Effective July 1, 2026, Florida enacted significant updates to its probate laws through House Bill 1337, now Chapter 2026-57, Laws of Florida. The legislation implements recommendations intended to make certain uncontested estate matters more efficient for families, beneficiaries, and personal representatives.
The changes include a higher threshold for Summary Administration, a new procedure for certain small intestate estates, increased limits for certain payments to family members, and additional authority for personal representatives dealing with financial institutions.
Here is what Florida families and personal representatives should understand about the 2026 probate law changes.
Higher Threshold for Summary Administration (Fla. Stat. § 735.201)
One of the most significant changes under HB 1337 is the increase in the estate-value threshold for Summary Administration. Before July 1, 2026, the threshold was $75,000. Under the amended Fla. Stat. § 735.201, Summary Administration may be available when the value of the entire estate subject to administration in Florida, less the value of property exempt from creditors' claims, does not exceed $150,000.
There is also a separate eligibility route when the decedent has been dead for more than two years. For a testate estate, the will must not direct administration as required under Chapter 733. Other procedural requirements apply, including petition and creditor-related requirements.
Effective-date consideration: Chapter 2026-57 took effect July 1, 2026. If the decedent died before that date, do not assume that the amended $150,000 threshold applies simply because a petition is filed after July 1. The applicability of the amended provision should be evaluated under the legislation's effective-date provisions and the circumstances of the particular estate.
The value is not necessarily the decedent's total net worth. Property that passes outside probate, such as certain jointly owned assets or assets with valid beneficiary designations, may not be part of the estate subject to administration.
Summary Administration is generally a more streamlined court process than Formal Administration, but it is still a probate proceeding. It involves a court petition and an order distributing estate assets. It does not eliminate every filing, creditor issue, or expense.
For a broader discussion of how estate planning may help reduce the need for probate, read our guide on why estate planning may cost less than probate in Florida.
Why this matters: Raising the threshold from $75,000 to $150,000 may allow more estates to qualify for Summary Administration. However, eligibility depends on the assets subject to administration, exempt property, the terms of any will, the decedent's date of death where relevant, and the other statutory requirements.
New Small-Estate Procedure for Certain Intestate Estates (Fla. Stat. § 735.304)
HB 1337 also increased the limit for a particular procedure involving certain small estates in which the decedent died without a will. The updated procedure is found in Fla. Stat. § 735.304, not § 735.301.
Under this procedure, qualifying nonexempt personal property may have a value of up to $20,000, in addition to the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses from the last 60 days of the decedent's last illness.
This procedure is limited. Among other requirements:
- The decedent must have died intestate, meaning without a will.
- The estate must consist only of the categories of personal property specified in the statute, including exempt property and qualifying nonexempt personal property.
- The decedent must have been deceased for more than one year.
- No administration of the decedent's estate may be pending in Florida.
- The required heir affidavit, creditor search, notice, and other statutory procedures must be followed.
If the statutory requirements are met, an heir may request distribution through an affidavit procedure, and the court may authorize the transfer of the qualifying personal property. This is not a general $20,000 exemption from probate for every estate, and it does not apply to estates with real estate or to every estate involving a will.
Higher Limit for Certain Federal Income Tax Refunds (Fla. Stat. § 735.302)
The law also increased the maximum federal income tax refund that may be paid to certain family members without administration of the decedent's estate from $2,500 to $5,000.
Under Fla. Stat. § 735.302, this procedure may allow a federal income tax overpayment refund to be paid directly to a surviving spouse or, if there is no surviving spouse, to a designated child under the statutory application requirements.
This is not an automatic payment. The application must satisfy statutory conditions concerning the decedent's debts, provision for creditors, and whether probate or Summary Administration has been initiated or is planned.
Higher Limit for Certain Bank Accounts (Fla. Stat. § 735.303)
Florida also increased the amount that may be paid to certain family members from qualifying bank accounts without a court proceeding from $1,000 to $2,000.
Under Fla. Stat. § 735.303, a financial institution may pay funds from qualifying accounts held solely in the decedent's name, without a payable-on-death or other survivor designation, to an eligible family member if the statutory requirements are satisfied.
The law limits who may receive the funds. Depending on the surviving family members, the eligible person may be the surviving spouse, an adult child, an adult descendant, or a parent. The total funds in the decedent's qualifying accounts at all financial institutions known to the applicant must not exceed $2,000. The financial institution may not make the payment earlier than six months after the decedent's death.
A certified death certificate and sworn affidavit are required. The affidavit also includes statements about the absence of an appointed personal representative or pending probate proceeding, the applicant's knowledge of a will or other distribution document, and the applicant's responsibilities concerning creditors and other persons entitled to the funds.
Personal Representatives Gain Clearer Access to Safe-Deposit Boxes
HB 1337 also amended Florida's financial institution laws to address access to a decedent's safe-deposit box.
Under Fla. Stat. § 655.933, a financial institution generally must allow a personal representative access to a safe-deposit box when the representative presents a copy of the Letters of Administration, subject to the statutory provisions and any applicable terms expressly provided in the lease or governing writings.
The related amendment to Fla. Stat. § 655.936 also addresses the personal representative's ability to pay accumulated charges and terminate the safe-deposit box lease.
This can help a court-appointed personal representative locate and secure property and documents needed for estate administration. It does not give every relative or potential beneficiary an independent right to enter the safe-deposit box.
Enforcement When a Personal Representative's Authority Is Challenged
Another change addresses situations in which a person or institution does not recognize a personal representative's authority under the Florida Probate Code.
HB 1337 amended provisions including Fla. Stat. § 733.106 to address proceedings involving a personal representative's authority and the recovery of certain taxable costs and attorney fees.
This gives personal representatives a clearer statutory path to seek enforcement when their authority is improperly challenged. It does not mean every disagreement with a bank, brokerage firm, or other institution automatically results in an award of attorney fees. The availability of relief depends on the applicable statute and circumstances of the proceeding.
What Did Not Change Under the New Law
Although HB 1337 expands certain simplified procedures, it does not eliminate the need to evaluate each estate individually. Several important principles remain:
- Summary Administration is still probate. The process requires a court petition and an order distributing estate assets. It is not the same as avoiding probate altogether.
- The $150,000 threshold is not based on total net worth. The statute looks at the estate subject to administration in Florida, less property exempt from creditors' claims.
- The two-year eligibility route remains separate. An estate may qualify for Summary Administration if the decedent has been dead for more than two years, even if the estate exceeds the monetary threshold, subject to the other statutory requirements.
- Creditor rights and notice requirements still matter. Summary Administration and other simplified procedures have their own requirements for identifying, notifying, and addressing creditors.
- Florida homestead protections remain important. Constitutional homestead rules and restrictions on devising homestead property continue to apply. See Fla. Stat. § 732.4015. You can also read our comparison of wills and revocable living trusts.
What These Florida Probate Changes Mean for Families
The 2026 changes may make certain estate administration matters more manageable, particularly for families dealing with smaller estates or personal representatives who need access to estate property and financial information.
But simplified probate procedures are not a substitute for planning. Whether an estate qualifies depends on the type of assets involved, how those assets are titled, whether a will exists, creditor issues, the decedent's date of death where relevant, and the applicable statutory requirements.
Estate planning can address these issues before they arise. A properly prepared and funded revocable living trust may help certain assets pass outside probate, while a will, durable power of attorney, healthcare surrogate designation, and living will address other important parts of a family's plan.
If you are administering a loved one's estate or want to understand how these changes may affect your own planning, Marissa Petillo Law helps Florida families understand their estate planning and probate options. Visit our Florida Revocable Living Trust page or explore our Florida Last Will and Testament guide.
Sources and Legal References
- CS/HB 1337 (2026), Chapter 2026-57, Laws of Florida
- Fla. Stat. § 735.201 (Summary Administration)
- Fla. Stat. § 735.304 (Disposition without administration of intestate property in small estates)
- Fla. Stat. § 735.302 (Certain federal income tax refunds)
- Fla. Stat. § 735.303 (Payment to successor without court proceedings)
- Fla. Stat. § 655.933 (Access to safe-deposit boxes)
- Fla. Stat. § 655.936 (Delivery of safe-deposit box contents to personal representative)
- Fla. Stat. § 733.106 (Costs and attorney fees)
- Fla. Stat. § 732.4015 (Devise of homestead)
- Florida Senate 2026 Bill Summary for HB 1337
Published July 25, 2026 | Last reviewed November 2, 2026
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Every estate is unique, and you should consult an attorney regarding your specific circumstances.
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