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Title Tag: Florida Probate Attorney Fees (2026): §733.6171 Schedule, Extraordinary Fees & How to Reduce Your Bill - ProbatePedia
Meta Description: Florida probate attorney fees follow a presumptive schedule under §733.6171 — 3% of the first $1 million, less for larger estates. Learn the full fee table, what extraordinary fees can add, the Personal Representative fee, how courts can adjust fees, and six strategies to reduce your bill.
Florida Probate Attorney Fees (2026): The Complete Cost Guide
Last Updated: March 2026 • Florida Statute §733.6171 | Reading time: ~12 minutes
Florida probate attorney fees are governed by §733.6171, which sets a presumptively reasonable schedule: $1,500 on the first $40,000 of estate value, then 3% on amounts from $40,000 to $1,000,000, then 2.5% on the next $2,000,000, and lower percentages for larger estates. The Personal Representative is entitled to the same fee independently. On a $600,000 estate, the combined attorney and Personal Representative fee under this schedule totals approximately $34,200 — before extraordinary fees, court costs, or publication. For most Florida families, advance planning with a Lady Bird Deed or living trust eliminates this cost entirely. Florida's approach to probate attorney fees differs from California's in one critical way: California's §10810 fee formula is a hard statutory cap that applies automatically. Florida's §733.6171 establishes a presumptively reasonable fee — a schedule that courts treat as the standard, that attorneys generally collect in full, but that can be adjusted upward or downward by agreement or court order in appropriate cases. In practice, the difference is modest. Florida probate attorneys routinely collect the full presumptive schedule fee as the going rate for Formal Administration. Beneficiaries who want to challenge the fee must affirmatively petition the court — and must demonstrate that the presumptive fee is unreasonable given the work actually performed. That is a high bar in an uncontested, straightforward estate. This guide covers the complete §733.6171 fee schedule with worked examples, the Personal Representative fee, extraordinary fees that can increase total costs substantially, how courts handle fee disputes, regional hourly rate ranges, and concrete strategies to reduce probate costs.
The §733.6171 Presumptive Fee Schedule — Explained
Florida Statute §733.6171(3) sets the presumptively reasonable compensation for a Florida probate attorney in a Formal Administration proceeding. The schedule is tiered by estate value:
| ContentFee on This TierContentCumulative Attorney Fee** | | --- | --- | --- | | First $40,000 | $1,500 (flat minimum) | $1,500 | | $40,001 – $1,000,000 | 3% of this tier | $30,300 | | $1,000,001 – $3,000,000 | 2.5% of this tier | $80,300 | | $3,000,001 – $5,000,000 | 2.0% of this tier | $120,300 | | $5,000,001 – $10,000,000 | 1.5% of this tier | $195,300 | | Above $10,000,000 | 1.0% of this tier (or as determined by court) | Calculated accordingly |
Florida Uses Gross Estate Value — Not Net:
Like California, the Florida §733.6171 fee schedule applies to the gross value of the estate — the total appraised value of all probate assets before subtracting any mortgages, liens, or debts. A home worth $600,000 with a $400,000 mortgage is treated as a $600,000 asset for fee calculation purposes. The family inherits only $200,000 in net equity, but the attorney fee is calculated on the full $600,000. On highly mortgaged estates, this means the attorney fee can consume a significant portion — sometimes the majority — of the family's actual inheritance.
Worked Examples: Attorney Fees by Estate Size
The following table shows the §733.6171 presumptive attorney fee, the equal Personal Representative fee, combined total, estimated court and miscellaneous costs, and the grand total minimum — at common Florida estate values. Court and misc costs are estimated at $1,270 ($395 filing fee + $200 publication + $200 appraisals + $475 certified copies and misc).
| ContentAttorney FeeContentPR FeeContentCombined StatutoryContentEst. Court + MiscContentEst. Total MinimumContentAs % of Gross** | | --- | --- | --- | --- | --- | --- | --- | | $100,000 | $3,300 | $3,300 | Content$7,870** | 7.9% | | $250,000 | $7,800 | $7,800 | Content$16,870** | 6.7% | | $500,000 | $15,300 | $15,300 | Content$31,870** | 6.4% | | $750,000 | $22,800 | $22,800 | Content$46,870** | 6.2% | | $1,000,000 | $30,300 | $30,300 | Content$61,870** | 6.2% | | $1,500,000 | $42,800 | $42,800 | Content$86,870** | 5.8% | | $2,000,000 | $55,300 | $55,300 | Content$111,870** | 5.6% | | $3,000,000 | $80,300 | $80,300 | Content$161,870** | 5.4% | | $5,000,000 | $120,300 | $120,300 | Content$241,870** | 4.8% |
Notes: PR fee is the same schedule as attorney fee; both collect independently. Court + misc estimate: $395 filing fee + $200 publication + $200 appraisals + $475 misc. Extraordinary fees are not included. For estates over $1M, the 2.5% tier applies to the excess; calculations above reflect the correct cumulative schedule.
The Mortgage Problem: What the Family Actually Receives
The gross value fee formula creates its most severe impact on heavily mortgaged estates. The table below shows the same $700,000 home at different mortgage levels — and what the family actually receives after statutory fees:
| ContentMortgageContentFamily Net EquityContentCombined Statutory FeesContentNet After FeesContentFees as % of Net Equity** | | --- | --- | --- | --- | --- | --- | | $700,000 | $500,000 | $200,000 | Content$157,400Content21%** | | $700,000 | $350,000 | $350,000 | Content$307,400** | 12% | | $700,000 | $150,000 | $550,000 | Content$507,400** | 8% | | $700,000 | $0 | $700,000 | Content$657,400** | 6% |
In the first row: the family's net equity is $200,000, but the combined statutory fees are $42,600 — consuming 21% of what the family stood to inherit. This is not hypothetical: it describes a large number of Florida homeowners who purchased in the last decade with high loan-to-value mortgages.
The Personal Representative Fee — Separate and Equal
Florida's §733.6171 entitles the Personal Representative (executor) to the same compensation as the attorney — independently and in addition to the attorney's fee. The PR fee is not a division of the attorney's fee; both parties collect the full schedule amount from the estate.
The combined impact: on a $500,000 estate, the attorney collects $15,300 and the PR collects another $15,300 — a combined $30,600 before court costs. Both fees come out of the estate before any distribution to beneficiaries.
Should the Personal Representative Waive Their Fee?
A PR who is also a primary beneficiary faces a straightforward tax calculation that almost always favors waiving the fee:
| ContentTax TreatmentContentNet Result on $500,000 Estate** | | --- | --- | --- | | PR collects the §733.6171 fee ($15,300) | PR fee is ordinary income — taxed at federal income tax rates (22%–37% for most adults in this situation) plus Florida has no income tax | PR keeps ~$11,016 after ~28% effective tax; estate reduced by full $15,300 before distribution | | PR waives the fee; receives larger inheritance instead | Inheritance is income-tax-free under federal law (IRC §102); estate distributes full share without the fee deduction | PR receives full inherited share; no income tax on the inheritance; estate is larger by $15,300 for distribution |
Waiving the PR Fee Is Almost Always the Right Choice for Beneficiary-PRs:
If you are serving as Personal Representative and you are also a significant beneficiary, collect the fee only if you have a specific reason — such as needing the cash immediately, having other heirs who are not paying you for your work, or needing to equalize distributions between multiple beneficiaries. In most cases, waiving the fee and receiving a larger income-tax-free inheritance is more financially advantageous. Discuss both scenarios with the estate attorney and a CPA before deciding.
Co-Personal Representatives
When two or more people are appointed as Co-Personal Representatives, the presumptive fee is not doubled — it is split between them. The total PR compensation remains at one statutory schedule amount, divided among all co-PRs as they agree (or as the court determines if they cannot agree). This is different from the attorney situation, where each attorney in a multi-attorney firm may collectively receive one statutory fee — not one per attorney.
Extraordinary Attorney Fees — What Can Push Costs Much Higher
The §733.6171 presumptive schedule applies to "ordinary" probate services — the routine administration work of gathering assets, paying creditors, filing accountings, and distributing to beneficiaries. Work that goes beyond ordinary administration is billed as extraordinary fees, petitioned to the court separately, and approved in addition to the presumptive schedule fee.
Florida courts have held that the presumptive fee covers the following ordinary services: locating and inventorying assets, opening estate accounts, publishing notice to creditors, preparing and filing the inventory, communicating with beneficiaries, preparing the final accounting, and supervising routine distributions. Everything else is potentially extraordinary.
| ContentTypical Additional Fee RangeContentNotes** | | --- | --- | --- | | Selling estate real property (Formal Administration) | $3,000–$15,000+ per transaction | Preparing and filing petition for authority to sell; supervising listing and closing; reviewing title commitment; preparing PR's deed. Does not include real estate agent commission (5–6% additional). | | Will contest defense or prosecution | $15,000–$200,000+ per side | Depositions, discovery, expert witnesses, trial preparation; highly variable by complexity and duration | | Contested Personal Representative appointment | $5,000–$30,000+ | Briefing, hearing preparation, court appearances | | Federal estate tax return (Form 706) | $5,000–$25,000+ | Required for estates over $15M in 2026; tax counsel typically engaged separately from probate attorney | | Florida estate income tax return (Form F-1041) | $1,500–$5,000 | Required if estate earns $600+ in gross income during administration | | AHCA Medicaid recovery claim — negotiation | $2,000–$10,000+ | Reviewing AHCA's claim, negotiating reduction, preparing settlement documents | | Business interest valuation and administration | $5,000–$50,000+ | Engaging business appraiser, reviewing operating agreements, managing or winding down business during administration | | Creditor claim dispute — defense | $3,000–$25,000 per claim | Reviewing claim validity, filing objection, attending hearing if contested | | Guardianship of minor beneficiary's share | $2,000–$8,000+ | If a minor inherits more than $15,000, court guardianship required — separate attorney and guardian ad litem fees | | Ancillary probate in another state | $3,000–$20,000+ per state | Out-of-state counsel required; each state's probate is a separate proceeding. Eliminated by living trust. | | Trust litigation (challenging a pour-over will or trust) | $20,000–$150,000+ per side | Complex; requires both probate and trust litigation expertise |
Extraordinary Fees on a Real Estate Sale — The Hidden Multiplier:
The most common extraordinary fee situation in Florida is a sale of estate real property during probate. The attorney files a petition for authority to sell, supervises the transaction, prepares the PR's deed, and handles the closing — all billable as extraordinary work at $3,000–$15,000 in addition to the presumptive schedule fee. On top of that, the real estate agent collects a commission of 5–6% of the sale price — on a $500,000 home, that is $25,000–$30,000 to the agent alone. Total cost of a real estate sale during probate on a $500,000 home: presumptive attorney fee ($14,820) + PR fee ($14,820) + extraordinary fee ($5,000–$10,000) + agent commission ($25,000–$30,000) + court and misc ($1,270) = $60,910–$70,910. A Lady Bird Deed recorded before death eliminates every dollar of this cost.
Florida Probate Attorney Hourly Rates by Region
For matters billed hourly — Summary Administration, extraordinary services, contested proceedings, and small estates where the §733.6171 schedule would produce an unreasonably small fee — Florida probate attorneys charge hourly rates that vary significantly by region and experience level:
| ContentEntry-Level / AssociateContentExperienced / Mid-LevelContentSenior Partner / Specialist** | | --- | --- | --- | --- | | Miami / Fort Lauderdale (South FL) | $200–$275/hr | $300–$425/hr | $450–$650+/hr | | Palm Beach County | $200–$275/hr | $300–$400/hr | $425–$600+/hr | | Tampa / St. Petersburg | $175–$250/hr | $275–$375/hr | $400–$550+/hr | | Orlando / Central FL | $175–$250/hr | $275–$375/hr | $400–$550+/hr | | Jacksonville / Northeast FL | $175–$225/hr | $250–$350/hr | $375–$500+/hr | | Southwest FL (Naples, Fort Myers) | $175–$250/hr | $275–$375/hr | $400–$550+/hr | | Sarasota / Manatee | $175–$250/hr | $275–$375/hr | $375–$525+/hr | | Panhandle / North FL (Tallahassee, Pensacola) | $150–$200/hr | $225–$325/hr | $350–$475+/hr | | Rural / Small county | $125–$175/hr | $200–$300/hr | $300–$425/hr |
These ranges are market estimates as of March 2026. Elder law and estate litigation specialists at the top of the market in South Florida can charge $700/hr or more. Rates for Summary Administration flat fees are typically $1,500–$3,500 regardless of hourly rates — attorneys absorb efficiency in simple proceedings.
Fee Structures: What Florida Probate Attorneys Actually Charge
Florida probate attorneys use several different fee arrangements. Understanding which structure applies — and what it means for your total bill — is essential before engaging counsel:
| ContentHow It WorksContentBest ForContentWatch Out For** | | --- | --- | --- | --- | | §733.6171 presumptive schedule | Attorney collects the statutory schedule amount at conclusion of administration; court approval technically required but rarely denied in uncontested estates | Formal Administration of mid-to-large estates; provides certainty for both attorney and estate | Fees are based on gross value regardless of mortgage; can seem disproportionate on highly mortgaged estates | | Flat fee (below presumptive schedule) | Attorney quotes a fixed fee for the entire administration; may require beneficiary/court approval if below presumptive rate | Simple, uncontested Formal Administration where all parties want certainty | Flat fee may not cover extraordinary work — confirm what is included and what triggers additional billing | | Flat fee — Summary Administration | Standard for Summary Administration proceedings; $1,500–$3,500 typically covers the entire proceeding | Summary Administration; small estates | Confirm fee covers court appearances, creditor notices, AHCA communication; get scope in writing | | Hourly rate | Billed by the hour; total depends on time spent; monthly statements typical | Contested proceedings; extraordinary work billed separately from presumptive schedule | Open-ended cost exposure; ask for a budget estimate and billing caps where possible | | Reduced presumptive fee by agreement | Attorney agrees to accept less than the §733.6171 schedule; requires beneficiary consent and court approval | Estates where the scheduled fee seems disproportionate to actual work (large estate, simple assets) | Attorney must agree; not obligated to reduce; courts generally approve agreed reductions |
Can the Court Reduce the Attorney's Fee Below the Presumptive Amount?
Yes — Florida courts have discretion to reduce the attorney fee below the §733.6171 schedule if they find the presumptive amount is unreasonably high given the actual work performed. The court considers: the size and nature of the estate, the skill and experience required, the time and labor involved, the results obtained, and the fee customarily charged for similar services in the community.
In practice, courts rarely reduce fees on their own initiative in uncontested estates. Fee reductions almost always require an objection filed by a beneficiary or the court itself (which is uncommon). If you believe the attorney's fee is disproportionate to the work performed, you or another beneficiary must file a formal objection to the fee petition. The burden is on the objecting party to demonstrate that the presumptive fee is unreasonable.
Negotiating Before Engagement Is More Effective Than Challenging After:
The most effective time to negotiate attorney fees is before engaging the attorney — not after the estate is already in administration and the relationship is established. Ask prospective attorneys directly: 'Will you accept a flat fee for this estate? Would you consider a reduced schedule fee given the simplicity of the assets?' Many Florida probate attorneys will agree to a below-schedule fee for truly simple estates — particularly when the estate is large but requires minimal actual work (e.g., a $900,000 estate consisting entirely of one bank account and a home with a Lady Bird Deed already in place for the home). Getting any reduction in writing before engagement is essential.
Complete Florida Probate Cost Breakdown: Everything in One Place
The attorney and PR fees are the largest costs, but not the only ones. Here is every cost category in a Florida Formal Administration:
| ContentAmount / RangeContentRequired?ContentNotes** | | --- | --- | --- | --- | | Attorney fee (§733.6171 schedule) | 3% tier structure (see table above) | Yes — unless agreed reduction | Presumptively reasonable; collected from estate before distribution | | Personal Representative fee (§733.6171 schedule) | Same as attorney fee | No — PR may waive | PR should evaluate tax implications before collecting (see waiver analysis above) | | Court filing fee — Petition for Administration | $395–$465 (varies by county) | Yes | Per §28.241; base $395 statewide; local county surcharges may apply | | Notice to Creditors — newspaper publication | $75–$200 | Yes — Formal Administration | Two consecutive weeks in local newspaper of general circulation per §733.2121 | | Certified death certificates | $10–$14 each; budget 6–10 copies | Yes | Each institution typically requires its own certified copy; county vital statistics | | Estate inventory — real property appraisal | $300–$600 per property | If real property | Licensed appraiser or written broker price opinion; required for inventory valuation | | Bond premium | 0.5–1.5% of bonded amount annually | Unless waived by will or all beneficiaries | A well-drafted will always waives bond; avoidable with planning | | Certified copies of court orders | $1–$2 per page + $2 certification | Yes | Multiple copies needed for institutions and recordings | | Accountant / CPA fees | $500–$5,000+ | Usually yes | Final income tax return (1040); estate income return (1041 if $600+ income); estate tax return (706) if applicable | | Extraordinary attorney fees | $3,000–$200,000+ depending on services | Only if extraordinary work is required | Court-approved; billed in addition to presumptive schedule | | Real estate agent commission (if property sold) | 5–6% of sale price | Only if real estate is sold | A $400,000 home sale costs $20,000–$24,000 in commissions alone — separate from attorney fees | | Estimated total — uncontested estate, no real estate sale, no extraordinary work | Attorney + PR fees + ~$1,270 court/misc | | See per-estate-value table above for specifics |
6 Strategies to Reduce Florida Probate Attorney Fees
Strategy 1: Avoid Formal Probate Entirely with Advance Planning
The most effective cost reduction is eliminating the probate proceeding entirely. A Lady Bird Deed for the home ($300–$600 attorney fee + $19–$25 recording) and beneficiary designations on all financial accounts (free) can eliminate probate on the majority of a typical Florida estate — at a total cost of under $700. For more complex estates, a revocable living trust ($1,500–$5,000) covers everything. Neither approach imposes the ongoing $30,000–$80,000+ cost of Formal Administration.
Strategy 2: Use Summary Administration If Eligible
If the estate qualifies for Summary Administration — non-exempt assets under $75,000, or death more than two years ago — use it. The §733.6171 presumptive schedule does not apply to Summary Administration. A flat fee of $1,500–$3,500 covers the entire proceeding, compared to $15,000–$50,000+ for Formal Administration on the same estate value. The Florida homestead exclusion from the $75,000 threshold makes Summary Administration available to a larger population of estates than most families realize.
Strategy 3: PR Waives the Fee
If the Personal Representative is also a primary beneficiary — the most common scenario — waiving the PR fee eliminates one full statutory fee amount from the estate. On a $750,000 estate, that is $22,800 remaining in the estate for distribution rather than being paid as taxable income to the PR. This strategy costs nothing to implement — the PR simply signs a written waiver.
Strategy 4: Negotiate a Flat Fee Before Engagement
Before retaining a probate attorney, ask whether they will accept a flat fee below the presumptive schedule — particularly for simple estates where all assets are liquid, all beneficiaries are cooperative, and the principal activity is preparing filings and administering the estate over the mandatory creditor period. Many Florida probate attorneys, especially outside major metropolitan areas, will negotiate for straightforward estates. Get any agreed fee structure in writing in the engagement letter before signing.
Strategy 5: Manage Extraordinary Work to Minimize Attorney Time
Extraordinary fees are billed hourly and quickly accumulate. Beneficiaries and PRs can reduce these costs by:
- Providing the attorney with a complete, organized inventory of all assets at the outset — reducing time spent locating and valuing assets
- Handling routine communications with financial institutions directly where permitted — many institutions will communicate directly with the PR using the Letters of Administration
- Selling real property before death (or using a Lady Bird Deed to avoid the probate sale entirely) — eliminating the most common source of extraordinary fees
- Addressing AHCA Medicaid recovery proactively — contacting AHCA early and providing full documentation reduces negotiation time
- Keeping beneficiary communications clear and cooperative — contested accountings and disputed distributions are extraordinarily expensive
Strategy 6: Request Court Review of Unreasonable Fees
If the attorney seeks a fee that appears disproportionate to the actual complexity and work involved, any beneficiary may file an objection to the fee petition. The court will then evaluate the fee against the §733.6171 factors and determine whether the presumptive schedule is reasonable in light of the actual work performed. This strategy is most applicable when: the estate was very simple (a single liquid asset), the administration required minimal attorney time, or the attorney delegated most work to paralegals while billing at attorney rates. Document your concerns specifically and retain separate counsel to prosecute the fee objection if the amount in dispute warrants it.
Summary Administration Fees: What the §733.6171 Schedule Does NOT Apply To
The §733.6171 presumptive schedule explicitly applies to Formal Administration. For Summary Administration, attorney fees are not governed by the tiered schedule — they are determined by agreement between the attorney and the petitioners, typically as a flat fee. Courts can still review Summary Administration fees for reasonableness if challenged.
| ContentFormal Administration Cost (Attorney + PR + Misc)ContentSummary Administration CostContentSavings** | | --- | --- | --- | --- | | $400K home (homestead, excluded) + $65K bank accounts | $25,870 — applied to full $400K gross (Formal) | Content$22,370 saved** | | No real estate; $72K in financial accounts | $6,190 | Content$3,690 saved** | | $1.2M estate; death occurred 2.5 years ago | $71,870 if Formal required | Content$67,370 saved** |
Frequently Asked Questions
Are Florida probate attorney fees negotiable?
Yes — the §733.6171 schedule is presumptively reasonable, not a mandatory minimum. Attorneys can agree to accept less, and courts can approve reduced fees when all parties consent. Negotiation is most effective before engagement. Attorneys are more flexible on simple, liquid estates where the scheduled fee is high relative to actual work. They are less flexible on complex estates with extensive creditor issues, contested proceedings, or real estate sales — where actual work may exceed the presumptive fee. Always ask for a fee discussion at the first consultation and get any agreed structure in writing.
What happens if the estate cannot pay the attorney fee?
Attorney fees are first-priority administration expenses under §733.707 — they are paid before any beneficiary receives a distribution and before most other creditors. If the estate's liquid assets are insufficient to pay the attorney fee, the attorney has several options: wait for real estate to be sold, request the court authorize a partial distribution to cover fees, or (in rare cases) negotiate a deferred fee arrangement. In a genuinely insolvent estate where assets are insufficient to cover even administration expenses, the attorney may need to petition the court for guidance on how to proceed. An experienced Florida probate attorney will address fee payment logistics at the outset of administration.
Does the Florida probate attorney fee include the cost of preparing tax returns?
No — tax preparation is typically billed separately as an extraordinary fee, often by a CPA or tax attorney rather than the probate attorney. The decedent's final Form 1040, the estate's Form 1041 (if the estate earns $600 or more in income during administration), and any required Florida or federal estate tax returns are all additional costs beyond the §733.6171 schedule. Confirm with the probate attorney at engagement which tax-related services are included in their representation and which require separate engagement of a tax professional.
Can two attorneys each collect the full §733.6171 fee?
No. The §733.6171 fee is for the attorney services rendered to the estate, not per attorney involved. If multiple attorneys from different firms participate in the administration, or if a firm assigns the matter to multiple lawyers, the total attorney fee is still one §733.6171 schedule amount — divided among the attorneys as they agree. The exception: if a second attorney is engaged for a specific extraordinary service (e.g., a tax specialist for the estate tax return, or litigation counsel for a will contest), that attorney's extraordinary fee is in addition to the first attorney's presumptive schedule fee.
How are fees calculated for an estate with assets in multiple counties?
The §733.6171 fee is calculated on the total gross probate estate value — all assets, regardless of which Florida county they are located in. The probate proceeding is filed in a single county (the decedent's domicile), and the attorney handles administration of all Florida assets through that one proceeding. If the estate includes out-of-state property, a separate ancillary probate must be opened in that state, engaging local counsel there — a separate fee in addition to the Florida attorney's fee.
Florida Probate Attorney Fees — Bottom Line
The §733.6171 presumptive schedule produces fees that, on a $500,000–$1,000,000 estate, typically run $18,000–$36,000 in combined attorney and Personal Representative fees — before extraordinary work, before court costs, and before any real estate agent commissions. On heavily mortgaged estates, these fees can consume the majority of the family's actual net inheritance.
The most effective response to Florida probate fees is advance planning: a Lady Bird Deed for the home and beneficiary designations on all financial accounts can eliminate the probate estate — and these fees — entirely, at a total cost of under $700. For more complex estates, a revocable living trust provides comprehensive coverage at $1,500–$5,000 — a fraction of what a single probate proceeding costs.
If probate is already underway, the practical strategies are: PR fee waiver (if the PR is a beneficiary), negotiating extraordinary fees and keeping administration simple, and — if eligible — using Summary Administration instead of Formal Administration.
Related Articles:
→ Florida Probate Fee Calculator — estimate your estate's probate cost instantly
→ How to Avoid Probate in Florida — Lady Bird Deed, Living Trust, and 4 other methods
→ Florida Lady Bird Deed — eliminate probate on your home for under $700 total
→ Florida Summary Administration — the fast-track alternative for qualifying estates
→ Florida Revocable Living Trust — comprehensive probate avoidance
✅ Data Notes — March 2026
• §733.6171 fee schedule — confirmed: $1,500 flat on first $40K; 3% on $40K–$1M; 2.5% on $1M–$3M; 2% on $3M–$5M; 1.5% on $5M–$10M; no 2024–2025 amendments
• Fee applies to gross estate value (not net) — confirmed; mortgages do not reduce the fee base
• PR fee equals attorney fee schedule independently — confirmed §733.6171(1)
• Presumptive fee is not mandatory minimum — confirmed; can be reduced by court or by agreement
• Court filing fee $395–$465 — confirmed §28.241; base $395 + county surcharges
• Publication fee $75–$200 — confirmed as market range; two consecutive weeks required §733.2121
• PR fee waiver — confirmed permissible; ordinary income tax treatment of fee confirmed under IRC
• Co-PR fee divided (not multiplied) — confirmed; one statutory schedule shared among co-PRs
• Extraordinary fees in addition to presumptive schedule — confirmed §733.6171(4)
• Summary Administration fee NOT governed by §733.6171 — confirmed; flat fee by agreement; court can review for reasonableness
• Bond waiver — confirmed permissible if will waives or all beneficiaries consent
• Minor beneficiary threshold $15,000 — confirmed §744.301; guardianship of property required above this amount
probatepedia.com · /florida/probate-process/attorney-fees/ · FL-5 of 8 · v1.0 March 2026 · Data verified