What Pasco County Residents Should Know About Florida Probate Fees and Timelines

When a loved one dies owning property in Pasco County, the estate usually cannot be settled by a signature on a form. Florida law routes most estates through probate, a court supervised process for paying debts and distributing what remains. Two questions come up in nearly every conversation about that process: how much will it cost, and how long will it take. The honest answer is that both depend heavily on the size of the estate and which track it qualifies for, and a recent change in Florida law has actually shifted that calculation for many families.

How Attorney Fees Are Calculated

Florida does not set a mandatory attorney fee for probate, but it does provide a fee schedule that courts presume to be reasonable under Florida Statute 733.6171. For an estate valued at $40,000 or less, that presumed fee is $1,500. Estates between $40,000 and $70,000 carry a presumed fee of $2,250, and estates between $70,000 and $100,000 carry a presumed fee of $3,000. Above $100,000, the presumed fee is $3,000 plus 3 percent of the value over that amount, up to $1 million, with lower percentages applying to larger estates. Attorneys and personal representatives can agree to a different fee arrangement, and complex estates involving litigation, business interests, or contested wills often cost more than the schedule suggests.

Formal Administration Versus Summary Administration

Timelines vary just as much as fees, largely because Florida offers two very different paths through probate. Formal administration, which involves appointing a personal representative and issuing letters of administration, typically takes six months to a year, sometimes longer if creditors file claims or beneficiaries disagree. Once the personal representative publishes a notice to creditors, most claims must be filed within three months of that first publication, and no later than two years from the date of death.

Summary administration is faster and less expensive, often wrapping up within a few months. Until recently, an estate could only qualify for this shortened process if its value, excluding exempt property, was $75,000 or less, or if the decedent had been dead for more than two years. That threshold changed on July 1, 2026, when Florida Statute 735.201 was amended to raise the summary administration ceiling to $150,000. For Pasco County families with modest estates, that is a meaningful shift. Estates that would have required a full year of formal administration under the old rule may now qualify for the streamlined process, cutting both the timeline and the legal costs roughly in half in many cases.

Why the Threshold Change Matters More Than It Looks

It is easy to treat a dollar figure buried in a statute as a technicality, but this one changes strategy. Families who assumed their loved one’s estate was too large for summary administration should revisit that assumption, particularly if the estate consists mainly of a home, a vehicle, and modest bank accounts once exempt property is subtracted out. Getting that valuation right at the outset, rather than defaulting to formal administration out of habit, can be the difference between a matter that closes in three months and one that stretches into next year.

Contact Our Team for Guidance

Every estate carries its own mix of assets, debts, and family circumstances, and the right path through probate is not always obvious from the outside. If you are administering an estate in Pasco County and want to understand which process applies and what it will realistically cost, our Dade City probate attorneys at the Law Office of Laurie R. Chane are ready to walk through the details with you. Contact our office today to discuss your situation.

Source:

flsenate.gov/Laws/Statutes/2026/733.6171