Understanding Attorney Fees for a Will in Florida

What is the average attorney fee for a will?

Attorney fees for a will are agreed between the client and the attorney according to the scope of work. That’s why one average number can mislead you. Two people can ask for very different documents, and the work for each can vary widely.

Many people start thinking about a will after a health scare, a marriage, a divorce, or the birth of a child. If you’re budgeting for one now, it helps to know what moves the price before you decide anything.

The scope of work is the main variable. It covers which documents are requested, how many people and how much property the plan must address, and how much planning is wanted around the will itself. That’s why the question of what the average attorney fee for a will is has no single answer.

For broader background on trust-related questions, read the trust litigation attorney guide.

How much should a will cost from a lawyer?

Fees are set through a fee agreement that describes the work to be done. Read that agreement closely before you sign. It should show what is included and what is not.

Florida’s rule on lawyer fees says general overhead should be accounted for in the lawyer’s fee. Filing fees and similar costs are handled as stated in the written fee agreement, and how they are charged depends on that agreement and applicable Florida law.

A will engagement may cover reviewing your family and asset picture, drafting the will, arranging a proper signing, and discussing how the will fits with your other documents. Whether each step is included depends on the agreement you sign.

Ask about costs you may owe beyond the attorney’s fee, such as filing or recording charges. Ask how the agreement handles them, and get the answer in writing.

Fees and any related charges for a will engagement are agreed between client and attorney according to the scope of work, and how they apply depends on the terms of that agreement, applicable Florida law and the facts of each case. The lawyer may ask for payment for work already done, depending on the contract and the circumstances.

Fees for trust administration or probate work are a separate question. Florida’s statute on compensation for an attorney for a personal representative, Fla. Stat. § 733.6171, addresses that work. It is not the same as drafting a will, and how it applies varies by estate and by court.

What affects the cost of a will?

The scope usually grows with the number of moving parts. A single adult with one state, a clear list of beneficiaries, and no business interests usually has a narrower plan than a blended family, a household with minor children, or a person who owns property in another state.

Several factors can widen the scope. These include business interests and succession questions, real property in more than one state, guardianship nominations for minor children or an incapacitated adult, and a wish to pair the will with a trust. Each adds drafting and review work that the agreement should spell out.

Some clients also ask about a durable power of attorney or health care documents alongside a will. Whether those are included depends on the request and the scope agreed in writing.

Updating an existing will usually costs differently than a first drafting engagement. A review after a major change may involve a narrower set of revisions. The scope still turns on what has changed and what you ask the lawyer to review.

Is it worth paying a lawyer for a will?

Whether it’s worth paying a lawyer depends on your assets, your family, and your goals. There is no universal answer. Some people choose not to use a lawyer for a very simple situation, and that choice has its own considerations.

Florida law sets signing rules. Under Fla. Stat. § 732.502, a will generally requires a writing signed by the testator at the end, subject to exceptions. These include signing by another person in the testator’s presence and at the testator’s direction, and other provisions, such as the rule for wills executed by nonresidents, that may change the result depending on applicable law and the facts of each case. The testator’s signature or acknowledgment must be made in the presence of at least two attesting witnesses, who must sign in the presence of the testator and of each other. The statute also says no particular form of words is needed if the formalities are followed.

The Florida Department of State’s notary FAQ on wills explains Florida’s self-proving-will procedure. It states that self-proving a will can simplify probate.

A lawyer’s role may include checking how the will fits with beneficiary designations on accounts and policies, how property is titled, and whether an existing trust is involved. The effect of those points depends on the governing instrument and applicable Florida law.

What’s the least expensive way to do a will?

A lower-cost engagement usually has a narrower scope. The trade-off is what the document leaves out. A simpler plan may skip a review meeting, a related document, or a plan for future changes, so the savings come with gaps you should understand.

Before you agree to any fee, ask a few questions. Which documents are included? Is a review meeting included? What happens if your family situation changes? Which costs are paid to third parties, such as filing or recording charges?

Scope changes can raise an agreed fee. Settling the scope in writing at the start makes the fee easier to understand and easier to plan around.

What is the biggest mistake with wills?

There is no single biggest mistake, but several common problems come up. Each one is a possibility, not a fixed rule. What it means for a particular estate depends on the governing instrument, applicable Florida law, and the facts of each case.

Whether a will that does not meet Florida’s signing and witnessing requirements raises questions about its validity depends on applicable Florida law and the facts of each case. A document that looks complete can still raise validity questions if the formalities were not followed.

Another is a mismatch between the will and beneficiary designations on accounts or policies. Those designations can pass property outside the will, so the two should be reviewed together.

A third is a will that was not updated after a marriage, divorce, or birth. Under Fla. Stat. § 732.507, a later marriage, birth, or adoption of descendants does not revoke a prior will. Under Fla. Stat. § 732.507(1), a pretermitted child’s or spouse’s share is determined by reference to Fla. Stat. §§ 732.301 and 732.302, and that share may depend on exceptions, such as a provision in the will for that person or a prenuptial agreement, as well as applicable law and the facts of each case. The same section says a will provision affecting a spouse can be void after a divorce, subject to exceptions the statute lists.

Reviewing the will alongside property titles and beneficiary designations is one way people address these possibilities. The scope of that review is set by the engagement.

Talk with Trust Counsel about your will

If you’re drafting a first will, updating one after a major change, or helping a parent who wants to understand what a will involves, a conversation can help you sort out your options. Leslie V. Marenco is the lawyer responsible for the content of this page. Trust Counsel, PL’s only office is in Coral Gables, Florida. We serve clients in Florida, including Aventura.

The firm offers a free first consultation that is confidential and comes with no obligation to continue. You can call (305) 707-7126 or schedule online.