One of the first questions families ask when starting probate is: “How much does a probate lawyer cost in Miami?”
The answer depends on the size of the estate, whether the case is contested, and the fee structure your lawyer uses. Florida has clear laws on probate attorney compensation, but fees can still vary widely.
In this article, we’ll explain how probate lawyer fees work in Florida, including hourly rates, flat fees, and percentage-based fees, so you know exactly what to expect. Check it out our full guide.
How Probate Lawyer Fees Are Determined in Florida
Under Florida Statute §733.6171, probate lawyers are entitled to “reasonable compensation.” In practice, this means they may charge based on:
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A percentage of the estate.
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An hourly rate.
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A flat fee for simpler cases.
Importantly, these fees are generally paid from the estate itself, not out of the executor’s pocket.
Percentage of the Estate (Statutory Fee Schedule)
Florida law provides a guideline for what’s considered “reasonable”:
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3% of the first $1 million of estate assets.
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2.5% of the next $4 million.
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2% of the next $5 million.
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1.5% of the next $15 million.
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1% of anything over $25 million.
Example:
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Estate valued at $750,000 → Probate lawyer fees = ~$22,500.
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Estate valued at $2.5 million → Probate lawyer fees = ~$65,000.
Hourly Rates
Some Miami probate lawyers bill by the hour, especially for contested or unusual cases.
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Rates often range from $250–$500/hour.
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Total costs depend on the number of hours required.
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This option is common in will contests or cases with extensive litigation.
Flat Fees
For smaller, straightforward cases—especially summary administration—lawyers often charge a flat fee.
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Usually between $2,500–$6,000 depending on complexity.
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Provides cost certainty for families.
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Covers document preparation, filings, and court appearances.
Additional Probate Costs in Miami
Beyond attorney fees, expect these expenses:
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Court filing fees → $400–$500.
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Publication fees for creditor notices → ~$150.
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Appraisal costs for real estate, jewelry, or businesses.
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Accounting/tax prep fees if required.
Who Pays Probate Lawyer Fees?
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Fees come out of the estate itself before heirs receive distributions.
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This means the personal representative is not personally responsible.
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In contested cases, the court may order one side to pay additional costs.
How to Keep Probate Lawyer Fees Manageable
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Choose the right lawyer → Experienced attorneys resolve cases faster, saving money in the long run.
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Get fee agreements in writing → Ensure transparency about billing.
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Avoid disputes when possible → Family litigation can triple probate costs.
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Plan ahead → Setting up trusts and Lady Bird deeds reduces the need for lengthy probate.
Local Insight: Probate Fees in Miami
Because Miami estates often involve high-value real estate, international heirs, and businesses, probate lawyer fees are sometimes higher than in smaller Florida counties. However, skilled lawyers can save estates significant money by:
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Disputing invalid creditor claims.
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Streamlining asset transfers.
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Preventing litigation.
Conclusion
Probate lawyer fees in Miami depend on the estate size and complexity:
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Flat fee: $2,500–$6,000 (summary administration).
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Hourly: $250–$500/hour (contested cases).
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Percentage: 3% of first $1M, with reduced rates for larger estates.
While probate may seem expensive, a skilled lawyer often saves families far more than they cost by avoiding delays, disputes, and mistakes.
If you need clear answers on probate lawyer fees in Miami, contact us today for a free consultation. We’ll explain your options upfront and help you protect your family’s inheritance.
