Attorney fees: Florida’s “presumed reasonable” schedule
Fla. Stat. § 733.6171 sets a fee schedule that is presumed reasonable for ordinary formal administration. It is based on the value of the estate (what’s in probate, not the person’s whole net worth):
| Estate value | Fee presumed reasonable |
|---|---|
| $40,000 or less | $1,500 |
| $40,000 – $70,000 | $2,250 |
| $70,000 – $100,000 | $3,000 |
| $100,000 – $1 million | $3,000 plus 3% of the value above $100,000 |
| $1 million – $3 million | 2.5% of the value in this range |
| $3 million – $5 million | 2% |
| $5 million – $10 million | 1.5% |
| Above $10 million | 1% |
So a $300,000 house, by itself, implies a presumed-reasonable attorney fee of $3,000 + 3% × $200,000 = $9,000. Attorneys may also charge extra for “extraordinary services” — a will contest, selling real estate, tax work. The statute requires the attorney to give you a written disclosure that the schedule is not mandatory and that you can negotiate; many attorneys do charge a flat fee instead, especially for simpler estates, and summary administrations are commonly quoted as a flat fee in the low thousands.
The schedule is a presumption, not a price list. What matters is that something in the thousands of dollars is due, and it is due up front — most attorneys want a retainer before they file.
Court and other costs
- Clerk filing fees are capped by § 28.2401: about $400 for formal or ancillary administration, about $345 for summary administration of an estate worth $1,000 or more, and about $235 for a small summary administration, depending on the county, plus small per-document charges for certified copies and Letters.
- Publication of the notice to creditors in a local newspaper — typically a couple hundred dollars, depending on the paper.
- Certified death certificates, recording fees for the final deed, and, if the heirs can’t all sign in person, mobile notary fees.
- Personal representative’s fee. The personal representative is entitled to a fee under § 733.617 (3% of the first $1 million of the estate), but a family member serving can — and usually does — waive it.
- Carrying the house while the estate is open: property taxes, insurance (which often lapses or is cancelled after a death), utilities, lawn and pool service, and any mortgage. For a Florida house this is commonly several hundred to a few thousand dollars a month, and it is the cost families underestimate.
Short version: if you want the house sold, we pay for the probate and get the attorney working within 24 hours — call or text (727) 353-6206, or use the form.
Who pays?
The estate — meaning, in practice, whoever has cash. Costs of administration come first in the order of payment (§ 733.707), ahead of every creditor and ahead of the heirs. If the estate has a bank account, the attorney gets paid from it. If the only asset is the house, an heir has to advance the money and wait until the house sells to get it back. That is exactly where many estates stall: the children can’t agree on who should pay the retainer, so no one does, and the house sits.
How heirs who sell to us pay nothing
When 131 Cash Home Buyers agrees to buy an inherited house, we pay the probate attorney’s fees, the court filing fees, and the publication costs directly, in almost every case. We do not deduct them from your proceeds later, and we don’t charge fees or commissions of our own. The attorney represents the estate — its personal representative, usually one of the family — and the family can call them with questions. If the estate turns out to be contested and the cost is litigation rather than probate, we tell you up front rather than quietly walking away.
We also pay normal closing costs (title search, owner’s title insurance, settlement fee, recording). The estate pays off anything that is actually owed against the house — mortgage, back taxes, liens — from the purchase price at closing, as it would in any sale.
A worked example
Say your mother’s house in Pinellas County is worth about $280,000 as it sits, there is no will, and you have two siblings. Under the statutory schedule the attorney fee presumed reasonable is roughly $8,400; add filing, publication, certified copies and notaries and the estate is looking at $9,000–$10,000 before anyone is paid — plus a year of taxes and insurance while it’s on the market. If you sell to us, the $9,000–$10,000 is ours, the carrying costs stop the day we close, and the number we put in your offer is the number the three of you split.
Questions people ask
How much does a probate lawyer cost in Florida?
Florida’s statutory schedule (§ 733.6171) presumes $1,500 for estates up to $40,000, $3,000 at $100,000, and 3% of the value between $100,000 and $1 million — about $9,000 for a $300,000 estate. Many attorneys charge flat fees instead, and summary administrations are often a few thousand dollars.
Can probate costs be paid from the sale of the house?
Yes — the attorney can usually be paid at closing from the sale proceeds if they agree to wait. Most want a retainer up front. When we buy the house, we pay the costs ourselves the day the agreement is signed, so no heir has to front anything.
Is there a filing fee for probate in Florida?
Yes. Clerk of court fees are set by § 28.2401: about $400 for formal administration and about $345 for summary administration of an estate worth $1,000 or more (a few dollars more or less by county), plus small charges for certified copies.