A Detailed Breakdown of Presumptively Reasonable Fees by Estate Size
Most families walk into probate with zero understanding of how attorney fees actually work — and Florida’s statutory fee structure catches them off guard. They expect a flat rate. They get a percentage. They expect “simple paperwork.” They get a system where the value of the estate dictates the baseline fees, even when the work looks identical.
If you don’t understand Florida’s statutory compensation model, you can’t evaluate whether fees are fair, inflated, or negotiable. Worse, you risk being taken advantage of or blindsided by numbers that could have been anticipated from day one.
This is the blunt, practical breakdown you need.
The Core Rule: Florida Uses a Statutory Presumption, Not a Mandate
Florida law (F.S. 733.6171) provides a “presumptively reasonable” fee schedule for probate attorneys.
It’s not mandatory — but it sets the default starting point.
If the personal representative or beneficiaries don’t object, these fees stand.
And yes, they almost always end up close to the statute unless you negotiate upfront.
What Counts as the “Value of the Estate”?
The statutory fee is based on the inventory value of probate assets plus income earned during administration.
It includes:
- Bank accounts
- Investment accounts
- Vehicles
- Personal property
- Non-homestead real estate
- Sale proceeds
It does not include:
- Homestead property (in most cases)
- Life insurance payable to individuals
- Joint assets with survivorship
- Retirement accounts with beneficiaries
Many families miscalculate the fee because they assume the total estate value is used. It isn’t — only probate assets count.
Florida’s Statutory Fee Schedule: The Hard Numbers
Here’s the exact presumptive structure:
$3,000 – for estates valued up to $40,000
$3,000 fee + 3% – for estates between $40,000 and $70,000
$3,900 fee + 3% – for estates between $70,000 and $100,000
$3,900 fee + 2.5% – for estates between $100,000 and $1,000,000
2% – for the portion exceeding $1 million up to $3 million
1.5% – for the portion exceeding $3 million up to $5 million
1% – for the portion exceeding $5 million to $10 million
0.5% – for anything above $10 million
This is where families get their first shock.
Many assume probate for a $600,000 estate should cost a few thousand dollars.
Under the statute, it lands at roughly $18,900 — and that’s before extraordinary services.
Examples That Show How Quickly Fees Add Up
Example 1: A $250,000 estate
- First $100,000 = $3,900 + 2.5% = $3,900 + $2,500
- Next $150,000 at 2.5% = $3,750
Total = $10,150
Example 2: A $900,000 estate
- $3,900 (first $100,000)
- 2.5% of $800,000 = $20,000
Total = $23,900
Example 3: A $2.5 million estate
- Fees on first $1M ≈ $28,900
- Next $1.5M at 2% = $30,000
Total = $58,900
Families often think they’re getting gouged — but in reality, these numbers reflect the statutory presumption.
If you want something lower, you need to negotiate.
What “Extraordinary Services” Can Add to Your Bill
The statute allows additional fees for anything deemed “extraordinary,” including:
- Real estate sales
- Will contests
- Missing heirs
- Kinship hearings
- Tax complications
- Business interests
- Asset recovery
- Foreign beneficiaries
- Guardianship overlap
- Litigation support
Many estates fall into at least one of these categories. That’s how a $20,000 fee becomes $40,000 — easily.
When You Should Reject the Statutory Fee
The statutory schedule is not always appropriate. Reject it when:
- The estate is small but complex
- Most work is administrative, not legal
- There’s minimal attorney involvement
- There’s substantial non-probate property
- The attorney delegates everything to a paralegal but charges full-rates
- The estate has few moving parts
- A real-time hourly model would be cheaper
You are legally allowed to negotiate an hourly, flat, hybrid, or modified percentage arrangement.
Most families don’t realize this.
When the Statutory Fee Is Worth It
It makes sense when:
- There are multiple beneficiaries
- The estate owns multiple properties
- Litigation is possible
- Creditors are involved
- There are foreign assets or foreign heirs
- The estate is in the millions
- The personal representative needs protection
In these cases, the attorney is taking on serious liability and administrative load.
The real issue isn’t the fee — it’s whether the attorney has the horsepower to justify it.
How to Negotiate Fees Before You Sign Anything
Be direct. Ask:
- “Do you follow the statutory fee schedule?”
- “Can you quote flat fees for uncontested tasks?”
- “What extraordinary services do you anticipate?”
- “Can you cap the total fee for the estate?”
- “How much of this work will be handled by non-attorney staff?”
- “What’s included in your base fee? What’s extra?”
Attorneys respect educated clients.
Blind trust is what leads to ugly surprises.
Red Flags That You’re Being Overcharged
- A simple estate is quoted statutory fees with no justification
- Attorney insists the statutory fee is “mandatory”
- No written estimate
- No breakdown between ordinary/extraordinary services
- Paralegals do all the work but attorney charges premium rates
- Fee increases without explanation
If these appear, you’re heading toward unnecessary cost.
Real Miami Example
A personal representative hired a firm that immediately quoted statutory fees for a $450,000 estate with:
- No real estate
- Two beneficiaries
- No disputes
- No creditors
- Simple bank accounts
The statutory fee would have been roughly $14,900.
A second attorney offered a $6,500 flat fee for the same scope.
The PR switched — saving the estate nearly $9,000.
The lesson?
Statutory fees are not mandatory. They’re negotiable.
Takeaways
- Florida uses a statutory presumption, not a rule — you can negotiate probate fees.
- Fees are based on the inventory value of probate assets, not the entire estate.
- Large estates produce large statutory fees — often shocking families who didn’t understand the math.
- Extraordinary services add additional fees, sometimes doubling the total cost.
- For routine estates, statutory fees may be overkill.
- For complex or high-value estates, the statutory structure may accurately reflect the workload and risk.
- The smartest move: match the estate’s complexity with the right attorney and the right fee model from the start.
