Florida’s New Probate Law: What Changed July 1, 2026
By: George Taylor
The key dollar limits roughly doubled, and personal representatives gained real new tools. Here's what the 2026 changes mean if you're settling an estate.
On July 1, 2026, a new Florida law changed how many estates move through probate. If you are settling a modest estate, or serving as a personal representative, the changes mostly work in your favor: more estates now qualify for Florida's faster, cheaper probate tracks, and personal representatives finally have a remedy when a bank or other party refuses to honor their court-granted authority.
Here is the quick answer: the main dollar limits that decide which probate shortcut an estate can use roughly doubled, and personal representatives gained new enforcement tools. This is an administration post, written for the people actually doing the work of settling an estate.
What are the new dollar limits?
Four figures that steer estates into Florida's simpler probate paths went up, most of them doubling:
| Probate shortcut | Old limit | New limit |
| Summary administration (simplified probate) | $75,000 | $150,000 |
| Small estates settled without administration | $10,000 | $20,000 |
| Bank funds released to family by affidavit | $1,000 | $2,000 |
| Income tax refund claimed without administration | $2,500 | $5,000 |
Your home usually does not count toward the summary administration limit, because homestead is generally protected from creditors (see our post on Florida homestead). That means many estates whose main asset is the house now fit comfortably under the new cap.
Why the Higher Summary Administration Limit Matters
Summary administration is Florida's shortened probate track. It does not require appointing a personal representative, and it is faster and less expensive than full formal administration. Under the old $75,000 ceiling, many middle-class estates were forced into formal administration simply because modest bank and investment accounts crossed the line. Doubling the ceiling to $150,000 lets far more families use the simpler route. The older option still stands too: an estate also qualifies if the person has been deceased for more than two years.
New Power for Personal Representatives
This is the change most likely to matter in practice. When a bank, brokerage, or transfer agent refused to recognize a personal representative's authority, there was often little to do short of costly litigation, with no guarantee of recovering the expense. A new statute, Section 733.6125, changes that. A personal representative can now bring a proceeding to enforce their authority, and the court must award a prevailing personal representative its costs and attorney fees. The court may order those paid by whoever caused the problem. The law also confirms that a personal representative may start such a proceeding, and treats the work as an extraordinary service.
Other Changes Worth Knowing
A few smaller updates round out the law. Banks must now give a personal representative access to a decedent's safe-deposit box once the representative presents letters of administration, must allow the contents to be removed, and must let the representative pay the charges and close the box. The bank-affidavit and tax-refund thresholds in the table above also doubled. And an attorney charging a fee for estate work must give the personal representative a summary of the services performed at the end of the representation.
These changes came out of the Florida Supreme Court's Workgroup on Uncontested Probate Proceedings, and they share a single goal: making uncontested probate faster and less expensive. If you are administering an estate now, it is worth confirming which track your estate qualifies for under the new limits before you assume you need full formal administration.
Serving as a personal representative or trustee is a demanding job with real personal liability. Brinkley Morgan helps Florida fiduciaries administer estates and trusts correctly and with confidence. Contact George Taylor to schedule a consultation.
Based on Chapter 2026-57, Laws of Florida (CS/HB 1337), amending Florida Statutes chapters 655, 733, 734, and 735, effective July 1, 2026. This article is general information, not legal advice.
Frequently Asked Questions
When did Florida's new probate law take effect?
July 1, 2026. It was signed into law in April 2026 as Chapter 2026-57 (CS/HB 1337) and applies to probate handled on or after the effective date.
What is the new summary administration limit in Florida?
An estate can now use summary administration if the assets subject to administration, not counting property exempt from creditors, are $150,000 or less. The prior limit was $75,000. An estate also qualifies if the person has been deceased for more than two years.
Does my house count toward the $150,000 limit?
Usually not. A Florida homestead is generally exempt from creditor claims, so its value is typically excluded from the summary administration calculation. That lets many estates whose main asset is the home qualify for the simpler process.
What can a personal representative do if a bank ignores their authority?
Under the new Section 733.6125, a personal representative can bring a proceeding to enforce their court-granted authority. If they prevail, the court must award their costs and attorney fees and may order the party who caused the problem to pay.
Do these changes affect contested estates or will disputes?
The law is aimed at uncontested probate, so its focus is making routine administration faster and cheaper. A genuine dispute over a will or an estate follows a different path and often calls for separate legal advice.
