Like many legal questions, the answer is: it depends. However, in Florida, there is a guide to what attorney’s fees may be in a probate case. It is a sliding scale based on the size of the probate estate and can be found in Florida Statutes Section 733.6171, which states the following:
733.6171 Compensation of attorney for the personal representative.—
- Attorneys for personal representatives shall be entitled to reasonable compensation payable from the estate assets without court order.
- The attorney, the personal representative, and persons bearing the impact of the compensation may agree to compensation determined in a different manner than provided in this section. Compensation may also be determined in a different manner than provided in this section if the manner is disclosed to the parties bearing the impact of the compensation and if no objection is made as provided for in the Florida Probate Rules.
- Compensation for ordinary services of attorneys in formal estate administration is presumed to be reasonable if based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during the administration as provided in the following schedule:
- One thousand five hundred dollars for estates having a value of $40,000 or less.
- An additional $750 for estates having a value of more than $40,000 and not exceeding $70,000.
- An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000.
- For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000.
- At the rate of 2.5 percent for all above $1 million and not exceeding $3 million.
- At the rate of 2 percent for all above $3 million and not exceeding $5 million.
- At the rate of 1.5 percent for all above $5 million and not exceeding $10 million.
- At the rate of 1 percent for all above $10 million.
That being said, attorney’s fees are not the only costs associated with a probate case in Florida. Court filing fees, mailing costs, and payment to others who assisted in the administration of the probate estate are just some examples of additional expenses.