How Much Does Probate Cost in Florida?

One of the many tasks that must be accomplished following a loved one’s death is probate administration. Probate is a legal process that must proceed through the circuit court when your loved one passes away. Unfortunately, there can be many fees associated with completing this process. If you are responsible for administering your loved one’s estate, you may be wondering, “How much does probate cost in Florida?”

The Financial Cost of Probate in Florida

There are many costs associated with probate in Florida. The total cost to settle your loved one’s estate in probate will depend on factors like the complexity and value of the estate.

One financial portion of finalizing probate is court costs and administrative expenses:

• Filing fees. Filing fees vary depending on the type of probate and the value of the estate.
• Document preparation. When submitting documents, there are recording fees and fees for certified copies. These costs are charged per page or per document.
• Required publications. Creditors are required to be notified that an estate is open and in probate. This can cost up to a few hundred dollars, depending on the number and type of legal notices required.
• Personal representative fees. The appointed personal representative is entitled to a reasonable fee for the work they put into settling the estate.
• Additional expenses. Potential expenses that could arise include genealogical research, mail courier services, asset search fees, and property appraisals. Though not required in every case, these expenses can quickly add up to a great sum.

Attorney Fees for Probate

A second common expense for settling probate cases is attorney fees. Probate cases can be complex, and seeking the support of a trustworthy probate attorney is often recommended. The total cost of an attorney depends on several factors, including the estate’s value and the attorney’s fee structure. Some attorneys charge an hourly rate, while others charge a flat fee for services. Florida Statute 733.6171 specifies a reasonable fee structure for attorneys based on estate value:

• $40,000 or less: $1,500
• Between $40,000 and $70,000: $2,250
• Between $70,000 and $100,000: $3,000
• Between $100,000 and $1 million: 3% of the estate’s value
• Between $1 million and $3 million: 2.5% of the estate’s value
• Between $3 million and $5 million: 2% of the estate’s value
• Between $5 million and $10 million: 1.5% of the estate’s value
• Excess of $10 million: 1% of the estate’s value

Attorneys are not required to follow this fee structure, and an attorney’s fee is not always based on the value of the estate.

Other Probate Costs

Though the financial cost of probate is significant, it is far from the only cost that comes with seeing an estate through probate. Other costs include:

• Your time. Time is a precious commodity, especially following a loved one’s death. Though probate must occur, so must other things, like informing others of their passing, planning your loved one’s funeral, working, and caring for children. Anything that requires your time and attention during this period will reduce the time you have to spend completing these tasks.Probate law can be complex. If you choose to handle probate yourself, you will need to spend time learning and applying the law to your circumstances, filling out and filing paperwork, and responding to inquiries from the probate court.
• Emotional toll. You have recently lost a loved one and are dealing with the grief that follows. Healing can feel impossible if you are focusing on probate processes instead of reaching out to your support systems. The beautiful landscapes in the area, like the Gulf Islands National Seashore, Kissimmee Prairie Preserve State Park, and the Florida Keys, can help you feel peace, but only if you have the time to get there.If you are focused on probate instead of finding methods that will help you heal, there could be serious emotional consequences.
• Family rifts. If you are solely responsible for your loved one’s estate, other family members may disagree with the choices you are making. This can result in family disputes that impact the bonds you should be leaning on to recover from the loss of your loved one.

Probate is complex, and the effects can be far-reaching. Working with an experienced family law attorney can eliminate some of these concerns, allowing you to focus your energy where you need it to be.

FAQs

Q: What Is Exempt From Probate in Florida?

A: There are several types of assets and property exempt from probate in Florida. Property exempt from probate includes property held in joint tenancy, assets with a designated beneficiary, and assets held in a living trust. This is important because many costs associated with probate depend on the value of the estate. Therefore, reducing the value of the estate that must go through probate can reduce the cost.

Q: Do I Need a Lawyer for Florida Probate?

A: Depending on the type of probate, you may need to retain an attorney. Even if you can manage your loved one’s estate in probate and resolve the case yourself, it will often carry significant requirements. Allowing a knowledgeable family law attorney to take over the case can reduce your time commitment and eliminate the stress you may be experiencing.

Q: How Long Does It Take to Resolve Probate?

A: It will take at least three months to resolve probate, but it can take several months to even years if the case is contested or if other complications arise. More than 50% of the filings in Florida circuit courts were probate filings, so the court systems can move slowly, especially if mistakes are made and multiple hearings are required.

Q: What Happens to an Estate if a Will Is Contested?

A: There are several things that can happen to an estate if a will is contested, but one major consequence is a reduction in the value of the estate. Though only 3% of wills in the US are contested, it is still a very costly process. The cost of defending the will is typically paid from the estate, which drastically increases the total cost of probate.

Probate With a Team Who Cares

If you are navigating probate following the death of a loved one, the Law Office of Douglas A. Oberdorfer, P.A., can help. Reach out to our office today to see how our experienced team can support you through this process.