Florida Probate Costs: What to Expect

In Florida, when someone dies, their estate often goes through probate, a court process used to settle the estate. Probate begins with appointing an Executor (Personal Representative), who is authorized to pay debts and taxes and then distribute remaining assets to beneficiaries. Many people ask about the cost of probate, but there is no single answer, as expenses vary based on the estate and circumstances.

Wondering how much you might have to pay? Here is a look at the costs in more detail.

What Probate Costs in Florida

There’s no single flat cost that applies to every case. Florida probate costs vary widely and depend on several factors like the estate’s size, complexity, whether you hire an attorney, and local court fees. Most probate fees are paid out of the estate before distributions to beneficiaries.

Probate costs commonly include:

• Court and filing fees.
• Attorney fees if you hire a probate lawyer.
• Appraisal, accounting, and survey fees.
• Executor compensation (Florida allows reasonable fees).
• Executor or probate bond costs in some counties, which are paid from the estate’s assets during administration.

Attorney fees often are the largest cost. Attorney fees in Florida can be significant because the state sets statutory fee guidelines based on the value of the probate estate. For many estates, fees range from around $1,500 up to a percentage of the estate value (often 1 to 3% for estates from roughly $100,000 to several million).

Probate in Florida can take months, typically 6 to 9 months for standard formal administration, though simpler estates or informal procedures can be quicker. Assets that avoid probate altogether (like joint tenancy or beneficiary-designated accounts) do not go through the court process.

There is an option for simplified probate. In Florida, smaller estates under about $75,000 with no complex issues or creditor claims may qualify for summary administration or a simplified process with reduced costs.

How to Cut Costs

Probate fees can often be reduced or avoided with proper estate planning. One effective strategy is creating a trust, which keeps assets out of probate, lowers costs, and preserves privacy since trusts are not public proceedings.

Payable on Death (POD) and Transfer on Death (TOD) accounts allow assets to pass directly to beneficiaries without court involvement. Life insurance policies also transfer funds directly to named beneficiaries. Regularly updating beneficiaries and naming contingent beneficiaries helps prevent delays. Jointly titling property can allow automatic transfer at death. Also, Florida offers small estate procedures, which may offer a faster, lower-cost alternative for qualifying estates.

Seek Legal Help

Probate is not an easy process. It can take a long time and come with a lot of fees and various costs.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A can assess your case and help you understand what to expect when a loved one dies and probate is necessary. Schedule a consultation by calling 954-764-4330 or filling out the online form.

Source:

trustandwill.com/learn/florida-probate-fees