How Much Do Attorneys Charge for Probate?
Well, here’s a typical lawyer answer, it depends! It depends on many factors like the size of the estate and the complexity of the case. Lawyers can charge an hourly rate, flat fee, or use the statutory fee schedule under Florida law.
So What's a Typical Hourly Rate for a Probate Lawyer?
A typical hourly rate can go from $250 per hour to $500 per hour or more, but this usually depends on several factors such as the lawyer’s experience, the complexity of the case, the county the case is being probated, and a couple other factors.
So How Much Would a Flat Fee be in a Probate Case?
Flat fee probate cases may occur when it’s been two years or more since the decedent has passed away. Why is that? It’s because the time to give the Notice to Creditors is within two years of the decedent passing, which means the Notice to Creditors is not required and the administration can be probated in a matter of short time. This is called Summary Administration. However, with Formal Administration, it can take anywhere from six months to one year.
What's the Statutory Fee Schedule under Florida Law? Section 733.6171(3) of the Florida Statutes.
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:
(a) One thousand five hundred dollars for estates having a value of $40,000 or less.
(b) An additional $750 for estates having a value of more than $40,000 and not exceeding $70,000.
(c) An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000.
(d) For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000.
(e) At the rate of 2.5 percent for all above $1 million and not exceeding $3 million.
(f) At the rate of 2 percent for all above $3 million and not exceeding $5 million.
(g) At the rate of 1.5 percent for all above $5 million and not exceeding $10 million.
(h) At the rate of 1 percent for all above $10 million.
In addition to fees for ordinary services, the attorney for the personal representative shall be allowed further reasonable compensation for any extraordinary service.
What do I do if I Need to Speak with a Probate Attorney?
If you need to speak with a Probate Lawyer, give us a call anytime 24/7 at 813-897-0295 and make an appointment to speak with an attorney. Our operators are standing by to take your call.
