Florida Attorney Fee Calculator for Homestead Property

Estimate presumptive attorney fees for probate administration in Florida based on the statutory schedule, and understand the impact of homestead property.

What is Florida Calculating Attorney Fees Using Homestead Property?

In Florida, when a person passes away, their estate often goes through a legal process called probate. An attorney is typically hired to guide the personal representative through this process. The fees for this attorney are paid from the estate’s assets. Florida Statute § 733.6171 provides a “presumptive” reasonable fee schedule based on the value of the probate estate. A critical aspect of this calculation involves “homestead” property—the decedent’s primary residence. Under Florida’s robust homestead protection laws, this property is generally protected from creditors and is often excluded from the value used to calculate standard attorney fees.

However, if an attorney performs “extraordinary services” related to the homestead, such as handling litigation over the property or complex sales, its value may be included in the fee base, significantly impacting the final fee. This calculator helps demonstrate that distinction, showing how fees are calculated both with and without the inclusion of the homestead’s value.

The Formula for Florida Probate Attorney Fees

The calculation for attorney fees in a Florida probate is a tiered system based on the “compensable value” of the estate. The compensable value is the inventory value of the probate assets plus any income earned during administration. For this calculator’s purpose, it’s the inventory value, potentially including the homestead value.

The statutory fee schedule, per Florida Statute § 733.6171, is as follows:

• $1,500 for estates of $40,000 or less.
• $2,250 for estates between $40,001 and $70,000.
• $3,000 for estates between $70,001 and $100,000.
• 3% on the value from $100,000 up to $1 million.
• 2.5% on the value from $1 million up to $3 million.
• 2% on the value from $3 million up to $5 million.
• 1.5% on the value from $5 million up to $10 million.
• 1% on all value above $10 million.

Calculation Variables

Variable	Meaning	Unit	Typical Range
Inventory Value	The value of all non-homestead assets in the probate estate.	USD ($)	$10,000 – $10,000,000+
Homestead Value	The fair market value of the decedent’s primary residence.	USD ($)	$50,000 – $5,000,000+
Compensable Value	The base value used for the fee calculation (Inventory ± Homestead).	USD ($)	$10,000 – $15,000,000+

Practical Examples

Example 1: Standard Probate without Extraordinary Services

An individual passes away with a probate estate valued at $600,000 and a homestead property worth $350,000. No extraordinary services were required for the homestead.

• Inputs: Inventory Value = $600,000, Homestead Value = $350,000, Include Homestead = No.
• Compensable Value: $600,000.
• Calculation:
  • $3,000 (for first $100,000)
  • + $15,000 (3% of the next $500,000)
• Result: The presumptive attorney fee is $18,000.

Example 2: Probate with Extraordinary Services on Homestead

An individual passes away with a smaller probate estate of $200,000 but a valuable homestead worth $1,200,000. There was a title dispute regarding the homestead that the attorney had to resolve.

• Inputs: Inventory Value = $200,000, Homestead Value = $1,200,000, Include Homestead = Yes.
• Compensable Value: $200,000 + $1,200,000 = $1,400,000.
• Calculation:
  • $3,000 (for first $100,000)
  • + $27,000 (3% of the next $900,000, up to $1M)
  • + $10,000 (2.5% of the next $400,000, up to $1.4M)
• Result: The presumptive attorney fee is $40,000. For more on complex estates, see our guide on Florida Probate Guidance.

How to Use This Florida Attorney Fee Calculator

Follow these simple steps to estimate the statutory attorney fees for a Florida probate case.

1. Enter Inventory Value: Input the gross value of the probate estate assets, not including the primary home. This includes bank accounts, stocks, and other property.
2. Enter Homestead Value: Input the current fair market value of the decedent’s primary residence in Florida.
3. Choose Homestead Inclusion: Check the box if the attorney’s work involves extraordinary services for the homestead. This is a key factor and should be discussed with an attorney. For more on this, check out our resources on Understanding Florida Homestead Law.
4. Review Results: The calculator automatically displays the total presumptive fee, the compensable value used for the calculation, and a breakdown of how the fee is calculated across different value tiers.

Key Factors That Affect Florida Attorney Fees

• Complexity of the Estate: An estate with numerous assets, debts, and beneficiaries is more complex and may justify a higher fee.
• Extraordinary Services: As demonstrated by the calculator, services like will contests, tax disputes, sale of real property, or dealing with a business are the most common reasons for fees beyond the ordinary schedule.
• Litigation: If the estate is involved in any lawsuits, the attorney will be compensated separately for that work, typically on an hourly basis.
• Attorney-Client Agreement: The statutory schedule is only a presumption. The personal representative and attorney can negotiate a different fee structure, such as a flat fee or hourly rate.
• Number of Personal Representatives: If there are multiple personal representatives, the work can be more complex and may affect the overall fee structure.
• Tax Issues: Handling federal estate tax returns or other complex tax matters is considered an extraordinary service that warrants additional compensation. Explore our Probate and Tax Implications page for more.

Frequently Asked Questions (FAQ)

1. Are attorney fees in Florida probate always based on a percentage?

No. The percentage schedule in the statute is a “presumptive” reasonable fee, not a mandatory one. Attorneys and clients can agree to hourly rates or a flat fee.

2. Is the value of the homestead property always excluded from the fee calculation?

For ordinary services, yes. However, it can be included if the attorney performs “extraordinary services” related to the homestead, such as resolving title issues, handling litigation, or managing a sale. Learn more about this on our Extraordinary Services in Probate page.

3. What is considered an “extraordinary service”?

Services beyond the routine administration of an estate. Examples include involvement in will contests, preparation of federal estate tax returns, sale of real estate, and running the decedent’s business.

4. Are debts and mortgages deducted before calculating the fee?

No. Attorney fees are generally calculated based on the gross value of the probate estate assets, not the net value after deducting debts.

5. Can a personal representative negotiate the attorney’s fee?

Absolutely. The law explicitly states that the fee is subject to negotiation. It is wise to discuss fees upfront before formally hiring an attorney.

6. Does this calculator apply to trust administration fees?

No, this is specifically for probate estate administration under F.S. § 733.6171. Trust administration has a different (though related) fee structure. See our Trust Fee Calculator for that.

7. Why is Florida’s homestead protection so important?

Florida’s constitution provides one of the strongest homestead protections in the U.S., shielding a resident’s primary home from creditors to an unlimited value. This protection is a cornerstone of Florida asset protection.

8. What happens if I disagree with the attorney’s fee?

If you cannot reach an agreement, any interested party can petition the court to review the fee for reasonableness. The court will then decide on a fair compensation amount.

Related Tools and Internal Resources

Explore our other resources for a deeper understanding of Florida estate and probate law:

• Florida Probate Guidance: A complete overview of the probate process in Florida.
• Understanding Florida Homestead Law: A deep dive into the protections and rules surrounding homestead property.
• Probate and Tax Implications: Learn about the tax considerations during estate administration.
• Extraordinary Services in Probate: Detailed explanation of what qualifies as an extraordinary service.
• Florida Trust Fee Calculator: A tool for estimating trustee and attorney fees in trust administration.
• Asset Protection Strategies: Learn how homestead fits into a broader asset protection plan.