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Katz & Associates / Florida probate
The estate usually pays the costs. That does not settle how much the work will cost, when cash is needed, or who signs the fee agreement.
A clearer starting point
Probate costs generally come from the estate, but there is no single Florida price that fits every family.
The procedure, the property involved, and the work needed all affect the bill. It helps to separate the estate’s total cost from the cash needed to start the case.
If you are handling a loved one’s affairs, our Florida probate services explain the firm’s role in estate administration. Here, the focus is what to include in a budget and what to ask before agreeing to fees.
Payment responsibility
Estate assets usually pay proper administration costs before beneficiaries receive what remains. Florida puts administration expenses, including the personal representative’s compensation and relevant attorney fees, in the first payment class. If funds are limited, statutory priorities matter. Section 733.707 sets that order.
But an estate can own valuable property without having cash ready to pay a filing charge or an initial legal bill. Someone may be asked to advance money. Do not assume every advance will be reimbursed in full.
Read the agreement before you sign. Ask who must pay if estate funds are unavailable. A personal representative is the person appointed to handle the estate. Florida law often shields that person from paying estate contracts out of pocket, but it excludes attorney-fee contracts from that protection. Section 733.619 makes this an important distinction.
Know what is in the estimate
| Cost | What to clarify |
|---|---|
| Attorney fees | What ordinary work is included? How will extra work be approved and billed? |
| Personal representative | The person appointed to handle the estate may receive a separate fee. Do not confuse it with the lawyer's fee. |
| Court and notices | Include filing charges and any required publication, service, or certified copies. |
| Property and records | Ask whether appraisals, accounting, tax work, insurance, or property expenses are needed. |
| Disputes or special work | A contested claim, will dispute, business issue, or property transaction may add work beyond the initial scope. |
For scale, the St. Lucie clerk lists a $400 formal-administration filing fee. Palm Beach lists $401. Those are court charges, not full probate prices. Summary filings in the $1,000-and-over tier are listed at $345 and $346, respectively. Check the St. Lucie or Palm Beach fee schedule when filing.
A practical way to budget
A percentage estimate answers only part of the question. Use these three checks to connect the property, the work, and the payment terms.
The property
Identify the assets that pass through probate. For the formal legal-fee schedule, the base includes probate asset inventory value and estate income during administration.
The work
Separate ordinary legal work from extra work, the representative’s fee, court charges, and other expenses. Ask what could change the estimate.
The cash
Record the upfront amount, due dates, and contractual payer. If someone advances funds, clarify how reimbursement will be handled rather than assuming it.
Planning framework based on Florida §§733.6171, 733.617, 733.619 and 733.707, linked in this article. This is a budgeting aid, not a fee quote or reimbursement promise.
Put the percentage in context
No. Florida law sets a fee schedule that is presumed reasonable for ordinary legal work in formal administration. It is not a required fee. Fees can be negotiated and need not be based on estate size.
The schedule reaches $3,000 when the assets and income counted for the fee total $100,000. It then adds 3% of the next $900,000. Lower percentage tiers apply above $1 million. The base is the listed value of probate assets plus income the estate earns while the case is open. It does not automatically include everything the person owned.
Illustration, not a quote: If the assets and income counted for the fee total $200,000, that schedule gives $6,000 for ordinary legal work. It does not include every probate expense, and a negotiated fee may differ.
See §733.6171(2)-(4) for the schedule, written disclosures, and extra services.
The representative’s own fee is separate. That person can give up all or part of the compensation under §733.617. Ask about both fees when comparing an estimate.
The procedure changes the work
It may reduce the steps involved, but eligibility does not guarantee a fixed price or an uncomplicated case.
Under current Florida law, this route may be available when the estate subject to administration in Florida, less creditor-exempt property, does not exceed $150,000, or the person has been dead for more than two years. A will must not direct Chapter 733 administration.
This route appoints a personal representative to administer the estate. The property, debts, disputes, and authority needed to handle the estate affect the work and cost.
Eligibility: §735.201. The threshold increased from $75,000 under Chapter 2026-57, effective July 1, 2026.
Summary administration still requires attention to creditors. The petitioners must make a diligent search and address payment as the law requires; recipients can face liability under §735.206. Have counsel check the property, will, and claims before choosing a route.
Make the estimate useful
Bring the will, deeds, account statements, beneficiary details, and known bills. Titles and beneficiary designations help show which assets need probate.
Ask why summary or formal administration fits. Identify any creditor, property, or family issue that could add work.
Request a written explanation of included work, separate expenses, extra-work approval, upfront payments, and who is responsible for the bill.
Save receipts and ask for updated estimates when the scope changes. Discuss the funds that should remain available before making distributions.
Planning before a death is a separate opportunity. Properly funded trusts and appropriate beneficiary designations may keep some assets out of probate. Our guide to ways to avoid probate explains that wider planning question.
A conversation with Katz
Tell us what property is involved, whether there is a will, and what needs attention. Ask about the likely procedure and the scope of legal work before making a fee decision.
Before you make a fee decision
No. A will directs how probate property should pass; it does not, by itself, transfer that property outside probate. Account ownership and beneficiary designations still matter. See the Florida Bar’s probate guide.
Do not treat the home’s value as available cash or automatically include it in every calculation. Ownership, homestead status, debts, and the planned transfer need review. Ask how expenses can be paid while those questions are resolved.
Yes. A beneficiary who hires separate counsel should clarify payment terms with that lawyer. Whether any fees can be paid from the estate depends on the work and applicable law, not simply on being a beneficiary. Section 733.106 addresses estate-benefit fees and court allocation.
No. A trust may keep properly transferred assets out of probate, but trust administration and legal or tax work can still carry costs. Compare the full plan rather than treating probate avoidance as cost-free. The Florida Bar’s revocable-trust guide explains the distinction.
About the author
By Katz & Associates. Published by Katz & Associates Law Firm. Learn about probate representation in Florida.
This article provides general information, not legal advice about a particular estate.
Sources checked October 26, 2026. Fees and rules can change.
