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What is the cost of probate in Florida?

On Behalf of Erin Kirkwood Law, PLLC | Jun 29, 2026 | Probate |

When a loved one passes away, managing their estate can feel overwhelming. If you are facing this process, understanding the financial obligations early can help you prepare. Probate in Florida can cost anywhere from a few hundred dollars for a summary administration to several thousand dollars or more for a formal administration. The final amount depends on the overall estate size, attorney fees, mandatory court costs, and the complexity of the assets involved across Florida estates.

Florida probate court costs and filing fees

Every estate going through the Florida probate courts must pay mandatory filing fees. These fees cover the administrative cost of processing petitions, issuing letters of administration, and managing the court docket. Probate court costs in Florida vary by county (Miami-Dade and other larger counties may differ slightly from smaller rural counties) and by the type of administration required:

  • Summary administration (approximately $345–$400): This expedited process carries lower Florida probate filing fees. It is available for small Florida estates valued under $75,000 or cases where the decedent has been deceased for more than two years.
  • Formal administration (approximately $400–$500 or more): This full probate process carries a higher baseline filing fee and is legally required for most substantial Florida estates, particularly those involving real property, multiple beneficiaries, or unresolved creditor claims.

Filing fees are just the starting point. Attorney fees and administrative costs typically represent the larger portion of total probate expenses.

Additional probate costs in Florida

Beyond court filing fees and attorney fees, Florida estates routinely encounter secondary administrative costs that must be settled before assets can be distributed to beneficiaries:

  • Personal representative fees: personal representatives are entitled to statutory compensation calculated as a percentage of the estate’s gross value, often starting at 3% for the first $1 million. Family members frequently choose to waive this fee.
  • Accounting fees ($1,000–$5,000 or more): Complex estates involving dense financial portfolios, final tax returns, or estate tax obligations often require professional accounting services.
  • Appraisal fees ($300–$1,000 or more per asset): Real estate, business interests, and valuable collectibles typically require certified appraisals to establish fair market value for distribution purposes.
  • Publication notice ($100–$500): Florida law requires a formal Notice to Creditors to be published in a local county newspaper once a week for two consecutive weeks. Costs vary depending on the publication.

Many of these costs can be reduced or avoided entirely through proactive estate planning, including revocable living trusts and strategic beneficiary designations that allow assets to transfer outside of probate altogether.

Summary vs. formal administration: a cost comparison

The choice between summary and formal administration affects both the total cost and the timeline for settling the estate:

  • Summary administration is significantly faster and less expensive, often concluding within a matter of weeks. For eligible estates, total administrative and legal costs may remain under $1,500. However, this track is not available for estates with complex debts, high-value unresolved assets, or beneficiaries who require extended court oversight.
  • Formal administration requires the appointment of a personal representative and ongoing judicial supervision throughout the process. Depending on whether attorneys bill at an hourly rate or use the statutory percentage-based fee structure under Florida law, total costs for a formal administration can range from approximately $3,000 to well over $10,000. Timelines regularly extend from six months to a year or longer.

Understanding which process applies to a specific estate is one of the first and most consequential decisions in the probate process.

When should you speak to a Florida estate planning attorney?

Whether you are currently managing a loved one’s estate or planning ahead for your own, understanding these costs is the first step toward protecting your family’s financial security. Contact Erin Kirkwood Law, PLLC today to schedule a consultation and explore the estate planning options that best fit your situation.

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