Florida probate fees are largely governed by two key statutes: Section 733.6171 (for attorneys) and Section 733.617 (for personal representatives). These laws provide a roadmap for what constitutes a "reasonable" fee.
Attorney Fee Schedule (F.S. 733.6171)
For estates requiring formal administration, Florida law suggests the following compensation model for "ordinary" services:
| Inventory Value | Base Fee + % |
|---|---|
| $40,000 or less | $1,500 flat |
| $40,000 - $70,000 | $2,250 flat |
| $70,000 - $100,000 | $3,000 flat |
| $100,000 - $1,000,000 | 3% of value |
| $1,000,000 - $3,000,000 | 2.5% of value |
| Above $3,000,000 | 2% descending scale |
Homestead Property Note: In Florida, the primary residence (Homestead) is often excluded from the fee calculation, which can significantly lower the bill compared to states like California.
Personal Representative Fees (F.S. 733.617)
The executor (personal representative) is also entitled to a commission. If the will is silent, the statute suggests 3% on the first $1 million of the estate.
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Florida Fee CalculatorFrequently Asked Questions
What is the "presumed reasonable" fee in Florida?
Under F.S. 733.6171, a fee of 3% for estates between $100,000 and $1 million is presumed to be reasonable for the attorney.
Can I negotiate Florida probate fees?
Yes. While the statute sets a "presumed reasonable" amount, you are free to negotiate a flat fee or hourly rate with your attorney before they begin work.
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