Florida Probate Guide

Florida Probate: What It Costs and How to Avoid It

Florida probate is a public, court-supervised process that costs 3–5% of your gross estate and takes 6–18 months. Here is exactly what it costs — and the three proven ways to avoid it entirely.

By Arthur Simpson, Esq. Florida Estate Planning Attorney Last Updated: May 2025

Every day in Florida, families discover that their loved one left a will — and then learn the hard way that a will does not avoid probate. It goes through probate. The result: months of court proceedings, thousands of dollars in mandatory fees, and the private details of the estate becoming a public court record.

Understanding Florida probate — what it is, what it costs, how long it takes, and how to avoid it — is the foundation of any good Florida estate plan.

3–5%of gross estate in statutory fees
6–18months average duration
Publicrecord — anyone can access
$0probate cost with a funded trust

What Is Florida Probate?

Florida probate is the legal process by which a court supervises the distribution of a deceased person's estate. It involves validating the will, appointing a personal representative (executor), notifying creditors, paying debts and taxes, and ultimately transferring assets to beneficiaries. It is governed by the Florida Probate Code, F.S. Chapters 731–735.

Florida has two types of probate administration:

Exactly How Much Does Florida Probate Cost?

Florida attorney fees in probate are set by statute under F.S. § 733.6171. Unlike most states, Florida's probate fees are based on the gross estate — meaning your home's full value, not its equity. If you own a $400,000 home with a $300,000 mortgage, probate fees are calculated on $400,000.

Estate ValueStatutory Attorney FeePR Fee (Est.)Court & OtherTotal Estimated Cost
$200,000$5,500$5,500$600~$11,600
$400,000$10,500$10,500$800~$21,800
$600,000$15,500$15,500$1,000~$32,000
$1,000,000$24,000$24,000$1,500~$49,500
$2,000,000$34,000$34,000$2,000~$70,000

Source: F.S. § 733.6171 (attorney fees) and F.S. § 733.617 (personal representative compensation). Personal representative fees are identical to attorney fees unless waived. Additional fees may apply for extraordinary services.

⚠ The Gross Estate Trap Florida probate fees are calculated on the gross value of your assets, not your equity. If you own a $500,000 home with a $350,000 mortgage, probate fees are based on $500,000 — not the $150,000 you actually own. This surprises many Florida families.

What Goes Through Probate — and What Does Not

Assets That Go Through Probate

Assets That Bypass Probate

Three Ways to Avoid Florida Probate

  1. Revocable Living Trust
    The most comprehensive probate avoidance strategy. A properly funded trust holds your assets during your lifetime and distributes them at death without court involvement. Assets pass privately, quickly, and without the statutory fee schedule. A trust also avoids ancillary probate if you own property in multiple states. This is the gold standard for Florida estate planning. Governed by F.S. Chapter 736.
  2. Beneficiary Designations & Right of Survivorship
    Adding POD/TOD designations to bank and investment accounts, naming beneficiaries on life insurance and retirement accounts, and titling real property with right of survivorship (or as tenancy by the entireties for married couples) keeps those specific assets out of probate. This is a simple, low-cost strategy but requires careful coordination to avoid gaps.
  3. Lady Bird Deed (Enhanced Life Estate Deed)
    A Lady Bird deed transfers Florida real property to named remaindermen at death without probate, while the grantor retains the right to sell, mortgage, or change the deed during lifetime without the remainderman's consent. It is Medicaid-compliant, preserves the homestead exemption, and avoids documentary stamp tax at the grantee's death. An excellent option for Florida homeowners who want to avoid probate on their residence without creating a full trust.
Florida Does Not Have a Transfer-on-Death Deed Unlike many states, Florida has not adopted the Uniform Real Property Transfer on Death Act. The only way to transfer real property at death without probate in Florida is through a trust, joint title with right of survivorship, or a Lady Bird (enhanced life estate) deed.

Florida Homestead and Probate

Florida's homestead law adds another layer of complexity. Under Art. X, § 4 of the Florida Constitution and F.S. § 732.4015, homestead property cannot be devised (given by will) away from a surviving spouse. If you have a surviving spouse and leave your homestead to anyone else, the devise is void. If you have a surviving spouse and minor children, even more complex restrictions apply.

These restrictions can invalidate provisions in a will that seems perfectly reasonable — and they apply regardless of whether you intended to comply. A properly drafted trust avoids these complications by holding the homestead and providing clear instructions that comply with Florida law.

Frequently Asked Questions

How much does Florida probate cost?
Florida probate attorney fees are set by statute under F.S. § 733.6171 based on the gross estate value. The statutory rate starts at 3% for the first $1 million. For a $500,000 estate, attorney fees alone typically reach $12,500–$17,500. Add personal representative fees (equal to attorney fees unless waived) and court costs, and total probate expenses often reach 4–6% of the gross estate — before any extraordinary service charges.
How long does Florida probate take?
Florida formal administration typically takes 6 to 18 months. The mandatory creditor notice period is 3 months from first publication (F.S. § 733.702). Complex estates involving real property sales, creditor disputes, or tax issues can take 2 or more years. Summary administration for smaller estates is significantly faster — often 2 to 4 months.
Does a will avoid probate in Florida?
No. A will does not avoid probate — it goes through probate. A will is a set of instructions to the probate court. The court must validate the will, appoint a personal representative, and supervise the distribution process. Only assets held in a trust, titled with right of survivorship, or designated to a named beneficiary avoid probate.
What assets go through probate in Florida?
Assets that go through Florida probate are those titled solely in the decedent's name without a beneficiary designation or right of survivorship — typically individually titled real property, bank accounts without POD designations, and investment accounts without TOD designations. Life insurance with a named beneficiary, retirement accounts with beneficiary designations, and assets in a funded trust all bypass probate.
Does a revocable trust avoid probate in Florida?
Yes — provided the trust is properly funded. A funded revocable living trust avoids Florida probate entirely. "Funded" means your assets have been transferred into the trust: real property must be deeded into the trust, and bank and investment accounts must be retitled in the trust's name. An unfunded trust is just a document — it does not avoid probate on assets still in your individual name.
Is Florida probate public record?
Yes. Florida probate proceedings are public court records. The will, inventory of assets, creditor claims, and final accounting are all accessible by anyone. A revocable living trust is entirely private — no court filing is required and beneficiaries are not disclosed publicly.

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This article is for general informational purposes only and does not constitute legal advice. Florida probate law is complex and fact-specific. Contact Cornerstone Wealth & Legacy Law for advice regarding your specific estate. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.