How Much Does Estate Planning Cost in Florida? What Families Should Know
The short answer
The cost of estate planning in Florida depends on your family, your property and whether you choose a will-based or a trust-based plan. The better question is what skipping it costs: under Florida's fee statutes, formal probate of a $500,000 estate carries about $30,000 in presumed attorney and personal representative fees.
Most Florida families start an estate plan for the same reason. Someone they love is counting on them, and they want to know what a proper plan will cost before they pick up the phone. That is a fair question. This guide explains what a Florida estate plan includes, why prices vary, how attorneys charge, and what Florida law says probate costs when there is no plan, so the numbers can be compared side by side.
What is included in a Florida estate plan?
A complete plan is a set of documents that work together, not a single form. A typical Florida estate plan includes:
A will. It names who inherits, who serves as personal representative and who would raise minor children. In a trust-based plan, a short "pour-over" will sends anything left outside the trust into it.
A revocable living trust (trust-based plans). It holds your home and accounts during life and passes them to your family without probate.
A durable power of attorney. It lets a trusted person handle money and property if you cannot.
A designation of health care surrogate and a living will. These name who makes medical decisions for you and record your wishes about end-of-life care.
Funding and beneficiary review. Deeds, account titles and beneficiary designations have to match the plan, or the documents may not control what happens.
Price quotes only make sense when they cover the same set of documents. Before comparing two quotes, ask what each one includes and whether help moving assets into the trust is part of the fee.
How much does a will-based plan cost compared with a trust-based plan?
Will-based plan
A will-based plan usually costs less up front, and at Legacy Solutions Law Firm, will-based plans start at $2,500. The trade-off comes later: property in your name alone at death generally has to pass through probate, the court process that pays debts and transfers assets under the judge's supervision. Your family pays the probate costs instead of you.
Trust-based plan
A trust-based plan costs more up front because a revocable living trust takes more drafting and your assets have to be retitled into it. In exchange, property held in the trust generally passes without probate, stays private, and your successor trustee can step in right away if you become incapacitated. At Legacy Solutions Law Firm, trust-based plans start at about $4,000.
Which one fits your family?
Florida homeowners, families with property in more than one state, blended families and parents of a child with a disability often look closely at a trust. A will-based plan can be enough for some smaller or simpler estates. The right choice depends on your full picture, so the best step is to talk it through with a Florida estate planning attorney.
What makes estate planning cost more or less in Florida?
Two families can pay very different amounts for plans that look alike on paper. These are the factors that usually drive the price:
Your family. Minor children, a blended family, a child with a disability or a family business all call for more careful drafting.
Your home. Florida homestead law limits how a home can be left when the owner is survived by a spouse or minor child, so the plan has to be written around those rules.
Property in other states. Real estate outside Florida can require a second probate in that state unless it is planned for.
The number of trusts. A plan with one family trust costs less than a plan with separate trusts for a spouse, each child or a child with a disability.
Funding help. Preparing a new deed and coordinating account and beneficiary changes takes time, and some quotes leave it out.
Tax planning. Florida has no state estate tax or inheritance tax, and the federal estate tax exemption is $15 million per person for 2026, so most Florida families do not need complex tax planning.
Do Florida estate planning attorneys charge flat fees or hourly rates?
Many Florida estate planning attorneys charge a flat fee for a defined plan, so you know the price before work begins. Hourly billing is more common for open-ended work, such as administering a trust after a death or handling a dispute. Florida Bar rules require attorney fees to be reasonable and the basis of the fee to be explained to the client.
Before you hire anyone, ask these questions:
Which documents does the fee include?
Is help with deeds, account titles and beneficiary forms included, or billed separately?
What happens if you have questions after signing?
What will it cost to update the plan after a move, a marriage, a divorce or a new grandchild?
What does it cost if you do not plan in Florida?
When a Florida resident dies with property in their name alone, the family usually has to open probate. In formal administration, Florida law sets fees that are presumed reasonable for ordinary services, based on the value of the probate assets plus income earned during administration. The attorney fee schedule in section 733.6171 and the personal representative commission in section 733.617 produce these figures:
Probate estate value | Presumed attorney fee | Presumed personal representative fee | Total presumed fees |
$250,000 | $7,500 | $7,500 | $15,000 |
$500,000 | $15,000 | $15,000 | $30,000 |
$1,000,000 | $30,000 | $30,000 | $60,000 |
Those figures do not include the clerk's $395 filing fee for formal administration, newspaper notices, bond premiums, appraisals or extra fees for services beyond the ordinary. Probate also takes time, often many months before heirs receive their shares. Smaller estates may qualify for summary administration, which Florida expanded to estates up to $150,000 on July 1, 2026; the difference between summary and formal administration explains when each applies.
Planning also matters during life. Without a durable power of attorney, a family may need a court-supervised guardianship to manage the finances of a parent who can no longer do so, with court costs and annual reporting that continue for years.
If you would like to see how these numbers compare with a plan for your own family, a Discovery Call with the firm's intake team is the first step.
Can an online will or DIY plan save money in Florida?
An online form can cost less, but Florida's signing rules are strict. A will must be signed at the end in front of two witnesses who also sign, and a durable power of attorney needs two witnesses and a notary. A handwritten will that was not signed and witnessed this way is not valid in Florida.
The larger risk is what a form does not cover: homestead rules, beneficiary designations that override the will, a trust that was never funded, or a child who receives SSI or Medicaid. The guide to DIY estate plans in Florida walks through the most common gaps.
What should families of a child with a disability plan for?
For a family with a child or adult child with a disability, the plan usually includes a third-party special needs trust, often built into the parents' living trust or will. This adds drafting and careful trustee choices, and it is worth it. An inheritance left directly to your child can push countable resources over SSI's $2,000 limit, ending SSI and putting Medicaid at risk.
Fixing that after a death usually means a court or family member setting up a first-party special needs trust, which must repay Medicaid when your child dies. Building special needs planning into the family plan from the start avoids that payback and keeps the money working for your child. For terms you may hear along the way, see the special needs planning glossary.
Frequently Asked Questions
How much does a will cost in Florida?
A will alone usually costs less than a trust-based plan, but most Florida attorneys prepare a will as part of a package with a durable power of attorney and health care documents. At Legacy Solutions Law Firm, will-based plans start at $2,500, and the final price depends on your family and property. Compare quotes for the same set of documents, and remember that assets passing under a will generally go through probate.
How much does a living trust cost in Florida?
A revocable living trust usually costs more than a will-based plan because it takes more drafting and your home and accounts must be retitled into the trust. The fee often includes a pour-over will, power of attorney and health care documents. At Legacy Solutions Law Firm, trust-based plans start at about $4,000.
Is a living trust worth the cost in Florida?
For many Florida homeowners, yes. Under Florida's fee statutes, formal probate of a $500,000 estate carries about $30,000 in presumed attorney and personal representative fees, plus court costs and months of delay. A funded trust generally avoids that, keeps the estate private, and lets a successor trustee act right away if you become incapacitated.
Do I need a lawyer to make a will in Florida?
Florida law does not require a lawyer, but a will must meet strict signing rules: signed at the end in front of two witnesses who also sign. Mistakes can make a will invalid or leave out homestead rules and beneficiary designations. An attorney also coordinates the will with the rest of the plan.
Is a handwritten will valid in Florida?
Only if it is signed by the person making it at the end and witnessed by two people who sign in the presence of that person and each other. Florida does not accept a handwritten will that skips these steps, even if it is entirely in the person's own handwriting and clearly states their wishes.
Do Florida estate planning attorneys charge a flat fee?
Many do. A flat fee covers a defined set of documents, so the price is known before work starts. Hourly billing is more common for trust administration, probate and disputes. Florida Bar rules require fees to be reasonable and the basis of the fee to be explained, so ask what the flat fee includes.
Does Florida have an estate tax or inheritance tax?
No. Florida has no state estate tax and no inheritance tax. Only the federal estate tax can apply, and the federal exemption is $15 million per person for 2026, so very few Florida families owe it. That keeps most Florida estate plans focused on probate, incapacity and family protection rather than tax.
How much does probate cost in Florida without a plan?
In formal administration, Florida presumes attorney fees of $1,500 for estates up to $40,000, rising to 3 percent of value between $100,000 and $1 million, and the personal representative may take a similar commission. Court filing fees, notices, bond and appraisals are extra. Summary administration costs less for qualifying estates up to $150,000.
How often should an estate plan be updated?
Review your plan every three to five years and after major events: a marriage, divorce, birth, death, move to Florida, new home or a child's diagnosis. A Florida estate planning attorney can review whether the plan still fits your family after a change.
Does a special needs trust add to the cost of an estate plan?
Usually yes, because the trust needs careful drafting and planning for who will serve as trustee. It is often built into the parents' living trust or will rather than created as a separate document. Without it, an inheritance can end SSI and put Medicaid at risk, which costs far more to fix later.
How Legacy Solutions Law Firm helps Florida families plan
Legacy Solutions Law Firm builds complete estate plans for Florida families, from wills and revocable living trusts to powers of attorney, health care documents, funding guidance and special needs trusts when a child needs one. Will-based plans start at $2,500 and trust-based plans start at about $4,000. The first step is a Discovery Call with the firm's intake team to learn about your family and goals. If it is the right next step, a plan review follows.
Prepared by Legacy Solutions Law Firm, PLLC, Hollywood, Florida. Reviewed by Randy Narkir, Esq., estate planning and special needs planning attorney.
The information provided here is for general educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For guidance specific to your situation, consult a qualified Florida attorney.
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