Charles L. Hoffman, Jr., Esq. • 850-434-2411 • Toll Free 800-450-6479 • Email Me

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PROBATE FEES AND COSTS

Attorney Fees

Section 733.6171, Florida Statutes (2009), provides that compensation for services for an attorney in a formal probate administration are presumed to be reasonable based upon percentage calculations set forth in said section.

These attorney fees may be agreed to in a different manner, however, by an agreement between the attorney, the personal representative, and the persons bearing the impact of the compensation. In many cases, the statutory presumption results in a fee far higher than the regular rate for attorneys’ fees or paralegal fees that may be required to conclude a probate matter. Assuming the probate is uncontested, our attorney fees are charged on a flat fee or an hourly rate that is consistently lower than the statutory rate.

Court Costs based on Florida's Base Fees as of June 1, 2009 (current as of January, 2011) are as follows:

Opening of Estate $231.00
Caveat/Notice of Trust $ 41.00
Admit Foreign Wills $231.00
Disposition of Personal Property without Administration $231.00
Summary Administration less than $1,000 $235.00
Summary Administration $1,000 or more $345.00
Formal Administration $400.00
Trust Proceedings $400.00

Costs or Court Fees can vary from county to county so please confirm all above listed amount on the Clerk of Court Fee Schedule for your county. A list of the Clerk of Courts can be found at http://dlis.dos.state.fl.us/fgils/coclerks.html

Typical Expenses of Administration

(Some of these expenses vary greatly depending on the county in which the estate is filed.)

  • Publication of Notice to Creditors
  • Recording Fee for Affidavit Re Estate Tax and Deeds
  • Certified Mail for Notice of Administration, Notice to Creditors, etc.
  • Certified Copies
  • Accountant Fees
  • Appraisal Fees

All references to sections of the Florida Probate Code and the Florida Probate Rules are to the 2009 statutes and rules, and all statutes and rules are subject to amendment from time to time.

Charles L. Hoffman, Jr., Esq. | Shell, Fleming, Davis & Menge, P.A.
Street Addres: 226 Palafox Place | Ninth Floor, Seville Tower | Pensacola, FL 32502
Mailing Address: Post Office Box 1831 | Pensacola, FL 32591-1831
Toll Free: (800) 450-6479 | Phone: (850) 434-2411 ext. 103 | Fax: (850) 435-1074
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