Florida Probate Timeline and Costs: A Complete 2026 Guide

If you have just lost a loved one and been named to handle their estate, two questions come first: how long will this take, and what will it cost? This guide answers both in plain English, walking through the Florida probate timeline stage by stage, the statutory attorney fees, and what real estates tend to cost from start to finish. Working with an experienced Florida probate attorney can shorten that timeline and prevent the costly missteps that delay an estate.

Key Takeaways

• Uncontested formal probate in Florida usually takes six to twelve months; the mandatory three-month creditor period sets the floor.
• Summary administration, for estates under $75,000 or where the person died more than two years ago, can finish in four to eight weeks.
• Statutory attorney fees under Fla. Stat. § 733.6171 start at $1,500 and are presumed reasonable, not mandatory — they are negotiable.
• All-in probate cost (attorney + personal representative commission + court + publication) commonly runs 3% to 7% of the estate, paid from estate assets.

How Long Does Probate Take in Florida?

Most people are surprised that the biggest driver of the timeline is not paperwork — it is the creditor claim period. Once the Notice to Creditors is published, Florida law gives creditors three months to file claims, and that clock cannot be shortened. Everything else flows around it. For a clean, uncontested formal administration, expect six to twelve months. The stages below show the typical sequence.

What can make it take longer

●       A will contest or dispute among beneficiaries

●       Selling estate real estate or handling out-of-state (ancillary) property

●       Complicated creditor claims, tax issues, or a hard-to-locate heir

●       An estate large enough to require a federal estate tax return

What makes it faster

Estates that qualify for summary administration in Florida skip the personal representative appointment and the formal creditor process entirely, which is why they can close in four to eight weeks. An estate qualifies if the probate assets are worth $75,000 or less, or if the decedent has been deceased for more than two years, and confirming eligibility early can save both months and thousands of dollars.

How Much Does Probate Cost in Florida?

Florida probate cost is not a single number. It is the sum of four pieces: the attorney fee, the personal representative's commission, court filing fees, and publication costs. The attorney fee and the PR commission are each governed by their own Florida statute. We'll take them one at a time, then show the combined total.

Statutory Attorney Fees (Fla. Stat. § 733.6171)

Florida sets a presumed reasonable attorney fee for ordinary services in a formal administration, scaled to the estate's compensable value. The key word is presumed: the statute expressly says the fee is not mandatory and is subject to negotiation, and many uncontested estates are handled on a flat fee below these figures.

Personal Representative Commission (Fla. Stat. § 733.617)

The personal representative is separately entitled to a commission — a presumed 3% of the first $1 million of the estate, with lower percentages above that. This is in addition to the attorney fee. In practice, when the PR is also a family member and beneficiary, they very often waive the commission, since taking a taxable fee out of an estate you are inheriting rarely makes sense.

Court Costs and Publication

Court filing fees run roughly $400 for a formal administration and $235 to $345 for a summary administration, depending on the county and estate value. Publishing the Notice to Creditors in a local newspaper typically adds $100 to $250. These are small relative to the fee items but are real out-of-pocket costs, and the personal representative is reimbursed for them from the estate as a priority.

What Probate Actually Costs, Start to Finish

Putting it together, here is what a few representative estates tend to cost all-in, using the statutory schedules. Treat these as estimates for budgeting, not quotes.

*Statutory presumed figures, shown for illustration. Family PRs often waive the commission, and many uncontested estates are handled on a flat fee below the statutory schedule, so real totals are frequently lower.

Who Pays for Probate?

The estate pays, not the family personally. Attorney fees, the PR commission, court costs, and publication are all paid from estate assets before anything is distributed to beneficiaries. A personal representative who advances filing costs out of pocket is reimbursed from the estate as a priority claim. In other words, probate cost reduces what beneficiaries ultimately receive, but it does not come out of their own savings.

How to Reduce Probate Time and Cost

The most effective way to cut probate cost is to plan ahead so that fewer assets pass through probate in the first place. The less an estate has to be administered through the court, the less it pays in statutory fees and the faster it reaches the family.

A revocable living trust moves most assets outside the court process entirely, so they transfer to your family privately and without the delay of a formal administration.

For a home, a Florida Lady Bird Deed transfers the property automatically at death while letting the owner keep full control during life, keeping the single largest asset in most estates out of probate.

Deciding which of these tools fits your situation is the core of building an estate plan, and it is far cheaper to set up in advance than to administer an estate that could have avoided court altogether.

Frequently Asked Questions

Q. How long does probate take in Florida?

A. Uncontested formal administration usually takes six to twelve months, with the mandatory three-month creditor period setting the practical minimum. Summary administration can often be completed in four to eight weeks.

Q. How much does a probate lawyer cost in Florida?

A. Attorney fees are governed by Fla. Stat. § 733.6171, which sets a presumed reasonable fee starting at $1,500 for small estates and adding 3% on value above $100,000. The fee is not mandatory and is negotiable, and many uncontested estates are handled on a flat fee below the schedule.

Q. Do all estates go through probate in Florida?

A. No. Assets with named beneficiaries, jointly titled property, and assets held in a living trust generally pass outside probate. Probate is needed for assets the decedent owned in their sole name with no beneficiary designation.

Q. What is the difference between formal and summary administration?

A. Formal administration is the full court-supervised process with an appointed personal representative and a creditor period. Summary administration is a simplified process for estates under $75,000 or where the decedent died more than two years ago, and does not require appointing a personal representative.

Q. Who pays for probate, the family or the estate?

A. The estate pays. Attorney fees, the PR commission, court costs, and publication are paid from estate assets before distribution to beneficiaries. A personal representative is reimbursed for out-of-pocket costs from the estate.

Talk to a Florida Probate Attorney

Every estate is different, and the fastest way to get a clear timeline and a flat-fee quote for your situation is a short conversation. Elder Needs Law helps families across Florida move through probate efficiently and with less stress, and you can schedule a consultation to get a plan and a straight answer on cost.

This article is for general informational purposes only and reflects Fla. Stat. § 733.6171 and § 733.617 as available in 2026. It is not legal advice and does not create an attorney-client relationship. Figures are estimates; verify current statutory amounts and consult a licensed Florida attorney before acting.