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Florida Intestate Succession Chart: Who Inherits When There Is No Will
May 12, 2026Florida probate typically costs between 3% and 7% of the gross estate value, depending on the estate’s size, the type of administration (summary, formal, or ancillary), and the county where the estate is administered. The major cost components are the court filing fee (approximately $235 to $402 in 2026), statutory attorney’s fees set by Florida Statute 733.6171, personal representative compensation under Florida Statute 733.617, publication of notice to creditors, and incidental expenses such as bond premiums, accounting, and appraisals.
Last updated: June 12, 2026 · By Alexis Bucelo Diaz, Esq.
Key Takeaways
- Florida court filing fees in 2026 are approximately $402 for formal or ancillary administration and $235 for summary administration, with small county-level surcharges.
- Florida law presumes attorney’s fees are reasonable when calculated under Florida Statute 733.6171: $1,500 for estates up to $40,000, scaling to 3% of value for estates between $100,000 and $1 million.
- The personal representative is also entitled to compensation under Florida Statute 733.617, generally 3% of the first $1 million of estate value.
- Summary administration (estates under $150,000 as of July 1, 2026 under CS/HB 1337, previously $75,000, or where the decedent has been deceased more than two years) costs significantly less than formal administration. At Bucelo Diaz Law, summary administration is a $4,500 flat fee.
- Most Florida probate costs can be paid from the estate itself, not out of the personal representative’s pocket.
- A revocable living trust, Lady Bird deed, or properly titled accounts can avoid probate entirely and the costs that come with it.
Costs are one piece of the process. For the full picture, start with our Complete Guide to Florida Probate.
What Costs Make Up Florida Probate?
Florida probate costs fall into six main categories. Understanding each one helps personal representatives, beneficiaries, and people planning their estates anticipate what an estate will actually pay.
1. Court Filing Fees
Every Florida probate begins with a filing fee paid to the Clerk of the Circuit Court in the county where the decedent was domiciled. As of 2026, those fees are set by Florida Statute 28.241 and are roughly:
- Formal administration: approximately $402
- Summary administration: approximately $235
- Ancillary administration (for non-Florida decedents owning Florida property): approximately $402
- Caveat (preliminary filing to receive notice of probate): approximately $42
Each county may add a small technology surcharge of $5 to $10. Filing fees are paid once and are recoverable as an administrative expense of the estate.
2. Attorney’s Fees (Florida Statute 733.6171)
Florida is unusual in that statutory law sets a presumed reasonable attorney’s fee for ordinary services in formal estate administration. The fee is calculated against the compensable value of the estate, which means the inventory value of the probate assets plus income earned during administration.
The 2026 statutory schedule under Florida Statute 733.6171(3)(a):
| Compensable Estate Value | Presumed Reasonable Attorney’s Fee |
|---|---|
| Up to $40,000 | $1,500 flat |
| $40,001 to $70,000 | $2,250 flat |
| $70,001 to $100,000 | $3,000 flat |
| $100,001 to $1,000,000 | $3,000 + 3% of value above $100,000 |
| $1,000,001 to $3,000,000 | 2.5% on the next $2,000,000 |
| $3,000,001 to $5,000,000 | 2% on the next $2,000,000 |
| $5,000,001 to $10,000,000 | 1.5% on the next $5,000,000 |
| Above $10,000,000 | 1% on amounts above $10 million |
The statutory schedule is a presumption, not a mandate. Personal representatives and attorneys can negotiate a different fee arrangement (often hourly or flat fee), and a court may award higher fees for extraordinary services such as contested matters, real estate sales, or tax disputes.
For estates that involve unusual complications, including ancillary probate, will contests, or out-of-state real property, additional fees for extraordinary services are addressed in subsection (4) of the statute.
3. Personal Representative Compensation (Florida Statute 733.617)
The personal representative (sometimes called the executor) is also entitled to compensation under Florida Statute 733.617:
| Compensable Estate Value | Presumed Reasonable PR Fee |
|---|---|
| First $1,000,000 | 3% |
| $1,000,001 to $5,000,000 | 2.5% |
| $5,000,001 to $10,000,000 | 2% |
| Above $10,000,000 | 1.5% |
Family-member personal representatives often choose to waive this compensation, particularly when they are also a beneficiary of the estate. Waiving the fee can be tax-efficient because the fee is taxable income to the personal representative but generally not deductible by the estate in a way that benefits a single-beneficiary scenario.
4. Publication of Notice to Creditors
Florida requires publication of a Notice to Creditors in a local newspaper of general circulation in the county where the estate is administered. The cost varies by county and newspaper, typically $60 to $250, with major-metro newspapers (Miami-Dade, Broward, Palm Beach) on the higher end.
5. Bond Premiums (When Required)
If a will does not waive the bond requirement, the personal representative must post a bond as security for proper administration. The bond is typically equal to the value of the personal property in the estate plus expected income for one year. Bond premiums usually run 0.5% to 1% per year of the bond amount. Most well-drafted Florida wills waive the bond, eliminating this cost entirely.
6. Other Professional Fees and Incidentals
Depending on the estate, additional costs may include:
- Real estate appraisals: $300 to $700 per property
- Personal property appraisals: $150 to $1,500
- CPA / accountant fees: $500 to $5,000+ for estate income tax returns
- Death certificate copies: $5 to $15 each (multiple needed)
- Postage, copies, courier fees: $100 to $500
- Title search and title insurance: when real property is involved
Summary Administration vs. Formal Administration vs. Ancillary Probate: Cost Comparison
The type of probate has a substantial effect on cost. Florida offers three main pathways:
| Administration Type | When It Applies | Typical Total Cost |
|---|---|---|
| Summary Administration | Estate value under $150,000 as of July 1, 2026 (previously $75,000; CS/HB 1337), excluding homestead, OR decedent deceased more than 2 years | $2,500 to $5,000 |
| Formal Administration | Estate value over $150,000 as of July 1, 2026 (previously $75,000), or where ongoing administration (selling property, addressing creditors) is needed | 3% to 7% of estate value |
| Ancillary Probate | Decedent was domiciled outside Florida but owned Florida real property | $5,000 to $15,000+ |
Florida Probate Cost Examples by Estate Size
The following examples illustrate how Florida’s statutory fee schedule applies at different estate sizes. They are educational illustrations, not fee quotes. Each estate is different, and the actual cost of probate depends on the specific assets, the county, any complications, and the fee arrangement reached with counsel. Each example below assumes formal administration in a typical Florida county with no extraordinary complications.
Example 1: $50,000 Estate (Summary Administration)
- Court filing fee: $235
- Attorney fee (negotiated, since summary administration is simpler): $1,500 to $2,500
- Publication: $80 to $150
- Death certificates and incidentals: $100
- Total: roughly $2,000 to $3,300
Example 2: $200,000 Estate (Formal Administration)
- Court filing fee: $402
- Statutory attorney fee: $3,000 + (3% × $100,000) = $6,000
- Personal representative fee (if not waived): 3% × $200,000 = $6,000
- Publication, appraisals, incidentals: $400 to $1,000
- Total: roughly $7,000 to $13,000 (or about $7,000 if PR waives fee)
Example 3: $1,000,000 Estate (Formal Administration)
- Court filing fee: $402
- Statutory attorney fee: $3,000 + (3% × $900,000) = $30,000
- Personal representative fee (if not waived): 3% × $1,000,000 = $30,000
- Real estate appraisal, CPA, publication, incidentals: $1,500 to $5,000
- Total: roughly $31,500 to $65,000
Example 4: $5,000,000 Estate (Formal Administration)
- Court filing fee: $402
- Statutory attorney fee: $30,000 + (2.5% × $2,000,000) + (2% × $2,000,000) = $120,000
- Personal representative fee: $30,000 + (2.5% × $4,000,000) = $130,000
- CPA, appraisals, federal estate tax return preparation, incidentals: $5,000 to $20,000
- Total: roughly $135,000 to $270,000
These figures are not Bucelo Diaz Law fee quotes. They show how Florida’s statutory schedule would calculate a presumed reasonable fee at each estate size. The actual cost in any specific Florida estate depends on the assets involved, the county where administration is filed, any contested or extraordinary matters, the personal representative’s decision to take or waive compensation, and the fee arrangement reached with counsel. We provide a written cost estimate at the end of every initial consultation.
What Changes on July 1, 2026: The New $150,000 Threshold
CS/HB 1337 (Chapter 2026-57, Laws of Florida) doubles the summary administration eligibility limit from $75,000 to $150,000 in nonexempt assets, effective July 1, 2026. Estates that were just over the old cap can now use the faster, less expensive track. Homestead property still does not count toward the limit. See our Florida summary administration guide for eligibility details, or our full explainer on Florida’s new $150,000 summary administration threshold (CS/HB 1337).
Our Fees at Bucelo Diaz Law: What Is Included
| Service | Our Fee | What It Covers |
|---|---|---|
| Summary administration | $4,500 flat fee | All attorney fees, petition through final order. No hourly billing. |
| Formal administration | Starts at $8,500+ | All attorney fees; final quote depends on estate size and complexity. |
| Court filing fees (~$235–$435) and publication ($150–$300) | Billed at cost | Paid to the clerk and publisher; itemized, no markup. |
For comparison: the presumptively reasonable fee schedule in F.S. §733.6171 allows 3% of a $500,000 estate, which is $15,000 in attorney fees alone. A flat fee removes that uncertainty. Quote confirmed in writing at your free consultation.
Florida Probate Cost by County
While the bulk of Florida probate costs (statutory attorney’s fees, personal representative compensation) are uniform statewide, court filing fees, publication costs, and processing times vary by county. Bucelo Diaz Law maintains a complete Florida Probate by County directory with local procedural details for all 67 Florida counties.
| County | Judicial Circuit | Local Probate Guide |
|---|---|---|
| Miami-Dade | 11th | Miami-Dade probate guide |
| Broward | 17th | Broward probate guide |
| Palm Beach | 15th | Palm Beach probate guide |
| Hillsborough | 13th | Hillsborough probate guide |
| Orange | 9th | Orange probate guide |
| Pinellas | 6th | Pinellas probate guide |
| Duval | 4th | Duval probate guide |
| Lee | 20th | Lee probate guide |
| Brevard | 18th | Brevard probate guide |
| Pasco | 6th | Pasco probate guide |
| Polk | 10th | Polk probate guide |
| Volusia | 7th | Volusia probate guide |
| Sarasota | 12th | Sarasota probate guide |
| Marion | 5th | Marion probate guide |
| Collier | 20th | Collier probate guide |
A few notable county-level differences:
- Miami-Dade County: Higher publication costs due to Daily Business Review and other major-circulation newspapers; busy probate division with longer hearing wait times.
- Broward County: Similar publication economics to Miami-Dade; the 17th Judicial Circuit has dedicated probate divisions in Fort Lauderdale.
- Palm Beach County: Mid-range publication costs; faster average disposition than Miami-Dade.
- Collier County (Naples): Generally lower publication costs; smaller volume means hearings can sometimes be scheduled more quickly.
- Marion County (Ocala): Lower local publication costs; The Villages and Marion County both use the Ocala Star-Banner for probate notice.
- Orange County (Orlando): Mid-range; very high-volume probate division.
For a county-specific estimate, locate your Florida county in the probate-by-county directory or contact our office for a quote.
Who Pays the Cost of Florida Probate?
Florida probate costs are paid from the estate itself, not out of the personal representative’s pocket and not directly out of the beneficiaries’ inheritance. All filing fees, attorney’s fees, personal representative compensation, and incidental costs are administrative expenses, paid before final distribution.
That said, since the costs are paid from the estate, they ultimately reduce what beneficiaries receive. A $200,000 estate that incurs $13,000 in probate costs distributes $187,000 to the beneficiaries. This is why proactive estate planning, designed to minimize or avoid probate, is one of the highest-value investments a Florida family can make.
How to Reduce or Avoid Florida Probate Costs
Several Florida-specific planning tools can reduce probate costs or avoid probate entirely:
Revocable Living Trust
A properly funded revocable living trust avoids probate for any assets titled in the trust’s name. The cost of setting up a revocable trust is typically a small fraction of what probate would have cost the same family later. For larger estates, the savings can be significant.
Lady Bird (Enhanced Life Estate) Deed
Florida is one of a handful of states that recognizes the Lady Bird deed, which allows real property to transfer automatically to named beneficiaries at death without probate, while preserving full control during life and homestead protection. Before signing anything, review the drafting and recording requirements in our Florida lady bird deed form guide.
Transfer-on-Death and Payable-on-Death Designations
Bank accounts, brokerage accounts, retirement accounts, and even Florida vehicles can be titled with TOD or POD designations that transfer automatically at death, bypassing probate.
Joint Ownership with Right of Survivorship
Property held in joint tenancy with right of survivorship or as tenancy by the entireties (between spouses) passes to the surviving owner without probate.
Beneficiary Designations on Insurance and Retirement Accounts
Life insurance proceeds and retirement accounts (IRA, 401(k)) with named beneficiaries pass directly to those beneficiaries without probate. Reviewing and updating beneficiary designations is one of the simplest, lowest-cost forms of probate avoidance.
Homestead and Florida’s Constitutional Protections
Florida’s homestead protections under Article X, Section 4 of the Florida Constitution protect a Florida homestead from forced sale and impose specific descent rules. Properly titled homestead property may pass outside formal probate in certain circumstances.
Frequently Asked Questions about Florida Probate Cost
How much does probate cost in Florida on average?
Most Florida formal-administration probate cases cost between 3% and 7% of the gross estate value, with summary administration cases ranging from $2,500 to $5,000 total. At Bucelo Diaz Law, summary administration is a $4,500 flat fee for attorney services. Larger estates pay a smaller percentage but a larger dollar amount in absolute terms.
Are Florida attorney’s fees for probate fixed by law?
Florida Statute 733.6171 sets a presumed reasonable attorney’s fee schedule based on estate value. The schedule is a presumption, not a mandate, and personal representatives may negotiate alternative fee arrangements with their attorney. Courts can also award higher fees for extraordinary services.
Can I do Florida probate without a lawyer?
Florida law requires representation by a Florida-licensed attorney for formal administration in all circumstances except when the personal representative is the sole beneficiary, or in summary administration where the petitioner is the surviving spouse or all beneficiaries (per Florida Probate Rule 5.030). Even when not required, working with a Florida probate attorney typically prevents costly errors.
How long does Florida probate take?
Summary administration usually closes in 3 to 6 months. Formal administration generally takes 6 to 12 months for routine estates, longer for complex matters. See our companion guide on how long Florida probate takes.
Are probate costs paid from the estate or by the family?
Florida probate costs are paid from the estate itself as administrative expenses, before final distribution to beneficiaries. The personal representative does not pay these costs personally.
Does the estate value used to calculate attorney’s fees include the homestead?
Generally no. Florida homestead property that passes by Florida’s constitutional descent rules is not part of the probate estate for purposes of calculating statutory attorney’s fees under Florida Statute 733.6171.
Is probate required if there is a will?
Yes. A will does not avoid probate; it directs how assets in probate will be distributed. For a scenario-by-scenario breakdown, see when probate is required in Florida. To avoid probate entirely, assets must be held in a revocable living trust, by joint ownership with right of survivorship, or by valid TOD/POD designation. See what happens if you die without a will in Florida for related context. For a visual breakdown of who inherits under Florida law, see our Florida intestate succession chart.
How can I get an exact probate cost estimate for my Florida county?
Contact Bucelo Diaz Law at 954.399.1910 or schedule a free 30-minute Zoom consultation. We provide written estimates that account for estate value, county filing fees, and any anticipated complications.
Related Reading
- How Long Does Probate Take in Florida?
- 7 Questions to Ask Before Hiring a Probate Attorney
- What Does a Florida Probate Lawyer Do?
- What Happens If You Die Without a Will in Florida?
- Florida Lady Bird Deeds Explained
- Florida Probate by County (All 67 Counties)
Get a Florida Probate Cost Estimate
Every Florida estate is different, and the actual cost depends on the assets, the county, the type of administration, and any complications that arise. The team at Bucelo Diaz Law, PLLC, a Florida estate planning and probate firm with offices in Weston, Ocala, and Naples, can walk you through the numbers in a free 30-minute consultation, in English or Spanish.
Schedule a Phone Call | Schedule a Zoom Consultation | Call 954.399.1910
About the Author
Alexis Bucelo Diaz, Esq., LL.M. is the founding attorney of Bucelo Diaz Law, PLLC. She holds a Master of Laws (LL.M.) in Estate Planning from the University of Miami School of Law and has more than 15 years of focused experience in Florida estate planning, probate, and trust administration. Florida Bar #86918. Selected to Super Lawyers Rising Stars in 2025.
