The Short Answer

In Florida, probate attorney fees for estate administration are not “set” by a mandatory schedule. However, Florida law provides a presumed reasonable fee schedule for ordinary services in a formal administration, based largely on the compensable value of the estate, and it also allows additional reasonable fees for extraordinary services (like litigation, tax issues, or real estate work).

What Florida Law Says

Florida’s Probate Code starts with the rule that an attorney for the personal representative is entitled to reasonable compensation from estate assets, generally without a court order. The parties can also agree to a different fee arrangement, but Florida law requires specific written disclosures if the attorney plans to use the statutory schedule.

The Statute

The primary law governing this issue is Fla. Stat. § 733.6171.

This statute establishes that probate attorney compensation must be reasonable, and that for ordinary services in a formal administration, a fee is presumed reasonable if calculated on the estate’s compensable value (inventory value of probate assets plus income earned during administration) using a sliding schedule (including set amounts for smaller estates and percentage tiers for larger estates).

It also authorizes additional reasonable fees for extraordinary services (for example, will contests, contested claims, elective share proceedings, tax audits/returns, homestead issues, or real estate transactions). See Fla. Stat. § 733.6171(4).

If you want a deeper overview of what people typically see in practice, you may also find helpful: What Probate Attorney Fees and Costs Should I Expect in Florida?.

Why You Should Speak with an Attorney

While the statute provides the general framework, applying it to your estate is rarely simple. Legal outcomes often depend on:

• Strict statutory requirements and disclosures: If an attorney intends to charge based on the statutory schedule, Florida law requires specific written disclosures and an acknowledgment signature; missing these can trigger court-approval or consent requirements before fees can be paid. See Fla. Stat. § 733.6171(2).
• Burden of proof and fee challenges: Beneficiaries (and other interested persons) can object and ask the court to increase or decrease fees depending on the circumstances, and the court weighs multiple factors (complexity, results, responsibilities, asset types, etc.). See Fla. Stat. § 733.6171(5).
• Ordinary vs. extraordinary services: A major driver of total cost is whether the matter stays “routine” or turns into extraordinary work (tax issues, homestead disputes, creditor litigation, real estate sales, etc.), which can significantly change the fee analysis. See Fla. Stat. § 733.6171(4).

Trying to “estimate” probate fees without understanding what counts in the compensable value, what work is likely to be treated as extraordinary, and how objections can affect payment can lead to disputes, delays, and avoidable court involvement.

If you’re also evaluating the personal representative’s commission (which is separate from attorney fees), Florida uses a similar compensable-value concept for the personal representative’s presumed reasonable compensation. See Fla. Stat. § 733.617. For more context, see How Do Executor (Personal Representative) Fees Work in Florida, and What Records Support a Reasonable Commission?.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.