Florida Probate Attorney Fees
Fla. Stat. § 733.6171
Florida law sets out a schedule of attorney fees for formal probate administration that is presumed reasonable. The fee is calculated on the compensable value of the estate, not on hours billed, so the cost of a straightforward administration can be estimated before the work begins.
What it is
Attorney fees in a Florida formal administration are governed by Fla. Stat. § 733.6171. Rather than leaving the fee open to argument after the fact, the Legislature published a schedule: a fee computed on that schedule is presumed to be reasonable for ordinary services. It is a presumption, not a cap and not a floor — the personal representative and the attorney may agree to something different, and any interested person may ask the court to review the fee under § 733.6175.
The fee is calculated on the compensable value of the estate, which the statute defines as the inventory value of the probate assets plus the income they earn during administration. That is a narrower figure than the family's sense of "the estate." Assets that pass outside probate — a home held as protected homestead, jointly titled property with survivorship rights, accounts with a named beneficiary or payable-on-death designation, life insurance, and most retirement accounts — are generally not probate assets and so do not enter the calculation. Two families with identical net worth can therefore face very different probate fees.
Because the schedule keys off value rather than hours, an ordinary administration is quotable up front. That is the practical reason the statute exists: it lets a personal representative know, at the first meeting, roughly what the estate will pay for the ordinary work of getting the estate opened, the creditors handled, and the assets distributed.
The statutory fee schedule
Fla. Stat. § 733.6171(3) computes the ordinary attorney fee in bands, the way income tax brackets work — each band applies only to the value that falls inside it, and the amounts stack:
| Compensable value of the estate | Presumed reasonable fee |
|---|---|
| Up to $40,000 | $1,500 |
| $40,000 – $70,000 | add $750 |
| $70,000 – $100,000 | add $750 |
| $100,000 – $1,000,000 | add 3% of the value in this band |
| $1,000,000 – $3,000,000 | add 2.5% of the value in this band |
| $3,000,000 – $5,000,000 | add 2% of the value in this band |
| $5,000,000 – $10,000,000 | add 1.5% of the value in this band |
| Above $10,000,000 | add 1% of the value above $10,000,000 |
This schedule covers ordinary services only — the work every administration requires. Extraordinary services are compensated separately; see below. A separate schedule under Fla. Stat. § 736.1007 applies to the attorney for a trustee in initial trust administration.
What that works out to
Applying the bands above to some common estate sizes. These are the statutory figures for ordinary services — they do not include costs, extraordinary services, or personal representative compensation:
| Compensable value | Ordinary attorney fee |
|---|---|
| $100,000 | $3,000 |
| $250,000 | $7,500 |
| $500,000 | $15,000 |
| $750,000 | $22,500 |
| $1,000,000 | $30,000 |
| $2,000,000 | $55,000 |
Between $100,000 and $1 million the schedule works out to a flat 3% of the compensable value. Above $1 million the effective rate falls as the larger bands taper — a $2 million estate pays 2.75% overall, not 3%.
What the statutory fee does not cover
The schedule pays for ordinary services. Fla. Stat. § 733.6171(4) lists services that are extraordinary and compensated separately, because they are not part of every administration:
- Any contested matter — a will contest, a challenge to the appointment of the personal representative, an elective share proceeding, or a dispute among beneficiaries.
- Proceedings on a creditor's claim that the estate disputes, including independent actions under Fla. Stat. § 733.705.
- Sale, lease, mortgage, or partition of real property, and any purchase-money financing the estate takes back.
- Preparation of a federal estate tax return, and representation in any audit or tax proceeding that follows.
- Carrying on the decedent's business, or winding up a partnership or closely-held entity interest.
- Legal advice on homestead status, and proceedings to determine homestead or exempt property.
- Ancillary administration in another state, and any out-of-state proceeding the estate must appear in.
Separately from fees, an estate also pays costs — the Clerk's filing fee, the newspaper publication charge for the notice to creditors, certified copies, recording fees, and any appraiser or accountant the estate engages. Costs are a pass-through: they are what third parties charge, not compensation to the firm.
Attorney fees vs. personal representative compensation
| Aspect | Attorney for the personal representative | Personal representative |
|---|---|---|
| Governing statute | Fla. Stat. § 733.6171 | Fla. Stat. § 733.617 |
| Who is paid | The attorney for the personal representative | The personal representative, for serving as fiduciary |
| How it is set | Sliding schedule on compensable value, presumed reasonable | Its own sliding schedule on compensable value and income |
| Can it be waived | No — the estate needs counsel under Fla. Prob. R. 5.030 | Yes — a family member serving as PR often waives it |
| Paid from | Estate assets, as an administration expense | Estate assets, as an administration expense |
When fees are paid
Fees are an expense of administration, paid from estate assets — not out of the personal representative's own pocket, and not by the beneficiaries individually. In practice that means nobody writes a personal check: the fee comes off the top of the estate before the remainder is distributed.
Timing varies with the estate's liquidity. Where the estate holds cash or marketable securities, fees are typically paid in stages as the administration reaches milestones. Where the estate's value is tied up in real property, payment usually waits on a sale or on the beneficiaries funding the expense, and the engagement letter should say which.
Fla. Stat. § 733.6171(2) requires that the personal representative and the attorney agree on compensation in writing, and that the agreement be disclosed. Interested persons receive notice of the fee arrangement and may petition the court under § 733.6175 if they believe it is unreasonable.
- The estate pays — not the personal representative personally, and not the beneficiaries individually.
- The fee agreement is in writing and disclosed to interested persons.
- Costs (filing, publication, recording, appraisals) are billed as incurred and are separate from the fee.
- Any interested person may ask the court to review the reasonableness of the fee.
How our firm quotes probate work
We quote from the statutory schedule at the first consultation, once we know which assets are actually probate assets — that figure, not the family's net worth, drives the fee. If the administration is likely to need extraordinary services, we say so at the outset rather than raising it later. The fee agreement is in writing, as § 733.6171(2) requires, and it states plainly what is ordinary, what would be extraordinary, and which costs the estate should expect. If probate turns out not to be necessary at all, we will tell you that too — see alternatives to probate.
Frequently Asked Questions
Is the statutory fee a cap on what a probate attorney can charge?
No. Fla. Stat. § 733.6171 creates a presumption of reasonableness, not a ceiling or a floor. The personal representative and the attorney may agree to a different arrangement, and the statute expressly contemplates that. What the schedule does is set the benchmark a court measures against if the fee is later challenged under § 733.6175.
Is the fee based on everything the decedent owned?
No — it is based on the compensable value of the estate: the inventory value of the probate assets plus the income they earn during administration. Assets that pass outside probate are excluded. Protected homestead, jointly held property with survivorship rights, payable-on-death and beneficiary-designated accounts, life insurance, and most retirement accounts generally do not count toward the calculation.
Who actually pays the attorney fee?
The estate. Attorney fees are an expense of administration, paid from estate assets before the remainder is distributed. The personal representative does not pay them personally, and beneficiaries are not billed individually — the fee reduces what is ultimately distributed.
What makes a service extraordinary rather than ordinary?
Anything outside the work every administration requires — a contested matter, a disputed creditor claim, selling estate real property, a federal estate tax return, running the decedent's business, or an ancillary proceeding in another state. Fla. Stat. § 733.6171(4) lists them. Extraordinary services are compensated in addition to the schedule, and a well-drafted fee agreement identifies them before they arise.
Are court costs included in the attorney fee?
No. Costs are separate and are a pass-through of what third parties charge — the Clerk's filing fee, newspaper publication for the notice to creditors, certified copies, recording fees, and any appraiser or accountant the estate engages. In Orange County, filing fees track the statewide schedule under Fla. Stat. § 28.241; confirm the current amount with the Clerk of Court.
Does the personal representative get paid too?
They may. Personal representative compensation is a separate entitlement under Fla. Stat. § 733.617, with its own sliding schedule, and it is paid from the estate in addition to the attorney fee. A family member serving as personal representative frequently waives it — that is a personal decision, and worth discussing early, because it affects what beneficiaries ultimately receive.
Can the fee be challenged?
Yes. Any interested person may petition the court under Fla. Stat. § 733.6175 to review the reasonableness of attorney fees, and the court may increase or decrease them. This is one reason the statute requires the compensation agreement to be in writing and disclosed — everyone entitled to notice can see the arrangement while the administration is still open.
The information on this page is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Florida law changes. Consult a licensed Florida attorney for guidance specific to your matter.
Know the fee before the work starts
Bring what you have — a will, a deed, recent statements — and we will tell you which assets are probate assets and what the statutory fee comes to. Call (407) 843-0430 or schedule a consultation with our Orlando probate attorneys.
Or text PROBATE to (407) 906-9507 for a faster response.
Yergey & Yergey, P.A. | 910 N. Fern Creek Avenue, Orlando, FL 32803
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