A new Florida probate law may make a simplified estate process available to more families.

By Ramona S. Chaplin, Esq.

When a loved one dies, families often assume that every estate must go through a lengthy formal probate. That is not always true. Beginning July 1, 2026, Florida law expands several procedures intended to simplify the transfer of smaller estates. The changes may reduce court involvement, expense, and delay in qualifying cases.

The Summary Administration Limit Doubled

Florida’s summary administration process is generally shorter and less involved than formal administration. Under Chapter 2026-57, Laws of Florida, the standard value ceiling increased from $75,000 to $150,000. The calculation generally excludes property that is exempt from creditor claims. An estate may also qualify for summary administration when the person has been deceased for more than two years, regardless of value, provided the statutory requirements are met.

This does not mean that every estate worth less than $150,000 will be simple. The court must still determine who is entitled to receive the assets, whether a valid will exists, how creditors must be addressed, and whether the petition and proposed distribution comply with Florida law.

Other Small-Estate Thresholds Also Increased

The same law made several additional changes effective July 1, 2026:

• A qualifying federal income-tax overpayment that may be refunded directly to a surviving spouse or children increased from $2,500 to $5,000.
• The aggregate amount in certain qualified financial accounts that a financial institution may pay to an eligible family member without a court proceeding increased from $1,000 to $2,000.
• For certain intestate estates, the nonexempt personal-property threshold for a statutory disposition procedure increased from $10,000 to $20,000.

Each option has separate eligibility rules, sworn-statement requirements, creditor protections, and limits. The dollar amount alone does not determine which procedure is appropriate.

Personal Representatives Have Clearer Authority

The new law also strengthens a court-appointed personal representative’s authority. It addresses access to and termination of a decedent’s safe-deposit box lease and expressly allows a personal representative to seek court enforcement of authority granted under the Florida Probate Code. In an enforcement proceeding, the prevailing personal representative may be awarded taxable costs and attorney’s fees as provided by the statute.

What Families Should Do

Before filing anything, gather the original will, death certificate, account statements, deeds, vehicle titles, funeral bills, and a list of known debts. It is equally important to determine how each asset is titled and whether it has a beneficiary designation. Assets held jointly with survivorship rights or payable directly to a named beneficiary may pass outside probate and may not be included in the probate estate.

A probate attorney can help determine whether summary administration, formal administration, disposition without administration, or another transfer method fits the facts. Choosing the correct procedure at the beginning may help prevent rejected filings, disputes, and unnecessary expense.

Speak With a Florida Probate Attorney

If you recently lost a loved one and need help understanding the next step, Ramona S. Chaplin, P.A. can review the estate’s assets, family structure, will, and creditor issues and explain which Florida probate procedure may apply.

Sources

Chapter 2026-57, Laws of Florida (CS/HB 1337): https://laws.flrules.org/2026/57

Florida Senate bill history and final analysis: https://www.flsenate.gov/Session/Bill/2026/1337

Disclaimer: This article is for general informational purposes only and does not create an attorney-client relationship. Florida law and court procedures may change, and the result in any matter depends on its specific facts.