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  • Writer's pictureEvan Miller

How Probate Attorneys Are Compensated in Florida: A Guide to Understanding Legal Fees




Introduction In Florida, navigating the probate process often necessitates the expertise of a probate attorney. Understanding how these legal professionals are compensated is crucial for anyone who finds themselves managing an estate. This blog post aims to provide a clear understanding of the fee structures and regulations governing how probate attorneys get paid in Florida.


The Role of Probate Attorneys in Florida Probate attorneys in Florida assist with the administration of estates, including filing the necessary legal documents, advising the personal representative, and helping to manage and distribute the estate's assets according to the will or state law.


Common Fee Structures for Probate Attorneys in Florida

  1. Hourly Rate: Many probate attorneys charge an hourly rate for their services. This is often the case for more complex estates or when special legal issues arise.

  2. Flat Fee: For simpler estates, some attorneys may offer a flat fee arrangement. This can provide predictability in costs but may not cover unexpected complexities.

  3. Percentage of the Estate: In Florida, it’s common for probate attorneys to charge a fee based on a percentage of the estate’s value. This is regulated by Florida statutes, which provide a guideline for these fees.


Statutory Fee Schedule in Florida

  • Florida law (Florida Statutes § 733.6171) provides a fee schedule for probate attorney fees based on the value of the estate:

  • 3% for the first $1 million

  • 2.5% for amounts above $1 million up to $3 million

  • 2% for amounts above $3 million up to $5 million

  • 1.5% for amounts above $5 million up to $10 million

  • 1% for amounts over $10 million

  • These fees are presumed reasonable, but they can be adjusted based on factors like the estate's complexity and the attorney's expertise.


Negotiating Fees and Understanding Costs

  • It's possible to negotiate fees with your probate attorney. Any fee agreement should be in writing, outlining the services to be provided and the fee structure.

  • Be aware of additional costs such as court filing fees, appraisal fees, and costs for managing the estate.


The Importance of Clarity and Communication

  • Clear communication with your probate attorney regarding fees and services is key. Don’t hesitate to ask questions to fully understand the fee arrangement.


Conclusion Understanding how probate attorneys are compensated in Florida is an essential part of navigating the probate process. Whether the fee is based on an hourly rate, a flat fee, or a percentage of the estate, being informed helps in making the right choice for your specific situation. Remember, the cost of a probate attorney is an investment in ensuring that the estate is managed and settled correctly, in accordance with Florida law.


In summary, the probate process in Florida can be complex, and having a skilled attorney can be invaluable. Knowing how these professionals are compensated can help you budget accordingly and ensure that the estate is handled efficiently and effectively.

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