing the final accounting
• Preparing petition for discharge
• Obtaining court approval of distribution
• Preparing receipts and releases
• Closing the estate file

These are routine tasks in most probate cases. An attorney charging statutory fees should handle all of these without additional charges.

Extraordinary Fees

When administration involves work beyond routine services, attorneys can petition the court for additional "extraordinary fees." These require court approval and are in addition to the statutory fees.

Services That May Justify Extraordinary Fees

Litigation:

• Will contests
• Contested creditor claims
• Disputes with beneficiaries
• Lawsuits involving estate assets

Complex Transactions:

• Sale of real estate (negotiating, reviewing contracts, closing)
• Sale or management of business interests
• Complex tax planning or IRS negotiations

Unusual Circumstances:

• Ancillary administration in other states
• Locating missing beneficiaries
• Dealing with unusual assets
• Mediating family disputes

How Extraordinary Fees Are Approved

The attorney must file a petition with the court explaining:

• What extraordinary services were provided
• Why they were necessary
• The time spent and hourly rate or other basis for the fee
• Why the fee is reasonable

Beneficiaries can object if they believe the fees are excessive. The court then decides whether to approve the requested amount.

Alternative Fee Arrangements

Statutory fees are not the only option. Many attorneys offer alternative billing structures.

Flat Fees

A flat fee means you pay a fixed amount regardless of how much time the attorney spends. This provides cost certainty.

Typical flat fee ranges:

What flat fees usually include:

• All routine services through closing
• Court filings (though filing fees themselves are usually separate)
• Standard correspondence and communication

What flat fees usually exclude:

• Court filing fees and costs
• Publication costs
• Extraordinary services (litigation, real estate sales)
• Complications that were not anticipated

Always get the flat fee arrangement in writing with clear descriptions of what is and is not included.

Hourly Billing

Some attorneys bill by the hour, especially for complex estates where the scope is unpredictable.

Typical hourly rates in Florida:

Rates vary significantly by location. Attorneys in Miami and other major metros typically charge more than those in rural areas.

Hourly billing pros:

• You pay only for actual work done
• May be cheaper for very simple estates
• Fair when scope is uncertain

Hourly billing cons:

• Unpredictable total cost
• Can become expensive if complications arise
• Incentivizes more work, not efficiency

Hybrid Arrangements

Some attorneys combine approaches:

• Flat fee for routine work plus hourly for complications
• Reduced percentage of statutory fees
• Capped hourly (hourly billing up to a maximum)

Personal Representative Fees

The personal representative (executor/administrator) is entitled to separate compensation using the same statutory schedule as attorneys. This is in addition to attorney fees.

Example: For a $500,000 estate, both the attorney and personal representative could each receive $10,625 under the statutory schedule - a combined $21,250 in professional fees.

When Personal Representatives Waive Fees

Many personal representatives waive their fee, especially when:

• They are family members who will inherit anyway
• The estate is small and fees would take too much
• They want to preserve estate assets for beneficiaries
• They performed minimal work

There is no requirement to waive fees. The personal representative performed real work and is entitled to compensation.

When Personal Representatives Should Take Fees

Consider claiming fees when:

• You are not a beneficiary (or receive a small share)
• The work required significant time and effort
• You have expertise that adds value
• The estate can afford it without hardship to beneficiaries

Tax note: Personal representative fees are income to the recipient (reported on their tax return) but are deductible by the estate. Inheritances are generally not taxable income. Depending on tax brackets, the optimal approach may vary.

Who Pays Attorney Fees?

Attorney fees are paid from estate assets as a cost of administration. They have high priority under Florida Statutes Section 733.707 - Class 1, paid before most other expenses and debts.

The Practical Sequence

1. The attorney may require an initial retainer before beginning work
2. Ongoing fees may be paid from estate funds as the case progresses
3. Final fees are approved by the court and paid before distribution to beneficiaries

When Estate Funds Are Not Immediately Available

If estate assets are not liquid (for example, real estate without cash), the personal representative may need to:

• Sell assets to generate cash
• Take a personal loan to pay fees (reimbursed from estate later)
• Negotiate with the attorney for deferred payment

How to Reduce Attorney Fees

You have more control over probate costs than you might think. Here are practical strategies.

Choose the Right Type of Probate

If your estate qualifies for summary administration, you can save thousands compared to formal administration. 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.

See our comparison of formal vs. summary administration.

Stay Organized

The more organized you are, the less time the attorney spends (and charges for) gathering information.

Before your first meeting, prepare:

• Complete list of assets with account numbers, institutions, and approximate values
• List of all debts and creditors
• Contact information for all beneficiaries and heirs
• Original will and death certificates
• Recent tax returns
• Property deeds and vehicle titles

Handle Administrative Tasks Yourself

Some tasks do not require attorney expertise:

• Gathering mail and documents
• Notifying known creditors
• Maintaining property (mowing lawn, paying utilities)
• Communicating updates to family members
• Organizing receipts and records

Discuss with your attorney which tasks you can handle to reduce billable time.

Shop Around and Negotiate

Get quotes from multiple attorneys before hiring. Ask specifically:

• What is your fee structure (statutory, flat, hourly)?
• What services are included?
• What would trigger additional charges?
• Can you provide a written fee agreement?

Some attorneys will negotiate, especially for straightforward estates or when competing for your business.

Consider Unbundled Services

"Unbundled" or "limited scope" representation means the attorney handles specific tasks while you do others. For example:

• Attorney prepares documents; you file them
• Attorney advises on legal issues; you handle administration
• Attorney appears at hearings; you handle day-to-day tasks

This can significantly reduce costs for capable personal representatives.

Avoid Complications

Many complications that increase fees are preventable:

• Communicate clearly with beneficiaries to prevent disputes
• Keep meticulous records to avoid accounting issues
• Meet critical deadlines to prevent sanctions or additional filings
• Address creditor claims promptly

Warning Signs of Excessive Fees

Watch for these red flags:

Before hiring:

• Refusing to provide a written fee estimate
• Vague descriptions of what is included
• Requiring unusually large retainers for simple estates
• Unable to explain fee structure clearly

During representation:

• Billing hourly for tasks covered by statutory fees
• Charging for excessive "research" on routine issues
• Multiple attorneys billing for the same meeting
• Failing to respond to billing questions

What to Do If You Think Fees Are Too High

If you believe attorney fees are unreasonable:

1. Discuss with the attorney first - There may be a misunderstanding or willingness to adjust
2. Request itemized billing - See exactly what you are being charged for
3. Object when fees are submitted to court - Beneficiaries can formally object to the fee petition
4. File a complaint with the Florida Bar - For serious ethical violations
5. Hire another attorney - You can change attorneys if the relationship is not working

Frequently Asked Questions

Are Florida probate attorney fees negotiable?

Yes. The statutory fees are "presumptively reasonable," but attorneys can charge less. Many offer flat fees or reduced rates for simple estates. Always discuss fees upfront and get agreements in writing.

Who pays the attorney fees in probate?

Attorney fees are paid from estate assets as an administration expense. They have priority over most other claims and are paid before beneficiaries receive their inheritance.

Can I do probate without an attorney in Florida?

For summary administration and disposition without administration, you can proceed without an attorney (pro se). However, formal administration requires attorney representation by law unless you are the sole beneficiary. See our guide on probate without a lawyer.

What if the estate cannot afford attorney fees?

If the estate lacks liquid assets, options include:

• Selling assets to generate cash
• Personal representative advancing funds (reimbursed later)
• Attorney accepting deferred payment
• Using summary administration (lower fees)

How do I object to attorney fees?

When the attorney files a petition for fees with the court, interested parties (beneficiaries, creditors) can file written objections. The court will hold a hearing and decide whether the fees are reasonable.

Are attorney fees tax deductible?

Attorney fees related to producing taxable income (like collecting taxable IRA distributions) may be deductible. Fees related to tax-exempt income or personal matters generally are not. Consult a tax professional for your specific situation.

To avoid these fees entirely, consider probate avoidance strategies like Lady Bird deeds, living trusts, and proper beneficiary designations.

Next Steps

Understanding attorney fees helps you budget for probate and avoid surprises. Here is what to do:

1. Estimate fees using the statutory schedule above
2. Get multiple quotes from probate attorneys
3. Ask specific questions about what is included
4. Get fee agreements in writing before work begins
5. Stay organized to minimize billable time

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

Find county-specific information and attorney referral resources in our Florida probate directory.

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Sources:

• Florida Statutes Section 733.6171 (Compensation of Attorney for the Personal Representative)
• Florida Statutes Section 733.617 (Compensation of Personal Representative)
• Florida Statutes Section 733.707 (Order of Payment of Expenses and Obligations)
• Florida Bar Guidelines on Attorney Fees

This guide provides general information about Florida probate attorney fees. Actual fees vary based on estate complexity, location, and attorney. Get written fee agreements before hiring any attorney.

Last updated: January 2026