Probate and Trust Administration
Alex Gillen, Attorney at Law · Stuart, Florida
Florida’s statutory schedules provide presumed reasonable attorney fees for ordinary administration services. Use the calculators below to estimate those schedules.
Estate administration
Florida Statutes § 733.6171 addresses attorney fees for formal estate administration. The calculation uses the inventory value of probate estate assets plus income earned during administration. It does not use the entire gross taxable estate. Do not automatically include nonprobate assets or protected homestead; confirm the appropriate assets with counsel.
Estate attorney-fee calculator
Ordinary attorney services only. Extraordinary services and costs are additional under the engagement agreement.
Trust administration
Florida Statutes § 736.1007 addresses attorney fees for the initial administration of a revocable trust after the settlor’s death. The presumed reasonable fee is 75% of the estate schedule, applied to the trust’s own asset value immediately after death plus income during initial administration. This is attorney compensation, not the trustee’s fee or an annual ongoing administration charge.
Trust attorney-fee calculator
Ordinary attorney services only. Extraordinary services and costs are additional under the engagement agreement.
Enter estate and trust values separately. Do not count the same asset twice without confirming its treatment. The calculators perform arithmetic in your browser and do not submit the amounts to our office. They do not determine whether an administration is needed.
View the statutory calculation schedule
For estates, apply the following cumulative schedule. For trusts, multiply the resulting fee by 75%.
| Compensable value | Estate ordinary attorney fee |
|---|---|
| $40,000 or less | $1,500 |
| Over $40,000 through $70,000 | $2,250 |
| Over $70,000 through $100,000 | $3,000 |
| Over $100,000 through $1 million | $3,000 + 3% of the amount over $100,000 |
| Over $1 million through $3 million | $30,000 + 2.5% of the amount over $1 million |
| Over $3 million through $5 million | $80,000 + 2% of the amount over $3 million |
| Over $5 million through $10 million | $120,000 + 1.5% of the amount over $5 million |
| Over $10 million | $195,000 + 1% of the amount over $10 million |
Fee disclosures for personal representatives and trustees
Under §§ 733.6171(2) and 736.1007(1):
- No statutory attorney fee is mandatory for estate or trust administration.
- Fees need not depend on estate or trust size. The presumed reasonable schedule may be unsuitable for a particular administration.
- The personal representative or trustee may negotiate the fee with the attorney.
- The personal representative or trustee chooses counsel and need not hire the lawyer who prepared the will or trust.
- At the end of representation, counsel must provide a summary of ordinary and extraordinary services for the agreed fees, consisting of total hours or a detailed account of services.
When using the statutory schedule, counsel must obtain the personal representative’s or trustee’s timely signed acknowledgment of the required written disclosures. This webpage does not replace that acknowledgment or the engagement agreement.
Extraordinary services and costs
Additional reasonable fees may apply to matters such as disputes, tax planning or returns, audits, real estate transactions, homestead issues, business matters, or enforcement proceedings. See § 733.6171(4) and § 736.1007(5). Extraordinary work is billed at the rates and on the terms agreed in writing. Litigation may require a separate engagement with litigation counsel.
The client is responsible for out-of-pocket costs under the engagement agreement, including applicable filing fees, postage and delivery, outside copying or printing, travel, investigation, court reporters, and court-appointed representatives. In-office copying is included in the ordinary fee. Accountant and other separately retained professional fees, fiduciary compensation, and taxes are not included in the calculator estimates. Any advance payment, billing credit, and payment schedule will be stated in the engagement agreement.
Contact our office or call 772-774-7781 to discuss scope, fees, and costs.
General information only; not legal advice or an engagement offer. Using this page does not create an attorney-client relationship. Statutory schedules reviewed October 30, 2026.