Fla. Stat. 28.2401
Service charges and filing fees in probate matters


(1)

Except when otherwise provided, the clerk may impose service charges or filing fees for the following services or filings, not to exceed the following amounts:Fee for the opening of any estate of one document or more, including, but not limited to, petitions and orders to approve settlement of minor’s claims; to open a safe-deposit box; to enter rooms and places; for the determination of heirs, if not formal administration; and for a foreign guardian to manage property of a nonresident; but not to include issuance of letters or order of summary administration..........$230Charge for caveat..........$40Fee for petition and order to admit foreign wills, authenticated copies, exemplified copies, or transcript to record..........$230Fee for disposition of personal property without administration..........$230Fee for summary administrationestates valued at $1,000 or more..........$340Fee for summary administrationestates valued at less than $1,000..........$230Fee for formal administration, guardianship, ancillary, curatorship, or conservatorship proceedings..........$395Fee for guardianship proceedings of person only..........$230Fee for veterans’ guardianship pursuant to chapter 744..........$230Charge for exemplified certificates..........$7Fee for petition for determination of incompetency..........$230

The clerk shall remit $115 of each filing fee collected under paragraphs (a), (c)-(i), and (k) to the Department of Revenue for deposit into the State Courts Revenue Trust Fund.

(a)

Fee for the opening of any estate of one document or more, including, but not limited to, petitions and orders to approve settlement of minor’s claims; to open a safe-deposit box; to enter rooms and places; for the determination of heirs, if not formal administration; and for a foreign guardian to manage property of a nonresident; but not to include issuance of letters or order of summary administration..........$230

(b)

Charge for caveat..........$40

(c)

Fee for petition and order to admit foreign wills, authenticated copies, exemplified copies, or transcript to record..........$230

(d)

Fee for disposition of personal property without administration..........$230

(e)

Fee for summary administrationestates valued at $1,000 or more..........$340

(f)

Fee for summary administrationestates valued at less than $1,000..........$230

(g)

Fee for formal administration, guardianship, ancillary, curatorship, or conservatorship proceedings..........$395

(h)

Fee for guardianship proceedings of person only..........$230

(i)

Fee for veterans’ guardianship pursuant to chapter 744..........$230

(j)

Charge for exemplified certificates..........$7

(k)

Fee for petition for determination of incompetency..........$230

(2)

Upon application by the clerk and a showing of extraordinary circumstances, the service charges or filing fees set forth in this section may be increased in an individual matter by order of the circuit court before which the matter is pending, to more adequately compensate for the services performed or filings made.

(3)

An additional service charge of $4 on petitions seeking summary administration, formal administration, ancillary administration, guardianship, curatorship, and conservatorship shall be paid to the clerk. The clerk shall transfer $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall transfer 50 cents to the Department of Revenue for deposit into the Department of Financial Services’ Administrative Trust Fund to fund clerk education. No additional fees, charges, or costs shall be added to the service charges or filing fees imposed under this section, except as authorized by general law.

(4)

Recording shall be required for all petitions opening and closing an estate; petitions regarding real estate; and orders, letters, bonds, oaths, wills, proofs of wills, returns, and such other papers as the judge shall deem advisable to record or that shall be required to be recorded under the Florida Probate Code.

Source: Section 28.2401 — Service charges and filing fees in probate matters, https://www.­flsenate.­gov/Laws/Statutes/2024/0028.­2401 (accessed Aug. 7, 2025).

28.01
Bond of circuit court clerks
28.001
Definitions
28.02
Bond of circuit court clerks
28.03
Obligation of sureties
28.04
Justification of sureties
28.05
Surety companies
28.06
Power of clerk to appoint deputies
28.07
Place of office
28.09
Clerk ad interim
28.12
Clerk of the board of county commissioners
28.13
Papers and electronic filings
28.14
Records, judgments, orders, and decrees prior to circuit courts
28.15
Records from superior courts
28.16
Certain records from prior county courts
28.24
Service charges
28.29
Recording of orders and judgments
28.30
Records
28.31
Notice to county commissioners of intent to destroy
28.32
Destruction of certain instruments
28.33
Investment of county funds by the clerk of the circuit court
28.34
Salary discrimination based on gender or race
28.35
Florida Clerks of Court Operations Corporation
28.36
Budget procedure
28.37
Fines, fees, service charges, and costs remitted to the state
28.42
Manual of filing fees, charges, costs, and fines
28.44
Clerk discontinuance of court-related functions
28.45
Provision of financial data to Executive Office of the Governor
28.47
Recording notification service
28.071
Clerk’s seal
28.101
Petitions and records of dissolution of marriage
28.211
Clerk to keep docket
28.212
Minutes of court proceedings
28.213
Disposal of physical evidence filed as exhibits
28.215
Pro se assistance
28.222
Clerk to be county recorder
28.223
Probate records
28.231
Service charges by clerks of courts
28.235
Advance payments by clerk of circuit court
28.241
Filing fees for trial and appellate proceedings
28.242
Service charges retained when case laid in wrong venue
28.243
Personal liability for accepting checks
28.244
Refunds
28.245
Transmittal of funds to Department of Revenue
28.246
Payment of court-related fines or other monetary penalties, fees, charges, and costs
28.345
State access to records
28.2221
Electronic access to official records
28.2222
Public records capital improvement plan
28.2225
Title fraud prevention through identity verification
28.2401
Service charges and filing fees in probate matters
28.2402
Cost recovery
28.2405
Comprehensive Case Information System
28.2457
Mandatory monetary assessments
28.22205
Electronic filing process

Current through Fall 2025

§ 28.2401. Svc. charges & filing fees in probate matters's source at flsenate​.gov