Probate is the legal process of settling the estate of a person who has died. If the person has a Last Will and Testament, that document must go through the court system for it to be deemed valid. At that point, the estate is handled based on the deceased person’s wishes.

In other cases, there is no Last Will and Testament. This could happen for a variety of reasons: The deceased could have been young and healthy and was not even considering that they would die, they might not have thought they needed a Will, or perhaps they simply believed they could not afford to have a Will drawn up. Whatever the situation, the estate will still need to go through probate administration in order to settle debts and distribute the estate assets.



The actual process will depend on whether the estate will go through Summary Administration or Formal Administration. Summary Administration is typically used for simpler estates that have few creditors and limited assets, or where the decedent has been dead for over two years. Formal Administration, on the other hand, is for larger estates that might have many creditors, more valuable assets, someone contesting the Will, or other factors that make the situation more complex.

The fees that will come out of the estate or be paid by the family vary from case to case. Your attorney will be able to tell you more about what probate will cost in your particular situation. However, here are some ballpark figures that will give you a rough idea of how much you might expect to pay depending on which process is used.

In Florida, Formal Administration is sometimes referred to as "regular probate." An estate that has a non-exempt asset value in excess of $75,000 would go through Formal Administration. A fee equal to 3 percent of the value is typically considered reasonable for ordinary probate services, such as preparing and filing the probate administration and handling the uncontested administration through conclusion. For extra services (which are called “extraordinary probate services”), there would generally be additional fees. These might include assisting with the sale of real estate, preparing tax returns, and so on.

The bottom line, according to the Florida Statute 733.6171, is that a fee over 3 percent of the estate’s value is subject to approval by the probate court. However, there is the possibility of the parties reaching a different agreement regarding the attorney's fees, as long as it is disclosed to everyone impacted and as long as there are no objections to the fee.

Summary Administration is sometimes called "expedited probate," and for good reason: It tends to take a lot less time than Formal Administration. It will generally cost between $2,500 and $4,500. Extra services are generally not necessary and also not included.



For very small estates that are generally less than $5,000 in value or so, there's also the possibility of Disposition Without Administration.  Florida Statute 735.301 has the legal verbiage, and your attorney can give you more information on this process. The Disposition Without Administration process is intended to be utilized without the assistance of an attorney.

In addition to the flat or percentage-based fees listed above, there are some other factors that can influence the costs that might be associated with probate administration.

• If the deceased had a large collection of items that are high in value, or if they had real estate, the fees for appraising this property would come out of the estate.
• The filing fee with the court depends on the value & type of estate and will be charged in addition to the attorney's fees.
• The newspaper will charge a fee for the publication of notices; this is a required step with most probate cases.
• In Florida, the Personal Representative is an individual who is essentially in charge of a Formal Administration; in other states, the person in this role might be called the "executor" or "administrator." This individual is typically entitled to also charge a fee for the services they provide to the estate.
• The attorney fees won't generally cover additional costs, such as things like postage, copies, courier charges, and other incidentals.

The best way to find out how much probate will cost is to do your research and talk with a qualified attorney. You can learn about what probate fees will be by speaking to the attorney who is assisting you with your estate planning and writing your Last Will and Testament. 



Alternatively, you may find out this information when you are going through the probate process after a loved one has passed on. Be aware that every state will have different laws and statutes, and attorney’s fees and costs may greatly vary by state. This article concentrated on the laws in the State of Florida.