How Much Does Probate Cost in Florida?

Families settling an estate in Tampa often ask the same question first: how much does probate cost in Florida? The honest answer depends on the size of the estate and how smoothly the case moves through court. Florida law sets a statutory fee schedule for attorney fees, but that schedule is only part of the bill. Filing fees, publication costs, and a bond premium can all add up.

This guide breaks down what Hillsborough County families actually pay for probate, using the real statutory fee tiers and typical out-of-pocket costs. At Tarro Law Associates, we walk clients through these numbers before a case ever begins.

What Determines the Cost of Probate in Florida

Three factors drive most probate costs in Florida. The size of the estate matters most. The type of administration matters next. Whether anyone contests the estate matters too.

Estate Value Sets the Statutory Fee

Florida law ties attorney fees directly to the value of the probate estate. A larger estate means a larger statutory fee. A smaller estate, or one that qualifies for summary administration, generally costs much less.

Florida's Statutory Attorney Fee Schedule

Fla. Stat. § 733.6171 sets a fee schedule that courts presume reasonable for formal administration. The schedule works in tiers based on the estate's value:

• $1,500 for estates valued at $40,000 or less.

• $2,250 for estates between $40,001 and $70,000.

• $3,000 for estates between $70,001 and $100,000.

• $3,000 plus 3% of the value over $100,000, for estates up to $1,000,000.

• $30,000 plus 2.5% of the value over $1,000,000, for estates up to $3,000,000.

• $80,000 plus 2% of the value over $3,000,000, for estates up to $5,000,000.

What "Presumed Reasonable" Actually Means

This fee schedule is not mandatory. It is a starting point that Florida courts treat as reasonable. Families and attorneys can agree to a flat fee or hourly rate instead, and many Tampa firms do exactly that for simpler estates.

A $300,000 estate moving through formal administration might see roughly $9,000 in attorney fees under the statutory schedule. That figure often surprises families expecting a flat, one-size-fits-all price. Read our complete guide to Florida probate to learn more about how probate costs are calculated.

Court Filing Fees and Other Out-of-Pocket Costs

Attorney fees are usually the largest line item, but they are not the only cost. Every Florida probate case carries a handful of smaller, unavoidable expenses:

• Court filing fee, typically around $399 for formal administration.

• Filing fee for summary administration, typically around $344.

• Publication of the Notice to Creditors, generally $100 to $250.

• Certified copies of court orders, usually $7 to $10 each.

• Certified mail to known creditors, roughly $7 per notice.

• Recording fees for deeds or other documents, $10 or more per page.

Notice to Creditors and Publication Costs

Florida law requires the personal representative to publish a Notice to Creditors in a local newspaper. This step gives creditors a window to file claims. It also starts the clock on how long those claims stay valid.

Bond Premiums for the Personal Representative

Some Hillsborough County courts require the personal representative to post a bond. A bond premium typically runs half a percent to one percent of the bonded amount each year. A will can often waive this requirement in advance.

Real Cost Examples: What Different Estate Sizes Actually Pay

Numbers are easier to picture with real examples. Here is what the statutory fee schedule produces for a few common estate sizes in the Tampa area.

A $50,000 Estate

This estate falls in the $40,001 to $70,000 tier. The statutory attorney fee would be $2,250. Add filing fees and publication costs, and total costs often land near $2,700.

A $150,000 Estate

This estate falls above $100,000. The fee works out to $3,000 plus 3% of the amount over $100,000. That comes to $4,500 in statutory attorney fees before other costs.

A $500,000 Estate

The same formula applies. $3,000 plus 3% of $400,000 comes to $15,000 in statutory attorney fees. A personal representative fee, filing costs, and publication costs typically add several thousand dollars more. For a closer look at what assets go through probate in Florida, read our guide on the assets that may be subject to probat

These figures assume a routine, uncontested case. A will contest, a tax dispute, or a difficult asset sale can push real costs higher through extraordinary fees.

Formal Administration vs. Summary Administration Costs

Not every Florida estate needs full formal administration. Smaller estates often qualify for a faster, cheaper process called summary administration.

When Summary Administration Saves Money

Summary administration is generally available when the estate is worth $75,000 or less, or when the decedent has been deceased for more than two years. Attorney fees for summary administration often run $1,500 to $2,000, well below formal administration costs.

Common Misconceptions About Florida Probate Costs

A few myths about probate costs come up again and again with Tampa families:

• "The 3% fee always applies." The percentage only applies to the portion of an estate's value above $100,000. Smaller estates pay flat statutory amounts instead.

• "The personal representative fee and the attorney fee are the same bill." Florida law allows a separate, similarly calculated fee for the personal representative on top of attorney fees.

• "You can skip the bond by asking the judge." A bond requirement usually depends on the will's language and the estate's circumstances, not a simple request in court.

• "Probate costs come out of my own pocket." Attorney fees, court costs, and other expenses are normally paid from estate assets before beneficiaries receive their share.

• "A cheap flat fee always beats the statutory schedule." For a small, simple estate a flat fee can cost more than the statutory minimum, so it pays to compare both.

Who Actually Pays the Probate Costs

Families are often relieved to learn that probate costs rarely come out of a beneficiary's own bank account.

Costs Come Out of the Estate, Not Your Pocket

Attorney fees, filing fees, publication costs, and bond premiums are normally paid directly from the estate's assets. Beneficiaries receive their inheritance after these costs are settled, not before.

How Costs Affect What Beneficiaries Actually Receive

Every dollar spent on probate costs is a dollar that does not pass to heirs. For a $300,000 estate, roughly $18,000 to $19,000 in combined fees and costs can mean a meaningful reduction in what each beneficiary ultimately receives. This is one reason many families ask about ways to avoid probate in Florida before a death occurs, through tools like a funded revocable trust.

How to Lower Probate Costs in a Florida Estate

A few practical steps can keep Hillsborough County probate costs down. Organized records help the most. A will that waives bond helps too. So does choosing a probate attorney who offers a clear fee structure up front.

Extraordinary Services That Add to the Bill

Litigation, will contests, tax disputes, and the sale of real estate can trigger extraordinary fees on top of the statutory schedule. These services are billed separately because they require work well beyond routine estate administration.

A contested will, for example, often means depositions, discovery, and possibly a trial. Selling a Tampa-area home through the estate can add appraisal costs, closing costs, and extra court filings. Ask your attorney up front which services fall outside the base statutory fee.

How a Tampa Probate Attorney Can Help Manage Costs

A probate attorney does more than file paperwork. The right attorney can help a Hillsborough County family avoid costly missteps from the very first filing. Learn how our Florida estate planning attorneys can help with planning ahead and protecting your family’s interests.

Choosing Between a Flat Fee and the Statutory Schedule

Some Tampa probate attorneys offer a flat fee for simple, uncontested estates. Others bill under the statutory schedule. An experienced attorney can tell you upfront which option likely costs less for your specific estate.

Avoiding Delay-Driven Costs

Delays in a probate case can quietly raise costs. Missed deadlines, incomplete inventories, and slow communication with creditors can all add extra court appearances and extra billable time. A responsive attorney keeps a case moving and keeps costs predictable.

Get a Clear Picture of Your Florida Probate Costs

Probate costs in Florida depend on real numbers, not guesswork. Estate value, the type of administration, and any disputes all shape the final bill. Tarro Law Associates helps Tampa Bay families understand these costs before a case begins, not after.

We explain the statutory fee schedule, flag likely out-of-pocket expenses, and look for ways to keep a case efficient from day one. Whether you are opening a new probate case or comparing options for a loved one's estate, our team can walk you through the numbers in plain language. Call today or request your free case review online.

Frequently Asked Questions: Probate Costs in Florida

1. Is the Florida statutory attorney fee schedule mandatory?

No. Fla. Stat. § 733.6171 sets a fee that courts presume reasonable, not a fixed requirement. Families and attorneys can agree to a flat fee or hourly rate that differs from the statutory schedule.

2. How much does summary administration cost in Florida?

Summary administration is generally cheaper than formal administration. Attorney fees often range from $1,500 to $2,000, plus a smaller filing fee, for qualifying small estates.

3. Do beneficiaries pay probate costs directly?

Usually not. Attorney fees, court costs, and other administration expenses are typically paid from the estate's assets first. Beneficiaries then receive whatever remains under the will or Florida's intestacy law.