Effective July 1, 2026, Florida has made several important changes to its probate laws that will simplify estate administration for many families and personal representatives.
House Bill 1337 updates Florida's probate code by increasing the thresholds for simplified probate proceedings, expanding the authority of personal representatives, and addressing common delays encountered during estate administration. The legislation implements recommendations from The Workgroup on Uncontested Probate Proceedings Report, recognizing that uncontested probate cases account for more than 94% of Florida's probate filings.
Here's what Florida families should know.
Higher Threshold for Summary Administration
One of the most significant changes is the increase in the maximum value of estates eligible for summary administration.
Previously, estates valued at $75,000 or less (excluding exempt property) could generally qualify for summary administration. Under the new law, that threshold has increased to $150,000.
Why this matters: Summary administration is typically faster, less expensive, and involves fewer procedural requirements than formal administration. By doubling the eligibility threshold, more estates can take advantage of this streamlined process.
Increased Limit for Disposition Without Administration
The law also doubles the value of certain small intestate estates that may qualify for Disposition Without Administration.
The maximum amount of nonexempt personal property has increased from $10,000 to $20,000.
For qualifying estates, this can provide an even simpler method of transferring assets without opening a full probate administration.
Personal Representatives Gain Additional Authority
H.B. 1337 also strengthens the authority of personal representatives in two important ways.
Access to Safety Deposit Boxes
The new law expressly authorizes personal representatives to access a decedent's safety deposit box. This helps representatives locate important estate planning documents, valuables, and other property necessary to administer the estate efficiently.
Enforcement When Financial Institutions Refuse Letters of Administration
A common frustration during probate occurs when a bank, brokerage firm, or other asset custodian refuses to recognize valid Letters of Administration.
The new law gives personal representatives the ability to bring an enforcement action if a custodian improperly refuses to honor valid Letters of Administration.
This change should help reduce unnecessary delays and encourage financial institutions to cooperate promptly with properly appointed personal representatives.
Why These Changes Matter
Florida has one of the nation's largest and fastest-growing senior populations. As probate filings continue to increase, lawmakers have sought practical ways to reduce delays while maintaining appropriate protections for beneficiaries and creditors.
These updates should:
- Allow more families to use simplified probate procedures.
- Reduce the cost and time required to administer modest estates.
- Give personal representatives clearer authority to carry out their duties.
- Help minimize unnecessary disputes with financial institutions.
- Improve the overall efficiency of Florida's probate courts.
What This Means for Florida Families
If a loved one passes away after July 1, 2026, these new rules may make the probate process simpler than it would have been under prior law. Whether an estate qualifies for summary administration or formal administration still depends on its specific facts, including the nature and value of the assets involved.
If you have questions about administering a Florida estate or want to determine the most efficient probate option available, consulting with an experienced Florida probate attorney can help ensure the estate is handled properly and in accordance with the updated law.
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.
