Florida Probate Attorney Fee Calculator
Florida sets a presumed reasonable attorney fee by statute. F.S. 733.6171 applies a schedule to the compensable value of the estate, which subsection (3) defines as the inventory value of the probate assets plus the income the estate earns during administration. Enter an estate value to see the figure and the band it comes from.
Florida attorney fee calculator
The Florida attorney compensation schedule
| Estate value band | Statutory schedule |
|---|---|
| First $40,000 | +$1,500 flat |
| $40,000 to $70,000 | +$750 flat |
| $70,000 to $100,000 | +$750 flat |
| $100,000 to $1,000,000 | 3.0% |
| $1,000,000 to $3,000,000 | 2.5% |
| $3,000,000 to $5,000,000 | 2.0% |
| $5,000,000 to $10,000,000 | 1.5% |
| Above $10,000,000 | 1.0% |
Source: Florida Statutes § 733.6171. The schedule applies to the compensable value of the estate, which subsection (3) defines as the inventory value of the probate assets plus the income the estate earns during administration.
What the schedule does not cover
- F.S. 733.6171 calls this schedule a presumed reasonable fee, not a mandatory one. Subsection (2) requires the attorney to disclose in writing that the fee is negotiable before charging by the schedule, and the personal representative can agree to a different fee entirely.
- The first three bands are flat additions, not a percentage of where the estate falls inside them: $1,500 up to $40,000, then $750 more up to $70,000, then $750 more up to $100,000. From $100,000 the schedule switches to a percentage of the value inside each band.
- Subsection (4) allows further reasonable compensation on top of this schedule for extraordinary services, such as a will contest, a tax audit, or selling estate real property.
- This is the attorney schedule. The personal representative has a separate schedule under F.S. 733.617, on the executor fee calculator.
This schedule is a presumed reasonable fee, not a mandatory one. The attorney and the personal representative can agree to a different fee, and any interested person can object to it. ProbateCalculator.org is not a law firm and this page is general information, not legal advice.