Recovery Numbers

Florida Probate Fee Calculator

Estimate presumed-reasonable attorney and personal representative fees using Florida's statutory schedule (§733.617 / §733.6171). Enter the probate estate value. Free, instant, no data stored.

Use the inventory value of probate assets — real estate, bank accounts, investments, etc. Exclude joint-tenancy property, retirement accounts with named beneficiaries, and trust assets.

Estimated Probate Fees

Total Statutory Fees $30,000
Attorney Fee $15,000
Personal Representative Fee $15,000

Attorney and personal representative each receive the presumed-reasonable statutory fee. Extraordinary services (litigation, tax work) may add to attorney fees.

Source: Fla. Stat. §733.617, §733.6171 (Oct. 1, 1993 (current schedule)).

Advertisement

The Florida statutory fee schedule

Florida Statutes §733.617 (personal representative) and §733.6171 (attorney) provide identical "presumed reasonable" sliding-scale fee schedules:

Estate ValueRate on That Portion
First $1,000,0003%
Next $4,000,000 (to $5M)2.5%
Next $5,000,000 (to $10M)2%
Above $10,000,0001.5%

Both the attorney and the personal representative each receive the full schedule amount. For a $500,000 estate: 3% × $500k = $15,000 each, $30,000 total.

Extraordinary services

Florida's schedules cover "ordinary" probate administration. If the estate requires litigation, resolving contested claims, selling business interests, or other extraordinary services, the attorney may petition for additional compensation beyond the statutory schedule (§733.6171(4)).

Formal vs. summary administration

The statutory fee schedule applies to formal administration (for estates over $75,000, or when required regardless of size). Estates valued at $75,000 or less may qualify for summary administration — a simpler and cheaper process that does not follow the same fee structure.

Frequently asked questions

Can I use the same attorney as both estate attorney and personal representative? Florida law prohibits a person from serving as both personal representative and attorney for the estate simultaneously. Each role is separate and each fee is separate.

Is the personal representative required to take the fee? No. A family member acting as personal representative can waive the fee. The fee is taxable income if taken.

Advertisement