Florida Probate Attorney Fee Calculator

Florida Probate Attorney Fee Calculator

function calculateProbateFee() { var grossEstateValue = parseFloat(document.getElementById("grossEstateValue").value); var attorneyFee = 0; if (isNaN(grossEstateValue) || grossEstateValue 0) { var applicableAmount = Math.min(remainingValue, 100000); attorneyFee += applicableAmount * 0.03; remainingValue -= applicableAmount; } // Next $100,000 (from $100,001 to $200,000) at 2.5% if (remainingValue > 0) { var applicableAmount = Math.min(remainingValue, 100000); attorneyFee += applicableAmount * 0.025; remainingValue -= applicableAmount; } // Next $800,000 (from $200,001 to $1,000,000) at 2% if (remainingValue > 0) { var applicableAmount = Math.min(remainingValue, 800000); attorneyFee += applicableAmount * 0.02; remainingValue -= applicableAmount; } // Next $2,000,000 (from $1,000,001 to $3,000,000) at 1.5% if (remainingValue > 0) { var applicableAmount = Math.min(remainingValue, 2000000); attorneyFee += applicableAmount * 0.015; remainingValue -= applicableAmount; } // Next $2,000,000 (from $3,000,001 to $5,000,000) at 1% if (remainingValue > 0) { var applicableAmount = Math.min(remainingValue, 2000000); attorneyFee += applicableAmount * 0.01; remainingValue -= applicableAmount; } // Amounts above $5,000,000 at 0.5% if (remainingValue > 0) { attorneyFee += remainingValue * 0.005; } document.getElementById("result").innerHTML = "

Estimated Statutory Attorney Fee: $" + attorneyFee.toFixed(2).replace(/\B(?=(\d{3})+(?!\d))/g, ",") + "

"; }

Understanding Florida Probate Attorney Fees

When a loved one passes away in Florida, their estate often goes through a legal process called probate. Probate is the court-supervised process of validating a will (if one exists), identifying and gathering the deceased person's assets, paying debts and taxes, and distributing the remaining assets to the rightful heirs or beneficiaries. Navigating this process can be complex, and many families choose to hire a Florida probate attorney to assist them.

How Florida Probate Attorney Fees Are Determined

In Florida, attorney fees for probate are primarily governed by Florida Statute 733.6171, which outlines a schedule of "presumed reasonable" fees. This statute provides a guideline for what an attorney can charge for their services in a formal administration of an estate. It's important to understand that these are not mandatory fees, but rather a benchmark that courts and attorneys use to determine appropriate compensation.

The statutory fee schedule is based on the gross value of the probate estate assets. This typically refers to the total value of all assets that are subject to the probate process before any debts or liabilities are subtracted. Assets that pass outside of probate (e.g., through a trust, joint tenancy with right of survivorship, or beneficiary designations on life insurance or retirement accounts) are generally not included in this calculation for statutory fee purposes.

The Statutory Fee Schedule Breakdown

The Florida Statute 733.6171 sets forth the following tiered fee structure:

• 3% of the first $100,000 of the probate estate value.
• 2.5% of the next $100,000 (i.e., from $100,001 to $200,000).
• 2% of the next $800,000 (i.e., from $200,001 to $1,000,000).
• 1.5% of the next $2,000,000 (i.e., from $1,000,001 to $3,000,000).
• 1% of the next $2,000,000 (i.e., from $3,000,001 to $5,000,000).
• 0.5% for all amounts above $5,000,000.

For estates with a gross value exceeding $10 million, the reasonable fee is typically determined by the court.

Extraordinary Services and Other Considerations

It's crucial to note that the statutory fee schedule covers typical probate services. If an estate requires "extraordinary services," an attorney may be entitled to additional compensation. Examples of extraordinary services include:

• Will contests or litigation.
• Sale of real estate or other complex assets.
• Dealing with complex tax issues or audits.
• Handling claims against the estate.
• Operating a business owned by the decedent.

These additional fees for extraordinary services must be reasonable and are often subject to court approval. Furthermore, attorneys and personal representatives can agree to a different fee structure, provided it is reasonable and approved by the court or all interested parties.

Using the Calculator

Our Florida Probate Attorney Fee Calculator provides an estimate based solely on the statutory "presumed reasonable" fee schedule. To use it:

1. Enter the Gross Value of Probate Estate Assets: Input the total dollar value of all assets that will pass through the probate process in Florida. Do not include assets that pass outside of probate.
2. Click "Calculate Estimated Fee": The calculator will apply the tiered percentages from Florida Statute 733.6171 to provide an estimated attorney fee.

Example Calculation:

Let's say the Gross Value of a Florida Probate Estate is $350,000:

• First $100,000: $100,000 * 0.03 = $3,000
• Next $100,000 (up to $200,000): $100,000 * 0.025 = $2,500
• Remaining $150,000 (from $200,001 to $350,000): $150,000 * 0.02 = $3,000
• Total Estimated Statutory Fee: $3,000 + $2,500 + $3,000 = $8,500

Disclaimer:

This calculator provides an estimate based on the statutory guidelines in Florida Statute 733.6171. Actual attorney fees may vary depending on the complexity of the estate, the specific services required, any extraordinary services performed, and the agreement between the attorney and the personal representative. It is always recommended to consult with a qualified Florida probate attorney to discuss your specific situation and obtain a precise fee estimate.