Cost is usually the second question Palm Beach families ask about probate, right after how long it takes. The honest answer is that the total depends on the estate’s size, complexity, and whether anyone fights. Rather than guess at a number, use this checklist to understand the components that make up the bill and where you can keep it down.
The Building Blocks of Probate Cost
- Court filing fees paid to the Palm Beach County Clerk & Comptroller, with summary administration costing less than formal administration.
- Publication of the Notice to Creditors in a local newspaper under §733.2121.
- Certified copies and recording fees for Letters of Administration and any Palm Beach real estate transfers.
- Attorney’s fees for representing the personal representative.
- Personal representative compensation.
- Third-party costs such as appraisals, accountants, and any required bond.
How Florida Sets Attorney’s Fees
Florida Statute §733.6171 provides a presumptively reasonable attorney fee schedule based on a sliding percentage of the estate’s inventory value plus income. It is a guideline, not a ceiling or a requirement. Many Palm Beach attorneys offer flat or hourly arrangements instead, which can cost less on straightforward estates. “Extraordinary services” like litigation or selling homestead property can add fees on top.
Personal Representative Compensation
Under §733.617, the personal representative is entitled to reasonable compensation, also guided by a percentage of estate value. A family member serving as PR can waive this fee entirely, which is common in smaller Palm Beach estates and directly lowers the total cost.
What Drives the Number Up
- Will contests under §732.502.
- Elective share claims by a surviving spouse under §732.2065.
- Real estate that must be appraised and sold.
- Disputed creditor claims requiring litigation.
One Cost You Can Cross Off
There is no Florida state estate tax and no inheritance tax, so beneficiaries do not owe the state for inheriting. Only very large estates encounter federal estate tax. For most Palm Beach families, no death-tax line belongs in the budget.
How to Reduce Probate Cost
- Keep assets out of probate. Property in a revocable trust (Ch. 736), accounts with beneficiary designations, jointly titled assets, and real estate transferred by a Lady Bird deed bypass the probate fee base.
- Consider summary administration when the estate qualifies; the lighter process means lower fees.
- Negotiate the fee structure in writing and ask whether statutory, flat, or hourly billing fits your estate.
- Have the PR waive compensation when a family member serves.
Quick Cost Checklist
- List probate vs non-probate assets to see the true fee base.
- Confirm whether summary administration is available.
- Get a written fee agreement from the attorney.
- Decide whether the PR will take or waive compensation.
Because costs scale with the estate and its complications, the categories above are a framework rather than a quote. For an accurate estimate for your family, speak with a Florida probate attorney who practices in Palm Beach County and can review your specific assets before you file.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
