The Short Answer

In Florida probate, attorney fees are typically either (1) hourly (often with paralegal time billed at a lower rate), or (2) a negotiated flat fee that may track Florida’s “presumed reasonable” statutory fee schedule for ordinary services in a formal administration. The billing process usually involves a written fee agreement, periodic invoices, and payment from estate assets—subject to court review if an interested person objects or if required by statute.

What Florida Law Says

Florida does not impose a single mandatory probate attorney fee. Instead, the law focuses on reasonable compensation and allows a commonly used schedule that is presumed reasonable for “ordinary services” in a formal administration, with additional compensation possible for “extraordinary services” (for example, litigation, tax issues, real estate transactions, or contested beneficiary matters).

The Statute

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

This statute establishes that attorneys for the personal representative are entitled to reasonable compensation payable from estate assets, and it provides a presumed reasonable fee schedule for ordinary services in formal administration—while also requiring specific written disclosures if the attorney intends to charge based on that schedule.

Florida law also allows the court to review the reasonableness of compensation paid to people employed by the personal representative (including professionals), and to order refunds if compensation is excessive. See Fla. Stat. § 733.6175.

If you want a deeper cost breakdown, you may also find helpful: What Probate Attorney Fees and Costs Should I Expect in Florida? and How Much Does Probate Cost in Florida, and What Factors Affect the Total Cost?.

Why You Should Speak with an Attorney

Even though Florida provides a framework for “reasonable” fees, what is typical (and what is defensible) depends heavily on the type of administration, the asset mix, creditor issues, family conflict, and whether the work is “ordinary” or “extraordinary.” Legal outcomes often depend on:

• Fee classification (ordinary vs. extraordinary): Disputes often arise over whether tasks like real estate sales, tax work, or contested hearings justify additional compensation beyond ordinary administration under Fla. Stat. § 733.6171.
• Court review and objections: If an interested person challenges fees, the personal representative and the professional may have to justify the employment and amounts—and the court can order refunds. See Fla. Stat. § 733.6175.
• Required disclosures and enforceability: If the attorney intends to use the statutory schedule, Florida requires written disclosures and acknowledgment; missing this can create payment and approval problems. See Fla. Stat. § 733.6171(2).

Because probate fees are paid from estate assets and can directly affect inheritances, the “billing process” is not just a private matter—it can become a contested court issue. Having counsel helps you set expectations early, document the work properly, and avoid fee disputes that delay closing the estate.

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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.