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Home→Tools→Probate Calculator→Florida

How Much Does Probate Cost in Florida?

Use our free calculator to estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state.

Frequently Asked Questions

Probate costs in Florida typically include attorney fees (based on a statutory schedule that is presumed reasonable), executor fees, court filing fees, and publication costs.Fla. Stat. § 733.402 (bond), § 733.617 (executor fees), § 733.6171 (attorney fees), § 733.702 (creditor claims), § 733.710 (nonclaim bar), § 733.2121 (publication), § 735.201 (summary administration), § 735.301 (disposition without administration). Verified 2026-04-14 via leg.state.fl.us.Verified Apr 14, 2026 Total costs generally range from 3-8% of the estate value depending on complexity. Use the executor fee calculator to estimate executor compensation separately.

Florida allows estates valued at $0 or less to use a Disposition Without Administration, which avoids formal probate.Fla. Stat. § 733.402 (bond), § 733.617 (executor fees), § 733.6171 (attorney fees), § 733.702 (creditor claims), § 733.710 (nonclaim bar), § 733.2121 (publication), § 735.201 (summary administration), § 735.301 (disposition without administration). Verified 2026-04-14 via leg.state.fl.us.Verified Apr 14, 2026 Estates up to $75,000 may qualify for Summary Administration. The waiting period is 0 days after death. Check eligibility with the Florida probate need checker.

In Florida, simple estates typically take 6-9 months. Average estates take 9-12 months. Complex estates with disputes, tax issues, or unusual assets can take 12-24 months or longer.Fla. Stat. § 733.402 (bond), § 733.617 (executor fees), § 733.6171 (attorney fees), § 733.702 (creditor claims), § 733.710 (nonclaim bar), § 733.2121 (publication), § 735.201 (summary administration), § 735.301 (disposition without administration). Verified 2026-04-14 via leg.state.fl.us.Verified Apr 14, 2026 The 3-month creditor claim period sets a minimum timeline.

In Florida, the statutory fee schedule is "presumed reasonable" but can be negotiated.Fla. Stat. § 733.6171Verified Apr 14, 2026 This gives families the option to discuss fees while having a baseline for comparison.

Florida allows executors to receive reasonable compensation.Fla. Stat. § 733.617Verified Apr 14, 2026 Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the Florida executor fee calculator.

Real property cannot be transferred using the small estate affidavit in Florida.Fla. Stat. § 733.402 (bond), § 733.617 (executor fees), § 733.6171 (attorney fees), § 733.702 (creditor claims), § 733.710 (nonclaim bar), § 733.2121 (publication), § 735.201 (summary administration), § 735.301 (disposition without administration). Verified 2026-04-14 via leg.state.fl.us.Verified Apr 14, 2026 Separate procedures apply.

Probate Costs in Florida

Understanding probate costs in Florida is the first step in estate planning. Fees, timelines, and court requirements vary significantly from other states, so a Florida-specific estimate matters. Compare probate with trust-based planning using the trust vs. will tool.

Attorney fees in Florida are based on reasonable compensation, typically to of the estate value. Families can negotiate rates, and courts review fees for reasonableness.

Simple estates in Florida typically close in 6 monthsFla. Stat. § 733.402Verified Apr 14, 2026 to 9 monthsFla. Stat. § 733.402Verified Apr 14, 2026. A revocable living trust bypasses probate entirely — assets transfer privately, typically within weeks.

SimplyTrustSimplyTrust Editorial·Updated April 14, 2026

Legal Sources

  • Fla. Stat. § 733.402

Data sourced from Florida statutes and official state code. How we research.

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In-depth guides covering Florida probate laws, trust requirements, and estate planning strategies.

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