Florida Probate Costs, Fees & Summary Administration
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Formal administration filing fee
- ≈$400statutory cap $395 + ~$4 service charge (Fla. Stat. § 28.2401)
- Summary administration
- ≈$340 filing feeestates ≤ $75,000 or death > 2 years ago
- Small-estate threshold
- $75,000net of exempt property (Fla. Stat. § 735.201)
- Where filed
- Circuit Court (probate division)
Florida sets probate clerk fees by statute: about $400 for formal administration, about $340 for summary administration of estates of $1,000 or more, and about $230 for the smallest filings — nearly identical in every county because the maximums are statutory (Fla. Stat. § 28.2401).
Florida's main shortcut is summary administration, available when the estate subject to administration is worth $75,000 or less (net of exempt property) or the decedent has been dead more than two years. There's also disposition without administration for tiny estates consisting only of exempt personal property and final-expense reimbursements. Formal administration generally requires an attorney, and personal representative fees follow a statutory presumed-reasonable percentage schedule (3% on the first $1 million).
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Formal administration filing | ≈$400 | Official fee |
| Summary administration (≥$1,000) | ≈$340 | Official fee |
| Summary <$1,000 / disposition without administration | ≈$230 | Official fee |
| Publication of notice to creditors | $100–$300 | Estimate |
| Attorney — formal administrationstatutory presumed-reasonable attorney fees also exist (§ 733.6171) | $3,000–$8,000+ (routine estates) | Estimate |
Clerk fees are statutory maximums applied uniformly; attorney figures are market estimates.
Requirements
| Requirement | Rule |
|---|---|
| Summary administration | Estate ≤ $75,000 net of exempt property, or death > 2 years ago (§ 735.201) |
| Disposition without administration | Only exempt personal property + funeral/medical reimbursement (§ 735.301) |
| Attorney requirement | Formal administration: personal representative must generally be represented |
| PR compensation | Presumed reasonable: 3% on first $1M, sliding down (§ 733.617) |
The process, step by step
- Choose the procedure. ≤$75,000 (or death >2 years ago) → summary administration. Exempt-property-only estates → disposition without administration. Otherwise → formal administration.
- File the petition. With the clerk of the circuit court in the decedent's county; pay the statutory fee.
- Letters and notice (formal). The court appoints the personal representative; notice to creditors is published — claims run 3 months.
- Administer. Inventory, pay claims, file tax returns as needed.
- Close. Final accounting and petition for discharge; summary administrations skip straight to an order of distribution.
Forms & where to file
Clerk of the Circuit Court, probate division, in the county where the decedent resided.
Frequently asked questions
How much are Florida probate filing fees?
By statute: roughly $400 for formal administration, $340 for summary administration of estates over $1,000, and $230 for the smallest filings — essentially the same in every county.
What qualifies for summary administration?
Estates worth $75,000 or less (net of exempt property like the homestead in many cases), or any estate where the decedent died more than two years ago — the claims bar has run by then.
Do I need a lawyer for Florida probate?
For formal administration, yes in nearly all cases — Florida rules require the personal representative to be represented unless they are the sole interested person (or are themselves a lawyer). Summary administration is more DIY-friendly.
What does the personal representative get paid?
A statutory presumed-reasonable fee: 3% of the first $1 million of estate value, sliding down for larger estates (§ 733.617).
Related information
Sources & verification
- Fla. Stat. § 28.2401 — probate clerk fees
- Fla. Stat. § 735.201 — summary administration threshold
- Florida Courts — probate help
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.