Florida Probate Cost 2026: Fees, Filing Fee, and the Small-Estate Route

Updated August 19, 2026. Quick answer: Florida puts probate fees on a statutory percentage schedule, so the largest single cost is anchored to published numbers rather than to an hourly rate: the schedules are presumptive rather than mandatory and must be disclosed as negotiable — the attorney’s fee is presumed reasonable at $1,500 for estates up to $40,000, rising to 3% of the next $900,000 (Fla. Stat. §733.6171), and the personal representative takes 3% of the first $1M (§733.617). The second number is the small-estate threshold, at or under which an estate skips most of probate: $150,000 as of July 1, 2026, by summary administration. Whether any of that reaches a solely owned house is answered below — it is where most published guidance goes wrong.

What probate costs in Florida

Florida probate fees in real dollars

Because Florida publishes an actual schedule, the fee can be computed rather than estimated. Applying Fla. Stat. §733.6171 (attorney) to the estate value:

PRESUMPTIVE, not mandatory — presumed reasonable and must be disclosed to the client as negotiable. The PR schedule (§733.617) is separate: 3% of the first $1M, 2.5% of the next $4M, 2% of the next $5M, 1.5% above $10M.

Run any figure, and compare against a second state, with the probate cost calculator.

What is the small estate limit in Florida?

Summary administration: $150,000 as of July 1, 2026 (Fla. Stat. §735.201, amended by CS/HB 1337, Ch. 2026-57, signed April 29, 2026; was $75,000), or death more than 2 years ago regardless of value; exempt homestead not counted. Disposition without administration (§735.304): raised $10,000 → $20,000 of exempt personal property by the same act.

The small-estate route here does NOT clear real estate on its own. If the person who died owned a house in their sole name, that transfer needs a separate procedure or full probate, whatever the dollar limit says. This is the single most common mistake made about small-estate affidavits, and most cost guides omit it entirely.

Full thresholds for every state: small-estate limits by state.

If the estate is still being planned rather than settled, the usual way to keep a house out of probate entirely is a living trust, which carries its own upfront cost: whether a living trust is worth it in Florida.

Does a house have to go through probate in Florida?

Usually yes, if the house was solely owned. Because Florida’s small-estate route does not clear a solely owned house, an estate that looks small on paper can still face full administration — and the fee is usually calculated on the gross value of that house, not the equity in it. That is the single most common and most costly surprise in this area, and it is fixable in advance rather than after. A fiduciary advisor can price the exposure alongside the rest of the estate picture. talk to someone about the whole estate picture. You can also run the numbers yourself first with the probate cost calculator — no email required.

How Florida compares to the other 50

Florida’s small-estate threshold of $150,000 ranks 4 of 49 jurisdictions with a stated figure, and sits well above the national median of $75,000. The range runs from $15,000 at the bottom to $400,000 at the top, so where an estate falls relative to the line matters far more than any national “average probate cost” figure. On fee model, Florida is one of 7 of 51 jurisdictions using the statutory-percentage approach.

Death taxes in Florida, separately

Florida levies neither an estate tax nor an inheritance tax, which is true of 34 jurisdictions. That is a different question from probate cost and is decided by different statutes, but families routinely conflate the two.

What this does not include

The figures above are the probate cost — the court and compensation side of settling an estate. They are separate from any state estate tax or inheritance tax, which are taxes on the transfer itself and are owed whether or not the estate goes through probate. Appraisal, bond premium, publication, and real-estate commissions if property is sold are additional and are not set by the fee statute.

Before you hire anyone

• Ask which statute the fee is charged under, and get the citation. In Florida the governing provisions are below.
• Ask whether the quoted fee is calculated on gross value or net of debts. Gross-value states charge on the full house value even if a mortgage covers most of it.
• Ask whether the personal representative is also claiming compensation, and on what basis.
• Ask in writing whether the estate qualifies for the small-estate route, and if a solely owned house is involved, whether that route reaches it.

Primary sources

• Fla. Stat. §733.6171
• Fla. Stat. §733.617
• Fla. Stat. §735.201 (as amended by Ch. 2026-57)
• Fla. Stat. §28.2401

Florida in the rest of the picture

Probate cost is one of four things Florida decides for a retiree and their heirs. The other three — income tax on withdrawals, estate tax, and inheritance tax — are priced separately:

• Every tax Florida charges a retiree: Florida retirement taxes
• What arriving here is worth: retiring to Florida
• Corridor comparison: California To Florida
• Corridor comparison: Colorado To Florida
• Corridor comparison: Connecticut To Florida
• Corridor comparison: Illinois To Florida

Compare and calculate

Probate cost by state compares all 51 jurisdictions side by side. The probate cost calculator prices a specific estate. If a move is on the table, retirement tax relocation prices probate alongside the three other taxes that change with residency.

Cite or share this guide: “Florida Probate Cost (2026),” statute-cited; clearmoneyguide.com/florida-probate-cost/. Free to cite with attribution.