Probate fees for probating a Miami estate include court fees, any compensation that may be paid to the personal representative, fees to the attorney for the estate, payment for accounting fees to a CPA or accountant, property management fees, appraiser fees and real estate brokerage fees if the sale of real property is involved and other professional fees. Fees paid to the personal representative are statutory and are for ordinary and routine services. Any fees paid to the personal representative for extraordinary services must be approved by the court.

The following is a summary of court fees that are involved in the probate of a Miami estate:

Initial filing fee to establish the probate $232.00
Notice of trusts $ 40.00
Petition and order to admit foreign wills $232.00
Disposal of personal property without administration $232.00
Summary administration for small estates  less than $1,000 $236.00
Summary administration for small estates over $1,000 $346.00
Ancillary and conservatorship $401.00
Guardianship of person $236.00
Formal guardianship $401.00
V.A. guardianship $236.00
Petition for incapacity $232.00
Appeals $100.00
Filing of verified inventory valued at
> $25,000
$ 85.00
Filing annual accounting for estate valued at
<= $25,000
$ 20.00
Filing annual accounting for estate valued at
$25,000 to $100,000
$ 85.00
Filing annual accounting for estate valued at $100,000.01 to $500,000 $170.00
Filing annual accounting for estates valued at > $500,000 $250.00
Filing fee for reopening a case $ 50.00

Fees to Personal Representative

The personal representative may request fees for services rendered. If you are both a personal representative and beneficiary, you may want to consider not taking a fee, because personal representative fees are subject to estate tax whereas inheritance is not.

The following the fees that the personal representative may be paid for services rendered.

  • 3% for any assets under $1million, or for the first $1 million.
  • 2.5% for all above $ 1 million and not exceeding $ 5 million.
  • 2% for all above $5 million not exceeding $10 million
  • 1.5% for the remainder of an estate valued at over $10 million

Upon application to the court, the personal representative may be awarded additional fees for:

  • conducting litigation on behalf of the estate
  • selling real or personal property
  • involvement in tax proceedings
  • the carrying-on of the business of the decedent
  • protecting the decedent’s homestead
  • any other special services which may be necessary for the estate

When there are two co-executors, each receives the full amount of compensation as noted above.

Fees to Miami Estate Attorney

In order to probate a Miami estate, the services of a Miami estate attorney are essential. The Florida laws set forth the fees that are considered reasonable for probate:

  1. One thousand five hundred dollars for estates with a value of $40,000 or less
  2. An additional $750 for estates having a value of more than $40,000 and not exceeding $70,000
  3. An additional $750 for estate having a value of more than $70,000 and not exceeding $100,000
  4. For estates exceeding a value of $100,000 3% on the next $900,000
  5. 2.5% over $1milion and not exceeding $3 million
  6. 2% for over $3 million and not exceeding 5 million
  7. 1.5% for estates having a value over $5 million and not exceeding $10 million
  8. 1% over 10 million

However, we think that those fees are too high if an estate is large, and too low if heavy litigation is required. Therefore, we charge at an hourly rate.

Hiring a Miami Estate Attorney

It is recommended that you hire a Miami probate and estate attorney if you involved in administering an estate to make sure that all required documents are filed and filing deadlines are met. The attorney will be able to assist the personal representative of a Miami estate with all estate administration matters and litigation matters as well as tax filings and court appearances.

If you wish to speak to a Miami estate attorney, call the Law Offices of Albert Gurevich at (786) 522-1411.