Florida probate law is changing in a way that may help many families avoid a longer and more expensive formal probate administration.
CS/HB 1337, now Chapter 2026-57, was approved by the Governor and takes effect July 1, 2026. The law updates several parts of Florida’s probate process, including the rules for summary administration, small estates, financial institution access, and enforcement of a personal representative’s authority.
For many families, the biggest change is simple: the summary administration threshold increases from $75,000 to $150,000.
What Is Summary Administration?
Summary administration is a simplified Florida probate process. It is often faster and less expensive than formal administration because the court does not appoint a personal representative, and Letters of Administration are not issued.
Before this change, an estate could generally qualify for summary administration if:
- The value of the estate subject to administration in Florida, less exempt property, did not exceed $75,000, or
- The decedent had been deceased for more than two years.
Effective July 1, 2026, the dollar threshold increases to $150,000. The two year rule remains in place.
What Counts Toward the $150,000 Limit?
The $150,000 limit does not necessarily mean the total value of everything the person owned. The law looks at the estate subject to administration in Florida, less property that is exempt from creditor claims.
Assets that may pass outside probate, or may not count the same way, can include:
- Homestead property
- Life insurance with a named beneficiary
- Retirement accounts with beneficiaries
- Payable on death or transfer on death accounts
- Joint accounts with rights of survivorship
- Assets already titled in a trust
This is why a person may own a home and still have an estate that qualifies for summary administration. The important question is not just the gross value of everything owned. The important question is what assets actually require probate and how those assets are treated under Florida law.
Why This Matters for Florida Families
The prior $75,000 limit was often too low for modern estates. A modest bank account, several vehicles, or an investment account could push an estate into formal administration even when the estate was not complicated.
The new $150,000 threshold may allow more families to use summary administration when the estate is uncontested, the assets are limited, and there is no need for a personal representative to actively manage estate property.
That can mean:
- A shorter probate process
- Lower legal and administrative costs
- Less court involvement
- Faster distribution of assets
- A simpler path for families dealing with a loved one’s estate
Summary administration is still a court process, and it still requires proper filings, notice, creditor review, and a court order. It is simpler than formal administration, but it should not be treated as automatic.
Other Small Estate Changes in the New Law
The 2026 update does more than increase the summary administration threshold.
The law also increases the amount of a federal income tax refund that may be paid directly to a surviving spouse or child from $2,500 to $5,000.
It increases the amount certain financial institutions may pay to a qualifying family member without a court proceeding from $1,000 to $2,000, subject to the statutory requirements.
It also increases the nonexempt personal property limit for certain intestate small estates using disposition without administration from $10,000 to $20,000.
These changes are intended to reduce the need for formal court involvement when the estate is small and the family only needs to resolve limited assets.
Stronger Tools for Personal Representatives
The new law also helps personal representatives when banks, financial institutions, or other parties refuse to cooperate.
CS/HB 1337 gives a personal representative clearer authority to ask the court to enforce the personal representative’s powers under the Florida Probate Code. It also creates a new fee provision allowing the court to award taxable costs and attorney fees to a prevailing personal representative in certain enforcement proceedings. The court may direct payment from a person whose action or inaction made the enforcement proceeding necessary.
This is important because personal representatives often deal with banks, brokerages, or other institutions that request unnecessary documents, delay access, or refuse to honor Letters of Administration. The new law gives personal representatives stronger tools to address those problems.
Safe Deposit Box Access
The law also updates safe deposit box access. A financial institution must allow access to a safe deposit box by a personal representative who presents Letters of Administration. The law also allows the personal representative or the personal representative’s attorney to pay accumulated charges and terminate the lease.
This change should reduce delays when important documents, property, or estate information are located in a safe deposit box.
Does This Mean Everyone Can Avoid Formal Probate?
No. Formal administration will still be necessary in many cases.
Formal probate may still be required when:
- The estate exceeds the summary administration threshold
- A personal representative needs Letters of Administration
- There are disputes between beneficiaries
- There are creditor issues
- Real estate, business interests, or financial accounts require active management
- The estate involves litigation or contested issues
- The will requires formal administration
The right probate process depends on the estate’s assets, debts, beneficiaries, and practical needs.
Does This Replace Estate Planning?
No. The new law may make probate easier for some families, but it does not replace good estate planning.
A properly funded revocable trust can still avoid probate for trust assets. Beneficiary designations, lady bird deeds, joint ownership planning, and proper account titling can also reduce or eliminate the need for probate.
The 2026 law makes probate less burdensome in some cases. It does not make probate the goal.
Talk to a Central Florida Probate Attorney
If you recently lost a loved one, or if you are trying to determine whether an estate qualifies for summary administration, Patriot Legal Group can help.
Our probate attorneys assist families throughout Central Florida with summary administration, formal administration, ancillary probate, creditor issues, beneficiary disputes, and estate administration planning.
To speak with a probate attorney, contact Patriot Legal Group in Orlando or Auburndale.