OUR PROBATE RATES – HOW MUCH DOES IT COST TO PROBATE AN ESTATE IN FLORIDA?

Our Probate Rates – How much does it cost to probate an estate in Florida?

Keep in mind there are differences between fees and costs.  Let’s first go over the attorney’s fees for a Florida probate.  You will see that our firm is happy to offer reasonable rates, and you don’t have to make an appointment to find out what we typically charge.

For summary administration in which the decedent passed away over two years ago, there are no special or extraordinary issues, and all interested parties are in agreement, our attorney’s fee is a flat fee of $1000.00 plus costs (costs are not included).

For summary administration in which the decedent passed away less than two years ago, there are no special or extraordinary  issues, and all interested parties are in agreement, our attorney’s fee is a flat fee of $1,500.00 plus costs (costs are not included).

 

For Formal Administration, Florida Statutes sets out what is deemed to be a reasonable fee if there are no extraordinary circumstances, but we can usually beat it.  Here is what the statutes say:

“(1) Attorneys for personal representatives shall be entitled to reasonable compensation payable from the estate assets without court order.
(2) The attorney, the personal representative, and persons bearing the impact of the compensation may agree to compensation determined in a different manner than provided in this section. Compensation may also be determined in a different manner than provided in this section if the manner is disclosed to the parties bearing the impact of the compensation and if no objection is made as provided for in the Florida Probate Rules.
(3) Compensation for ordinary services of attorneys in formal estate administration is presumed to be reasonable if based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during the administration as provided in the following schedule:
(a) One thousand five hundred dollars for estates having a value of $40,000 or less.
(b) An additional $750 for estates having a value of more than $40,000 and not exceeding $70,000.
(c) An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000.
(d) For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000.
(e) At the rate of 2.5 percent for all above $1 million and not exceeding $3 million.
(f) At the rate of 2 percent for all above $3 million and not exceeding $5 million.
(g) At the rate of 1.5 percent for all above $5 million and not exceeding $10 million.
(h) At the rate of 1 percent for all above $10 million.”

From Florida Statutes section 733.6171

However, Wilkerson Law Firm, P.A. routinely offers fees lower than the statutory reasonable fee.  If there are no extraordinary circumstances in the case, we may be able to offer you a flat rate attorney’s fee of $1,750 down and $1,000 before the case closes, for a total of $2,750 (not including costs).  This is usually possible with cases with no special circumstances and with an assets value equal to or less than $750,000.

For estates over $750,000 and less than 1.5 million in value, the fee is $2,500 down and $2,500 before the case closes for a total flat fee of $5,000. For estates valued between 1.5 million and 3 million, the fee is $2,500 down and $7,500 before the estate closes for a total flat fee of $10,000. These rates do not apply to cases wherein the estate includes extraordinary circumstances, litigation, spousal elective share issues, tax deferred acccount issues, selling a business, etc. Any estate over 3 million in value would need to be discussed before a fee estimate can be provided.

We want you to be pleasantly surprised by our tremendous service and not surprised by any tremendous bills!

Costs – costs are the expenses of the case that must be paid out to move the case forward.  While, the attorney usually collects the costs, the attorney does not keep costs money.  Rather, it goes directly to the source of the cost. In a typical probate proceeding, costs would include items such as the court’s filing fee (usually about $350 to $432), certified postage (usually depends on the number of creditors and beneficiaries that will need notices), and the costs charged by the newspaper to publish the legal notice to creditors (usually around $100 – $150), etc.   There can be more costs in a contentious case.  There can also be costs related to appraisals and formal accountings if that is necessary.  Sometimes it depends on the size of the estate and the issues and people involved.

IF YOU ARE READY TO TAKE THE FIRST STEP TOWARD GETTING THE PROBATE PROCESS STARTED and COMPLETED, CALL (813) 295-5849 or set up a free telephonic consulation at a time convenient for you by booking online here.

For Wilkerson Law Firm’s site concerning flat fee probates, including frequently asked probate questions, you can access it here.