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Florida Probate Just Got Easier: What Florida's New Probate Law Means for Families

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July 1, 2026 •  Emily Hicks Law, PLLC
Beginning July 1, 2026, several important changes to Florida's probate laws are making estate administration easier, faster, and less expensive for many families. Here are the changes Florida families should know about.

Beginning July 1, 2026, several important changes to Florida's probate laws are making estate administration easier, faster, and less expensive for many families.

The changes come from CS/HB 1337 (Chapter 2026-57, Laws of Florida), legislation developed from recommendations of the Florida Supreme Court's Workgroup on Uncontested Probate Proceedings. The goal is simple: reduce unnecessary court involvement while giving personal representatives better tools to administer estates efficiently.

Here are the changes Florida families should know about.

1. More Estates Now Qualify for Simplified Probate

Perhaps the biggest change is the expansion of summary administration, Florida's simplified probate process.

Prior to July 1, 2026, estates generally qualified only if the value of the probate estate (excluding exempt property) was $75,000 or less.

Under the new law, that threshold has doubled to $150,000.

For many families, this means:

  • Less court involvement
  • Lower legal costs
  • Faster distribution of assets
  • No need to appoint a personal representative in many cases

Summary administration remains available regardless of estate value when the decedent has been deceased for more than two years. The increased threshold simply allows many more recent estates to qualify under Florida Statute § 735.201.

2. Small Estates Can Be Handled More Easily

The Legislature also modernized several outdated dollar limits throughout the Probate Code.

Effective July 1, 2026:

  • The value of certain intestate estates that may be disposed of without administration increases from $10,000 to $20,000.
  • A surviving spouse or child may collect up to $5,000 in an income tax refund without opening a probate estate, up from $2,500.
  • Financial institutions may release up to $2,000 from certain qualified accounts using the existing affidavit procedure, up from $1,000.

These updates recognize that the previous limits had not kept pace with inflation or the realities of modern estate administration.

3. Personal Representatives Have Stronger Authority When Financial Institutions Refuse to Cooperate

One of the less publicized—but potentially most significant—changes strengthens the authority of Florida personal representatives.

Under the new law, if a bank, financial institution, or other third party improperly refuses to recognize the authority of a duly appointed personal representative, the personal representative may ask the probate court to enforce that authority.

Even more importantly, the court is generally required to award taxable costs and attorney's fees when enforcement proceedings become necessary.

This gives personal representatives much stronger legal leverage when institutions unnecessarily delay or refuse to cooperate with estate administration, helping beneficiaries receive assets more quickly and discouraging needless disputes. The legislation also expands the types of issues a probate court may resolve in these proceedings.

4. Improved Access to Safe Deposit Boxes

The legislation also clarifies procedures involving leased safe deposit boxes, making it easier for authorized personal representatives to obtain access when necessary to identify and safeguard estate assets.

While this may sound like a small procedural update, it can prevent delays when important estate planning documents, stock certificates, jewelry, or other valuables are stored in a safe deposit box.

What Does This Mean for Florida Families?

For many estates, these reforms will translate into:

  • Faster probate administration
  • Lower costs
  • Fewer court proceedings
  • Better cooperation from financial institutions
  • Simpler administration of smaller estates

However, it's important to remember that probate is still probate. Even with these improvements, assets titled solely in a deceased person's name may still require court involvement.

The most effective way to minimize probate remains thoughtful estate planning. Properly funded revocable living trusts, beneficiary designations, jointly owned assets where appropriate, and other planning tools can often avoid probate altogether.

The Bottom Line

CS/HB 1337 represents one of the most significant updates to Florida's uncontested probate procedures in years. By increasing the summary administration threshold, modernizing outdated financial limits, and strengthening the authority of personal representatives, the Legislature has made the probate process more efficient for many Florida families.

If you've recently lost a loved one—or if you're planning your own estate—it's worth reviewing how these changes may affect your situation. An experienced Florida estate planning and probate attorney can help determine whether your estate may qualify for these new streamlined procedures and whether additional planning could help your family avoid unnecessary probate in the future.

Are you ready to plan? Book a call today.


References

  • CS/HB 1337 (2026), Chapter 2026-57, Laws of Florida.
  • Florida Statutes §§ 735.201–735.2063 (Summary Administration), as amended effective July 1, 2026.
  • Florida Statutes §§ 733.6125 and 733.6171, as amended by CS/HB 1337.
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