Florida Probate Attorney Fee Calculator
A Step-by-Step Fee Estimator
Step 1: Enter Estate Value
Enter the total value of assets subject to probate.
Step 2: Extraordinary Services (Optional)
Add fees for services like will contests or tax disputes.
Your Estimated Fee Breakdown
Total Estimated Attorney's Fee
$0.00
Disclaimer: This is an *estimate* of "presumed reasonable" fees under Florida Statute § 733.6171. Actual fees may vary. This is for informational purposes and is not legal advice. Consult a qualified Florida probate attorney for your situation.
Understanding the Florida Probate Process
1. What is Probate and Why is it Necessary?
Probate is the formal legal process that gives a Personal Representative (also known as an executor) the authority to manage a deceased person's estate. This court-supervised procedure is necessary to validate the will, pay off outstanding debts and taxes, and legally transfer assets to the designated beneficiaries, ensuring a clear chain of title and preventing future disputes.
2. How Attorney's Fees are Calculated in Florida
Florida law provides a statutory fee schedule that is "presumed reasonable" for standard probate services. This calculator uses that schedule, which is based on the "compensable value of the estate." This value includes most probate assets plus any income the estate generates during administration. It's a tiered system, meaning different percentages are applied to different portions of the estate's value.
3. The Full Picture: Attorney's Fees vs. Total Estate Costs
It's crucial to understand that attorney's fees are only one component of the total cost of probate. Other expenses often include court filing fees, the Personal Representative's fee (which can be waived), accounting fees, and costs for appraising property. Our calculator estimates the attorney fee portion only.
4. Navigating the Probate Timeline
In Florida, a formal probate administration without major complications typically takes between 6 to 12 months to complete. This timeline allows for a creditor period (usually 90 days), the filing of tax returns, and the resolution of any minor issues. Estates with complex assets, litigation, or creditor disputes can take substantially longer.
5. Proactive Planning: How to Avoid Probate
Many people choose to avoid probate through careful estate planning. Strategies include creating a Revocable Living Trust, holding property as "Joint Tenants with Rights of Survivorship," and using beneficiary designations on accounts like life insurance, IRAs, and 401(k)s. These methods allow assets to pass directly to heirs without court intervention, saving time and money.
6. Frequently Asked Questions
These are services that fall outside of the standard administrative tasks of probate. Common examples include defending the estate in a lawsuit (a "will contest"), handling complex tax audits, managing the decedent's business, or dealing with ancillary probate in another state. Attorneys bill for these services separately, typically on an hourly basis.
The Personal Representative is the person or institution appointed by the court to be in charge of the estate. They are a fiduciary with the legal responsibility to gather assets, pay debts, and distribute property according to the will or state law. The estate's attorney represents and advises the Personal Representative in fulfilling these duties.
In Florida, you are almost always required to have an attorney for a Formal Administration, which is the most common type of probate. The only major exception is if the Personal Representative is the sole interested person in the estate. Due to the legal complexities and potential for personal liability, hiring a qualified probate attorney is highly recommended even when not strictly required.
