If you are opening an estate in Palm Beach County, the first practical question is usually the same: what does probate actually cost, and who gets paid? Florida probate fees are not a single number. They are a stack of separate charges set by statute, by the court, and by agreement. Use the checklist below to see each layer clearly before you file at the Palm Beach County Clerk & Comptroller in West Palm Beach.
Court and Clerk Filing Costs
Every formal administration in Palm Beach County starts with a filing fee paid to the Clerk of the Fifteenth Judicial Circuit. Summary administration carries a lower filing fee than formal administration. On top of the base filing fee, budget for:
- Certified copies of Letters of Administration (you will need several for banks and brokerages).
- Recording fees if real property in Palm Beach County must be transferred.
- Publication of the Notice to Creditors in a local newspaper of general circulation, as required by Florida Statute §733.2121.
Attorney’s Fees Under Florida Law
Florida Statute §733.6171 provides a presumptively reasonable fee schedule for attorneys representing the personal representative in a formal administration. It is tied to the inventory value of the estate plus income, on a sliding percentage. Two things matter for Palm Beach families:
- The statutory schedule is a guideline, not a mandate. You and the attorney can agree to a flat or hourly fee instead, and many estates are handled that way.
- “Extraordinary services” such as litigation, selling a homestead, or handling a contested elective share under §732.2065 can justify additional fees beyond the base schedule.
Personal Representative Compensation
The personal representative (executor) is also entitled to reasonable compensation under §733.617, which sets a similar percentage-based guideline on the estate’s value. A family member serving as PR can waive this fee, and in smaller Palm Beach estates they often do. If a professional fiduciary or trust company serves, expect that compensation to be taken.
Costs That Surprise People
- Appraisals: Palm Beach real estate, art, and collectibles frequently need professional valuation for the inventory.
- Bond: If the will does not waive it, the PR may need a surety bond.
- Accountant fees: A final personal income tax return is common. Note that Florida itself has no state estate or inheritance tax, so there is no Florida death-tax bill to budget for.
What You Will Not Pay For
Assets that pass outside probate avoid most of these fees entirely. Property held in a revocable trust (Ch. 736), accounts with valid beneficiary designations, jointly titled property, and real estate transferred by a Lady Bird (enhanced life estate) deed do not run through the Palm Beach probate court, so they avoid filing fees and the statutory fee schedule.
A Quick Budgeting Checklist
- Confirm whether the estate qualifies for summary administration (lower cost) or needs formal administration.
- Ask the attorney for a written fee agreement and whether they bill statutory, flat, or hourly.
- Identify non-probate assets to keep them out of the fee base.
- Set aside funds for publication, certified copies, and recording.
Fee structures vary with the size and complexity of each estate, and the figures above are general categories rather than quotes. Before you commit to a filing strategy, speak with a Florida probate attorney familiar with the Palm Beach County courts to get a clear, written estimate for your situation.
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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 .
