What a Contested Estate Actually Costs in Fort Lauderdale (It’s More Than You Think)

Regular probate already comes with fees most people don’t expect. Once a dispute gets added on top, like a challenge to the will or accusations that a personal representative isn’t doing their job, the price tag can climb a lot further and a lot faster than families anticipate.

If you’re heading into a contested estate matter, it helps to know roughly what you’re looking at before the bills start arriving.

Personal Representative and Attorney Compensation

Florida sets out fee schedules that courts treat as presumptively reasonable for both the personal representative and the probate attorney, and litigation tends to push both well past the baseline numbers. Under Florida Statute 733.617, a personal representative’s ordinary compensation runs 3 percent on the first $1 million of the estate’s value, with lower percentages on amounts above that. Florida Statute 733.6171 sets a similar structure for attorney compensation. Those figures cover ordinary administration. Contested proceedings, depositions, and trial preparation are considered extraordinary services, billed separately, and this is usually where costs start to add up.

Court Costs and Expert Witnesses

Filing fees, service of process, and certified copies are relatively small individually but stack up over a drawn-out case. The bigger expense in a contested matter is usually expert testimony. Disputes over mental capacity or undue influence often require medical experts, forensic accountants, or handwriting analysts, and their fees can rival the attorney fees themselves.

Why Contested Cases Take Longer, and Cost More Because of It

An uncontested estate might close in several months. A contested one can stretch past a year once you factor in:

• Discovery, including document production and depositions.
• Pretrial motions over procedural or evidentiary issues.
• Scheduling delays tied to court availability.
• The possibility of an appeal if either side disagrees with the outcome.

Every extra month means more billable time, more property carrying costs, and more opportunity for the estate’s value to be eaten into before anyone receives a distribution.

Get a Clear Picture Before You Commit to Litigation

Nobody wants to spend more of an estate on legal fees than necessary, but sometimes litigation is the only way to protect what a loved one actually intended. Before you decide how to move forward, it’s worth sitting down with someone who can walk through the likely costs and timeline for your specific situation. Edward J. Jennings, P.A. represents Fort Lauderdale probate litigation clients throughout Broward County, and our Fort Lauderdale probate litigation attorneys can help you weigh your options with a realistic sense of what’s ahead. Call our office today to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2024/733.6171