Updated September 7, 2026. Quick answer: Florida lets the clerk charge up to $395.00 statewide for formal administration, the proceeding that actually issues letters testamentary or letters of administration, plus a $4 service charge.
If a trust could save your estate this fee in Florida
A living trust avoids probate entirely in Florida, which means the estate skips the $395.00 above along with every other cost the court charges once a case is open. LawDepot builds a state-specific one.
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What Florida charges to open probate
Florida’s ceiling for this fee is flat: the clerk may charge up to $395.00 whether the estate is worth $40,000 or $4,000,000.
| Formal administration (issues letters), maximum the clerk may charge | Up to $395.00 |
| Opening an estate without letters (narrower filing) | $230.00 |
| Total for the standard route to letters, maximum before the $4 service charge | Up to $395.00 |
Where this money goes and who sets it
The authority for this figure is Fla. Stat. § 28.2401(1). In the source’s own words: “the clerk may impose service charges or filing fees for the following services or filings, not to exceed the following amounts: … Fee for formal administration, guardianship, ancillary, curatorship, or conservatorship proceedings ………. $395”
What this fee doesn’t cover
Because Florida’s ceiling for this fee is flat, the most the clerk may charge doesn’t rise as the estate grows, but it also doesn’t shrink for a small, simple estate the way a percentage-based state’s fee would. Either way, this is the court’s own charge just to open the file and issue letters, separate from what an attorney charges to actually handle the estate and separate from any state estate or inheritance tax the estate itself might owe.
Sources
Source: Fla. Stat. § 28.2401(1).
Considering a trust instead? How much a living trust costs in Florida compares attorney and DIY pricing against what probate itself would cost here.