Guardianship & Marchman Act Matters | Miami-Dade & South Florida
Plenary Guardianship Court Filing Fees in Florida: What to Expect Before You File
Court costs and attorney fees can be hard to predict when a family is already under pressure. Here is a clear overview of the costs involved in a plenary guardianship, and how to plan for them.
By Richard J. Casey III, Esq. · Published October 20, 2026
Plenary guardianship court filing fees are only one part of what a Florida family may pay. A plenary guardianship asks a court to appoint a guardian to handle a person’s decisions. The costs start at filing and continue for years after the judge rules. This page explains each cost, who pays it, and which Florida law controls it.
Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families in Miami-Dade, South Florida, and statewide. Richard J. Casey III, Esq. is the responsible attorney for this page.
What are the court filing fees and ongoing costs associated with plenary guardianship?
A plenary guardianship has one-time costs at the start and ongoing costs after a guardian is appointed. Start-up costs include the clerk’s filing fee and the examination of the person’s capacity. Ongoing costs include bond costs, audit fees, and yearly reports.
Florida statutes, the clerk’s fee schedule, and court orders set the framework. The amount in any single case depends on the facts of that case. Costs usually arise in this order:
- Petition filing, notice, and service.
- The incapacity examination.
- Fees for the court-appointed attorney and the examining committee.
- Compensation for the attorney and the guardian, approved by the court.
- Bond, inventory, and annual reports after appointment.
Each section below names who pays each cost and the law behind it.
If you're weighing a plenary guardianship for someone you love, you don't have to sort out these costs alone. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Court Filing and Petition Costs at the Start of a Plenary Guardianship
Filing the petition brings a clerk’s filing fee. Plenary guardianship court filing fees are separate from attorney fees, which the court reviews later. The clerk sets the current amount, and the firm can confirm the figure for the county where the petition would be filed.
Florida Probate Rule 5.560 requires the petition to state the facts that set venue. The petition must be verified. It must also say whether the guardianship sought is plenary or limited, under Fla. Stat. § 744.334.
Notice and service add their own costs. The notice must go to the alleged incapacitated person, the attorney appointed for that person, and the next of kin. Fla. Stat. § 744.105 lets the court award costs and direct which part of the ward’s property pays them.
Keep every clerk receipt and service invoice in one file. You’ll need them later.
Incapacity Examination and Court-Appointed Professional Costs
The court must appoint an examining committee of three members within 5 days after a petition is filed. One member must be a psychiatrist or other physician.
The attending or family physician usually cannot serve on the committee. Good cause can change that. If that physician is available, the committee must consult him or her.
The court sets reasonable fees for the committee and for the attorney appointed for the alleged incapacitated person. Reports go to the petitioner and that attorney within 3 days. They must reach everyone at least 10 days before the hearing, unless the parties waive that rule.
If representation would otherwise be inadequate, the court may appoint a guardian ad litem. Florida Probate Rule 5.120 governs that appointment.
A common question is who pays these professionals. Costs can come from the person’s property when the court directs.
Attorney Fees and Guardian Compensation: Who Pays and How the Court Approves It
A guardian, and an attorney who serves the ward or the guardian, may receive a reasonable fee for services.
The court must consider several factors. These include time and labor, how difficult the questions were, the fee customarily charged locally, the value of the person’s property, and the results obtained.
Every fee request needs an itemized description of the services performed. Prior notice must go to the guardian and the ward, unless the ward is a minor or totally incapacitated.
Usually, the guardianship estate pays these fees. The court decides, and when proceedings are instituted to review or determine a guardian’s or attorney’s fees, the estate pays those costs unless the court finds the requested compensation substantially unreasonable.
When an attorney also serves as guardian, the court must separate legal fees from guardian fees. It must also confirm that no conflict of interest exists.
Annual reports show what the guardian received. Both a family guardian and a professional guardian must declare all remuneration from any source. Fla. Stat. § 744.367 requires that declaration.
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Ongoing Costs After Appointment: Bonds, Inventories, and Annual Accountings
A guardian of the property must post a bond before acting. The guardian must also file a verified inventory and yearly accountings.
The court fixes the bond amount. It must cover cash on hand and deposits belonging to the person, plus certain other property. Fla. Stat. § 744.351 sets this rule. The court may change the amount for good cause, or waive the bond for compelling reasons.
The verified inventory lists property, liens, claims, and income such as Social Security and pensions. Fla. Stat. § 744.365 requires it. When the ward’s property exceeds $25,000, the guardian shall pay from the ward’s property to the clerk of the circuit court a fee of up to $85, upon filing of the verified inventory. On the guardian’s petition, the court may waive the fee upon a showing of insufficient funds in the ward’s estate. No audit fee applies below $25,000.
Annual accountings are due April 1 each year, unless the court requires a fiscal-year basis. Fla. Stat. § 744.367 sets that date.
Keep receipts and proof of payment for every expense. Keep them for 3 years after discharge.
Planning for Plenary Guardianship Costs in Miami-Dade and South Florida
Split your costs into two groups: one-time costs and ongoing costs. Plan for each group. Many readers are adult children or spouses who have noticed a loved one missing bills or making risky money choices. Now they’re weighing whether a plenary guardianship is the right path, and what plenary guardianship court filing fees will mean for the family.
One-time costs include the filing fee, the examination, notice and service, and the bond. Ongoing costs include annual accountings, audit fees, and any fee petitions. The petition’s choice between plenary and limited guardianship shapes these costs.
Time also matters. The court weighs time and labor when it reviews fees under Fla. Stat. § 744.108.
Frequently Asked Questions
Who pays the attorney fees in a guardianship?
The court determines reasonable fees under the statutory criteria. When court proceedings are instituted to review or determine guardian or attorney fees, those costs are paid from the assets of the guardianship estate unless the court finds the requested compensation substantially unreasonable. They are generally paid from the guardianship estate.
Does a guardian have to post a bond?
A guardian of the property must post a bond before acting. The court may waive it for compelling reasons.
Are there audit fees?
Yes.
If you’re weighing a plenary guardianship for someone you love, you don’t have to sort out these costs alone. Call (561) 849-4700 to talk with Robinson Casey, or use the Robinson Casey contact page. The first consultation is free, confidential, and without obligation to continue.
Why Families Work With Robinson Casey
Focused Practice
Robinson Casey focuses on Marchman Act petitions and guardianship matters, so our attention stays on the cases families bring to us.
Clear Cost Discussions
We explain the court filing and other expenses that may apply to your matter so you can plan with fewer surprises.
Confidential Free Consultation
Your first consultation is free, confidential, and carries no obligation to continue.
Support for Families
Our team supports families across South Florida and throughout the state through each step of the court process.
Plan Ahead for Court Costs
Filing fees, service costs, and professional fees can all add to the total cost of a guardianship. Asking about these expenses early helps you avoid delays and financial strain later.
Common Cost Categories in Guardianship Cases
Court Filing Costs
Fees charged by the court to open and process a guardianship petition. Amounts can vary depending on the type of petition and the county where it is filed.
Professional Fees
Attorney and related fees for preparing filings, appearing in court, and handling the steps required by the case.
Other Case Expenses
Costs that may arise during the process, such as service of notice, required reports, or other administrative items.
Questions to Ask Early
Before you file, ask what costs apply, what is estimated, and what may change as the case moves forward.
Have Questions About Guardianship Costs? Talk With Robinson Casey.
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Related practice areas
- Plenary Guardianship Timeline in Florida: Key Steps