How Much Are Probate Fees in Florida and Can They Be Avoided?

By Stokes McMillan Antunez Martinez-Lejarza P.A. on November 10, 2023

How Much Are Probate Fees in Florida and How to Avoid Them

Probate Costs in Florida

Losing someone you love is difficult enough without the added stress of dealing with who gets their property, assets, and other potentially valuable items. You may also worry about the legal fees eating up the estate’s assets. This guide breaks down Florida’s probate fees and steps to potentially avoid any costly mishaps in the process.

Probate administration involves a lot to think about, such as inventorying assets, paying outstanding debts, and distributing property to rightful heirs. The probate court supervises each and every step of the proceeding to ensure it follows Florida’s Probate law. A probate attorney with years of experience and success should be able to clearly outline the potential costs for you.

Stokes McMillan Antúnez Martinez-Lejarza P.A. is a full-service Florida trusts and estates law firm providing services including, but not limited to, probate, estate planning, trust & estate administration, and trust and estate litigation. If you have any questions or wish to hire our firm, please contact us.

Typical Probate Expenses

Below are common fees and costs during probate:

Attorney’s fees – Legal guidance is key. Rates vary by complexity, law firm, and other factors which your attorney can guide you on.
Personal representative fees – Usually 4% of estate assets for administering the estate.
Appraisal costs – If property needs appraising to establish value for distribution.
Court filing fees – Varies by county, often based on estate size. Miami-Dade is $395.
Publishing notices – Required public notices in newspapers cost around $200.
Surety bonds – If required, premiums vary based on estate value. Typically 1%-4% of assets.
Accounting fees – For accountant to file any outstanding taxes.

Strategies to Avoid Probate in Florida

You may be able to sidestep the probate process using these common methods:

1. Create a Revocable Living Trust

Assets in a fully funded trust bypass probate.
A trustee distributes assets privately per the trust terms.
Savings: Avoids court fees, attorney time, public records.

2. Name Beneficiaries for Accounts

Assets like life insurance and retirement accounts with properly named beneficiaries go directly to those people.
Savings: Quicker and no probate fees on those assets.

3. Gift Items Prior to Death

Gifting valuable personal property before passing ensures it transfers immediately.
Can gift up to $15,000 per person per year without tax implications.

4. Hold Property Jointly

Joint bank accounts, real estate deeded as joint tenants with rights of survivorship avoid probate.
The surviving co-owner automatically inherits the deceased owner’s share.

5. List a Payable on Death Beneficiary

Bank/brokerage accounts can name a POD beneficiary to inherit the balance outside of probate.

6. Own Assets via Named Business Entities

Assets owned by a business entity like an LLC transfer by that entity’s operating agreement, not probate court.

When Probate Cannot Be Avoided

Even with planning, sometimes probate cannot be avoided, such as:

The deceased had solely owned major assets not structured to avoid probate.
There is no beneficiary or co-owner for accounts.
Assets need court oversight to transfer properly.
Minor children are inheriting and need a guardian/conservator.
There are disputes among beneficiaries best settled in probate court.

If probate is unavoidably necessary, an experienced Miami probate attorney can help you:

Minimize delays by ensuring you satisfy all deadlines.
Carefully inventory assets to prevent any from being overlooked.
Use lower-cost alternatives like publishing notices online versus print newspapers.
Distribute personal belongings fairly according to the will’s wishes.
Handle all court filings/proceedings on your behalf.
Finalize court accounting meticulously to close probate expediently.

While probate takes time, a knowledgeable probate attorney guides you through efficiently and cost-effectively. Schedule a consultation with a trustworthy and hard-working probate law firm that has 25+ years of experience successfully handling probate cases for clients in Miami.

Frequently Asked Questions About Florida Probate Fees

What is the average cost of probate in Florida?

The average cost is 4%-7% of the estate value, including attorney and personal representative fees. Costs vary widely based on size of the estate, legal representation, and complexity of the proceeding.

Does it cost more to probate a will vs. having no will?

Yes, intestate probate with no will often costs more in legal fees because Florida intestacy laws determine heir distribution.

Can you pay probate fees from the estate?

Yes, common practice is paying administrative fees and costs from the estate assets during probate. Creditors are also paid.

How long does probate take in Florida?

Around 6-9 months if no disputes. But can take 1-3 years for larger, contentious estates.

Can probate fees be avoided with a living trust?

Yes, a properly created and funded living trust can avoid probate and related costs. Assets in the trust transfer privately.

DISCLAIMER
This article was partly generated by the use of artificial intelligence or AI, and is provided as general information for educational purposes only. This article is not intended to provide specific legal advice, and should not be relied upon as a substitute for competent advice from a licensed attorney. To speak with one of our attorneys all you have to do is click here.If you’re interested in more in-depth ruminations on this area of the law written 100% by a live human being, visit the Florida Probate & Trust Litigation Blog by going to the home page for firm partner Juan Antunez.