How Much Does Probate Cost in Florida?
Complete fee breakdown for all Florida probate types by county
Court filing fees, attorney costs, timelines, and additional expenses
Quick Summary: Florida Probate Costs
These are standard Florida court filing fees. Total costs include attorney fees, court costs, and other expenses which can add thousands to your total.
Florida Probate Fees by Type
| Probate Type | Estate Value | Court Filing Fee | Timeline | Attorney Required |
|---|---|---|---|---|
| Disposition Without Administration | Under $6,000 | $232 | 1-2 months | No |
| Summary Administration | Under $75,000 | $236 - $346 | 3-6 months | No (but recommended) |
| Formal Administration | Over $75,000 or complex | $401 | 6-12+ months | Yes |
Understanding Each Probate Type
Disposition Without Administration
For estates under $6,000 where the decedent did not own real property. This is the simplest and cheapest option, requiring only a basic petition and minimal court involvement.
Best for: Very small estates with no real estate, bank accounts, or valuable personal property.
Summary Administration
For estates under $75,000. Requires more documentation than disposition but is still streamlined. A personal representative is appointed and creditors are given notice. No formal court hearings are required.
Best for: Small to medium estates, families who want to avoid lengthy probate, cases with minimal disputes.
Formal Administration
For estates over $75,000 or complex situations. Full court supervision, formal hearings, creditor notice periods, and extensive documentation. An attorney is legally required in Florida.
Best for: Large estates, real estate ownership, business interests, multiple beneficiaries, or family disputes.
Additional Probate Costs Beyond Filing Fees
Attorney Fees
Florida attorney fees are typically based on estate value. Required for formal administration.
Court Costs
Publication fees (newspaper notices), certified copies, recording fees for real estate transfers.
Bond Premium
If the will requires bond or beneficiaries request it. Depends on estate value.
Appraisal Fees
Real estate, personal property, and business valuations required for larger estates.
Accountant/CPA
Final tax returns (federal and Florida has no estate tax), estate accounting.
Total Cost Estimate by Estate Size
*Estimates vary based on attorney rates, complexity, and specific county requirements.
Ways to Reduce Probate Costs in Florida
Use Summary Administration
If estate is under $75,000, summary administration saves thousands in attorney fees and court time. Compare formal vs summary in our detailed guide.
Compare Formal vs Summary →Consider a Living Trust
Trusts avoid probate entirely. While setup costs $1,500-$5,000, they can save $10,000+ in probate fees and protect privacy.
Probate vs Trust Comparison →Beneficiary Designations
Bank accounts, retirement accounts, and life insurance with named beneficiaries bypass probate entirely.
Joint Tenancy
Property held in joint tenancy with rights of survivorship automatically transfers to surviving owner without probate.
Request Fee Waiver
Florida courts offer indigent fee waivers for petitioners who cannot afford court fees. Contact your county clerk for an application.
Do It Yourself (When Possible)
Summary administration and disposition can be done without an attorney if you're comfortable with paperwork and legal procedures.
Get Accurate Fee Estimates for Your County
Court fees are standard across Florida, but local costs like publication and attorney rates vary. Find your county's specific fee schedule.
Browse Florida CountiesFrequently Asked Questions
What is the cheapest probate option in Florida?
Disposition Without Administration is the cheapest option at $232 court filing fee, available for estates under $6,000 in assets. Summary Administration is next at $236-$346 for estates under $75,000.
Do I need an attorney for probate in Florida?
Florida law requires an attorney for Formal Administration. Summary Administration and Disposition Without Administration can be done without an attorney, but many people choose to hire one for complex cases.
How much does a probate attorney cost in Florida?
Florida probate attorneys typically charge 3-5% of estate value, though some charge hourly rates ($200-$400/hour). For a $100,000 estate, expect $3,000-$5,000 in attorney fees.
Can I get a fee waiver for probate in Florida?
Yes, Florida courts offer indigent fee waivers for petitioners who cannot afford court fees. Contact your county clerk to request an Application for Civil Indigent Status and provide financial documentation.
Are probate fees the same across all Florida counties?
Court filing fees are standardized across Florida per state statutes. However, additional costs like publication fees, certified copy fees, and attorney rates may vary by county.
How long does probate take in Florida?
Summary Administration typically takes 3-6 months. Formal Administration takes 6-12+ months depending on estate complexity, creditor claims, and court backlog.
Need Help Determining Which Probate Type Applies?
Take our free assessment to understand whether you qualify for disposition, summary administration, or formal administration based on your specific situation.
Take Free AssessmentLast Updated: December 31, 2025 | Court filing fees are standardized across Florida per Florida Statutes. Additional costs may vary by county. This content is for informational purposes only and not legal advice.