The Real Cost of Probate in Palm Beach and Martin County — and How to Avoid It

Families are usually shocked twice by probate: first by the cost, then by the calendar. Here is a clear-eyed look at what administering an estate through the courts in Palm Beach or Martin County actually involves — and how the right plan avoids most of it.

Two Tracks: Summary and Formal Administration

Florida offers a streamlined summary administration for estates with non-exempt assets of $75,000 or less, or where the decedent has been dead more than two years. It is faster and cheaper, but it has real limits — no personal representative is appointed, which complicates dealing with creditors and institutions. Everything else goes through formal administration: petition, appointment of a personal representative, a 90-day creditor claim window after publication, inventory, accountings, tax clearance, and a final petition for discharge. Even a smooth, uncontested formal administration typically takes eight to twelve months.

What It Costs

Attorney’s fees. Florida Statutes section 733.6171 sets a presumed-reasonable schedule: $3,000 plus 3% of estate value over $100,000 (up to $1 million). A $500,000 estate: roughly $15,000. A $1 million estate: roughly $30,000.
Personal representative’s commission — generally 3% of the estate, though family members often waive it.
Hard costs — filing fees, publication of notice to creditors, certified copies, possibly a fiduciary bond, appraisals.
The invisible costs — a year of frozen assets, a public court file anyone can read, and a grieving family managing deadlines.

The Avoidance Toolkit

Probate applies only to assets titled in the decedent’s sole name with no beneficiary. Every asset you move out of that category shrinks or eliminates the process:

A funded revocable living trust — the comprehensive solution, covering financial accounts and real estate, with incapacity protection included.
A Lady Bird deed — passes the homestead outside probate while preserving every homestead benefit.
Beneficiary designations and POD/TOD registrations — retirement accounts, life insurance, bank and brokerage accounts can all pass by contract. They must be kept current and coordinated with the plan.
Joint ownership — effective but blunt; adding a child to a deed or account creates gift, creditor, and Medicaid problems and overrides your will. Use with caution and counsel.

Sometimes Probate Is Fine — The Point Is Choosing

Probate is not evil; for some estates a short administration is the simplest path, and the creditor-cutoff process can even be useful. The problem is defaulting into a year-long formal administration that thirty minutes of planning would have avoided. The goal is to make probate a choice, not an accident.