Florida Probate Attorney Fees

All cases will vary, depending upon the complexity and other issues, and whether there is any objections or family issues, or any problems with the Will. However, for the non-problematic cases, many attorneys charge either a flat rate fee, will charge an hourly rate, or will charge according to the Florida Statutes. The Florida Statute 733.6171 for attorney fees states that the following fees are reasonable and may be paid by the personal representative without Court order:

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 persona bearing the impact of the compensation may agree to compensation 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:
• One thousand five hundred dollars for estates having a value of $40,000 or less
• An additional $750 for estates having a value of more than $40,000, but not exceeding $70,000.
• An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000.
• For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000.
• At the rate of 2.5 percent for all above $1 million and not exceeding $3 million.
• At the rate of 2 percent for all above $3 million and not exceeding $5 million.
• At the rate of 1.5 percent for all above $5 million and not exceeding $10 million
• At a rate of 1 percent for all above $10 million.

Some attorney's fees will require a Court Order if the attorney is not representing the personal representative, but represents some other interested party. For example, if one beneficiary is contesting the validity of a Will, or objecting to the appointment of a personal representative, they are considered an interested party. However, you must remember that the more problems and objections that occur during a probate, the more money that will be charged, and ultimately be taken from the estate assets and inheritance of the beneficiaries.

Attorney's fees are a necessary expense of Probate and usually come off the top, along with the personal representative's fee. The Personal Representative and Attorney may negotiate a lesser attorney fee, such as a flat rate fee. Ask your attorney what retainer will be required up-front, but remember "You get what you pay for".

Please contact a Florida probate attorney in order to discuss what attorney fees are applicable to your case.