Probate cost in Florida
Florida has no small estate affidavit, but summary administration is available for estates up to $150,000. For a $300,000 estate, the court fee is $399 and state law puts the attorney fee at $9,000.
- Court fee to open probate source$399
- Attorney fee sourceState law presumes this fee is reasonable$9,000
- Executor fee sourceState law presumes this fee is reasonable$9,000
Probate total$18,399
- Quicken WillMaker & Trust Plus sourceOne-time price for one person$149
- Yearly feeoptional yearly renewal$40
- Moving a home into the trustSet by your county recordercounty recording fee
Trust total$149+
Assets left outside the trust can still need probate.
Probate cost by estate size
| Estate value | Court fee | Attorney (law) | Executor (law) | Total |
|---|---|---|---|---|
| $100,000 | $399 | $3,000 | $3,000 | $6,399 |
| $250,000 | $399 | $7,500 | $7,500 | $15,399 |
| $500,000 | $399 | $15,000 | $15,000 | $30,399 |
| $1,000,000 | $399 | $30,000 | $30,000 | $60,399 |
"Not set by law" means the fee is agreed with the lawyer or set by the court, so it is not in the total. Use your own numbers.
The rules in Florida
- Small estate limit: none (Disposition of personal property without administration, Fla. Stat. 735.301). Does not cover real estate. No fixed dollar limit. Allowed only when the estate is exempt personal property plus non-exempt personal property worth no more than preferred funeral costs and last-60-day medical costs. Florida has no general small estate affidavit. Source
- Simplified probate: Summary administration, Fla. Stat. 735.201, up to $150,000. Source
- Court fee: $399 for a $300,000 estate. Formal administration: $395 maximum clerk fee under 28.2401(1)(g) plus $4 service charge under 28.2401(3). Same for any estate value. Statute says 'not to exceed', so a clerk may charge less. Source
- Attorney fee: State law presumes this fee is reasonable. Fla. Stat. 733.6171(3), presumed reasonable for ordinary services in formal administration. First three steps are flat amounts, not rates: $1,500 up to $40,000, plus $750 above $40,000, plus $750 above $70,000 (so $3,000 at $100,000). 'flat' is added once the estate exceeds the tier's lower bound. $300,000 estate: $3,000 + 3% x $200,000 = $9,000. Fee can be negotiated; attorney must give written disclosures (733.6171(2)). Source
- Executor fee: State law presumes this fee is reasonable. Fla. Stat. 733.617(2), presumed reasonable for formal administration, paid without court order. Extra pay for extraordinary services such as selling property or litigation. Source
General information from official state sources, not legal advice.