Probate costs can be broken down into two categories: A) Attorneys’ Fees, and B) Expenses.
A) Attorneys' Fees
A Florida probate attorney is entitled to reasonably compensation payable from the estate assets. Generally, attorneys have one of the following three payment structures:
1. Hourly – Attorneys will time themselves and will only charge you for the amount of time they spend working with you. Probate attorneys’ rates vary depending on location and experience generally fall between $250 and $450 per hour Here, you will only pay for the time you need. It is common practice that attorneys with higher hourly rates coordinate work to attorneys with a lower hourly rate in an attempt to keep costs down.
2. Flat Fee – Attorneys may be willing to charge a flat fee depending on the circumstances of the case. Here, the attorney and you will be taking a risk in determining the amount of the services provided.
3. Percentage – Florida law provides that compensation for ordinary services in a formal probate administration is presumed reasonable if it is based on the value of the estate in accordance with the chart below. See Section 733.6171, Florida Statutes.
Value of Estate | Attorney Compensation |
$40,000 or less | $1,500 |
$40,000 to $70,000 | $2,250 |
$70,000 to $100,000 | $3,000 |
$100,000 to $1 million | 3% of the Value of the Estate |
$1 million to $3 million | $30,000 + 2.5% of the Value of the Estate over $1,000,000 |
$3 million to $5 million | $80,000 + 2% of the Value of the Estate over $3 million |
Here, attorneys’ fees are not tied to the difficulty of the probate administration so this payment structure may not be beneficial to you in all circumstances.
B) Expenses
Additional costs and expenses will vary by case and could include:
- Filing Fees (approx. $200 to $500)
- Publication of Notice to Creditors ($75 to $300)
- Recording Documents and Orders (approx. $10 per page)
- Obtaining Certified Orders or Documents (approx. $2 per page)
- Mailings
- Accountant fees
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Provurb is not a law firm and we do not provide legal advice. Information contained in this blog is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult with a probate attorney.