Florida law permits probate lawyers to charge fees based upon a percentage of the estate, but in many cases THAT RESULTS IN TOO HIGH A FEE. Many lawyers in Florida charge either a flat fee or "by the hour". Estates vary from very simple to extremely complicated, based on the type of assets owned, the number of beneficiaries, and special conditions in the will. If the decedent owned real property in ten different states, you can be sure the probate costs will be a lot higher than if he or she just owned "liquid" funds in financial institutions. It is not the amount of the estate but the type of assets and complexity of the will that should determine the legal fees in probate cases.