Do I Need a Lawyer for Probate in Florida?

Court filing fees in Florida vary by county.Fla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the court, every fiduciary to whom letters are granted shall execute and file a bond with surety"; banks/trust companies exempt under (3)), § 733.617(2) (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171(3) (attorney compensation presumed reasonable: $1,500 for estates $40,000 or less; +$750 $40K-$70K; +$750 $70K-$100K; "3 percent on the next $900,000"; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required by (2)(b)), § 733.604(1)(a) (PR self-values the estate in a verified inventory — no court appraiser), § 733.702(1) (creditor claims: later of 3 months from first publication OR 30 days from service on the creditor), § 733.710(1) (absolute 2-year nonclaim bar from date of death), § 733.2121(2) (publication "once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered"), § 735.201(2) (summary administration: estate less exempt property "does not exceed $150,000 ... or ... the decedent has been dead for more than 2 years" — $150,000 per Ch. 2026-57 § 7, in force since 2026-07-01), § 735.301(1) (disposition without administration: decedent "leaving only personal property" whose nonexempt value does not exceed preferred funeral expenses + last-60-days medical/hospital expenses; no fixed dollar cap; not amended by Ch. 2026-57). Re-verified 2026-07-14 by live fetch of the Ch. 733 and Ch. 735 statute pages on leg.state.fl.us and the enrolled chapter law Ch. 2026-57 at laws.flrules.org/2026/57 (act § 14: "This act shall take effect July 1, 2026"). Codified republication on leg.state.fl.us still printed the pre-2026 figures ($75,000 / $2,500 / $1,000 / $10,000) on 2026-07-14; the chapter law controls.Verified Jul 15, 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: "Unless the bond requirement has been waived by the will or by the court, every fiduciary to whom letters are granted shall execute and file a bond with surety"; banks/trust companies exempt under (3)), § 733.617(2) (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171(3) (attorney compensation presumed reasonable: $1,500 for estates $40,000 or less; +$750 $40K-$70K; +$750 $70K-$100K; "3 percent on the next $900,000"; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required by (2)(b)), § 733.604(1)(a) (PR self-values the estate in a verified inventory — no court appraiser), § 733.702(1) (creditor claims: later of 3 months from first publication OR 30 days from service on the creditor), § 733.710(1) (absolute 2-year nonclaim bar from date of death), § 733.2121(2) (publication "once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered"), § 735.201(2) (summary administration: estate less exempt property "does not exceed $150,000 ... or ... the decedent has been dead for more than 2 years" — $150,000 per Ch. 2026-57 § 7, in force since 2026-07-01), § 735.301(1) (disposition without administration: decedent "leaving only personal property" whose nonexempt value does not exceed preferred funeral expenses + last-60-days medical/hospital expenses; no fixed dollar cap; not amended by Ch. 2026-57). Re-verified 2026-07-14 by live fetch of the Ch. 733 and Ch. 735 statute pages on leg.state.fl.us and the enrolled chapter law Ch. 2026-57 at laws.flrules.org/2026/57 (act § 14: "This act shall take effect July 1, 2026"). Codified republication on leg.state.fl.us still printed the pre-2026 figures ($75,000 / $2,500 / $1,000 / $10,000) on 2026-07-14; the chapter law controls.Verified Jul 15, 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 estate settlement plan outlines every step from filing to final distribution.