Cost tends to be the first question when probate is on the horizon. A Florida probate fee calculator will produce a figure, but that figure rests on details a calculator has no way of knowing. This covers how the cost is put together, who pays it, and how long the process runs.
Who pays for probate?
The estate does. Attorney fees, court costs, and related expenses come out of estate assets before anything is distributed to beneficiaries. Whoever serves as personal representative is not writing checks from a personal account and waiting to be reimbursed. People are usually relieved to hear this, since agreeing to serve can feel financially risky at first.
Is there a set rate in Florida?
Florida does not apply one flat percentage. The state publishes a guideline for reasonable attorney compensation in a full probate, and that guideline is graduated. Smaller estates are handled at set dollar amounts. The portion of an estate between $100,000 and $1 million is figured at 3 percent, and the rate steps down at each tier above that, so larger estates pay a smaller share of the whole.
A published standard gives everyone a shared starting point. The personal representative knows what to expect, and beneficiaries can see that compensation follows a recognized measure. It works as a reference rather than a required rate, and whatever arrangement the parties settle on goes in writing before the work begins. Uncomplicated estates are frequently handled on a flat fee.
What is that percentage applied to?
The percentage applies to the probate estate, not to everything the person owned. A home protected as homestead is generally left out, along with anything carrying a named beneficiary, including retirement accounts and life insurance, and property held jointly. Those pass directly to the people named. An estate that looks sizable on paper can end up with a modest probate figure once all of that comes off the top.
What else is on the bill?
- A filing fee with the clerk of court, which varies by county
- Publishing a notice to creditors in a local newspaper
- Certified copies and recording fees
- An appraisal, accounting help, or a bond, if the estate calls for it
These are modest next to professional fees and come out of estate assets as well. A commission is also allowed for serving as personal representative, though relatives in that role frequently waive it.
How long does it take?
Six months to a year is typical for the full court process, longer when a house has to be sold. Some of that is a required waiting period for creditors, which cannot be shortened no matter how organized everyone is. Our overview of the probate process in Florida lays out the steps in order for anyone who wants the fuller picture.
Is there a shorter version?
Smaller estates can use summary administration, which skips much of the formal process and often finishes in weeks rather than months. As of July 1, 2026, estates holding up to $150,000 in non-exempt probate assets may qualify, double the previous limit. It applies to deaths on or after that date, which opens the shorter path to many more people.
What makes the biggest difference?
The total tracks how much has to travel through the court, so the way to reduce it is to leave less there. A funded revocable trust, current beneficiary designations, and property titled correctly can carry most of an estate around probate.
Building a plan while there is time to be deliberate has less to do with producing documents than with making sure what you own reaches the people you intend, without a long detour through the courthouse.
Key Takeaways
- Probate costs are paid from estate assets, not by the personal representative personally.
- Florida uses a graduated fee guideline rather than one flat rate, and larger estates pay a smaller share.
- Other arrangements, including flat fees, are common and are set in writing up front.
- Homestead property and assets with named beneficiaries generally sit outside the calculation.
- Full administration commonly runs six months to a year; summary administration is much faster, and estates up to $150,000 in non-exempt probate assets may now qualify.
- Keeping assets out of probate lowers the total more than anything else.
Getting a real number for your situation
A Florida probate fee calculator can point you toward a range, but what an estate costs depends on what it holds and how it is titled. E.P.P.G. Law of St. Johns works with people across St. Augustine, Palm Coast, and St. Johns County, and Heather Maltby goes through those specifics, including the fee arrangement, before anyone settles on a direction. Whether an estate is in front of you now or you are thinking about your own, the conversation starts with what you own and where you want it to go. Get a free consultation to learn more.
References: The Florida Senate, Compensation of Attorney for the Personal Representative and The Florida Senate, Enrolled CS/HB 1337 (2026 Legislature