Do I Need a Lawyer for Probate in Florida?
Find out if you can handle probate yourself, see estimated cost savings vs. hiring an attorney, and get a step-by-step filing checklist.
Frequently Asked Questions
Yes, you can file probate without a lawyer in Florida, though the process may require more effort depending on estate complexity.Fla. Stat. § 733.402 (bond — required by default; waivable by will or court order; banks/trust companies exempt), § 733.617 (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171 (attorney compensation presumed reasonable: $1,500 flat ≤$40K; +$750 $40K-$70K; +$750 $70K-$100K; 3% $100K-$1M; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required), § 733.702 (creditor claims: later of 3 months from first publication OR 30 days from service on known creditor), § 733.710 (absolute 2-year nonclaim bar from date of death), § 733.2121 (publication once/week for 2 consecutive weeks in county newspaper), § 735.201 (summary administration: nonexempt estate ≤$75K OR decedent dead >2 years), § 735.301 (disposition without administration: nonexempt personal property ≤ funeral expenses + 60-day medical/hospital expenses; no fixed dollar cap). Re-verified 2026-05-30 via leg.state.fl.us — all statutory values and thresholds confirmed unchanged.Verified May 30, 2026 Many Florida courts offer self-help resources and standardized forms.
Court filing fees in Florida vary by county.Fla. Stat. § 733.402 (bond — required by default; waivable by will or court order; banks/trust companies exempt), § 733.617 (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171 (attorney compensation presumed reasonable: $1,500 flat ≤$40K; +$750 $40K-$70K; +$750 $70K-$100K; 3% $100K-$1M; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required), § 733.702 (creditor claims: later of 3 months from first publication OR 30 days from service on known creditor), § 733.710 (absolute 2-year nonclaim bar from date of death), § 733.2121 (publication once/week for 2 consecutive weeks in county newspaper), § 735.201 (summary administration: nonexempt estate ≤$75K OR decedent dead >2 years), § 735.301 (disposition without administration: nonexempt personal property ≤ funeral expenses + 60-day medical/hospital expenses; no fixed dollar cap). Re-verified 2026-05-30 via leg.state.fl.us — all statutory values and thresholds confirmed unchanged.Verified May 30, 2026 Self-filing costs typically include the court petition fee, publication costs, and bond premiums. The filing fee is a fraction of total probate costs. See a full breakdown with the Florida probate calculator.
Simple estates in Florida typically take 6-9 months.Fla. Stat. § 733.402 (bond — required by default; waivable by will or court order; banks/trust companies exempt), § 733.617 (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171 (attorney compensation presumed reasonable: $1,500 flat ≤$40K; +$750 $40K-$70K; +$750 $70K-$100K; 3% $100K-$1M; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required), § 733.702 (creditor claims: later of 3 months from first publication OR 30 days from service on known creditor), § 733.710 (absolute 2-year nonclaim bar from date of death), § 733.2121 (publication once/week for 2 consecutive weeks in county newspaper), § 735.201 (summary administration: nonexempt estate ≤$75K OR decedent dead >2 years), § 735.301 (disposition without administration: nonexempt personal property ≤ funeral expenses + 60-day medical/hospital expenses; no fixed dollar cap). Re-verified 2026-05-30 via leg.state.fl.us — all statutory values and thresholds confirmed unchanged.Verified May 30, 2026 The 3-month creditor claim period is the minimum timeline. Self-filed probate takes roughly the same time as attorney-filed probate.
The primary savings from self-filing come from eliminating attorney fees, which are the largest expense in most probate cases. Court filing fees, publication costs, and executor compensation remain the same whether an attorney is involved or not. The Florida probate calculator shows the attorney fee component.
The probate process in Florida typically involves filing the petition, notifying heirs and creditors, inventorying assets, paying debts, and distributing the remaining estate. Each step has specific court requirements and deadlines. The Florida executor checklist outlines every step from filing to final distribution.
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Florida Estate Planning Resources
In-depth guides covering Florida probate laws, trust requirements, and estate planning strategies.
