Florida Probate Law Changes Effective July 1, 2026: What Families Need to Know

FL Probate

Florida made several important changes to its probate laws effective July 1, 2026. The new laws expand access to simplified probate procedures, increase several small-estate limits, strengthen the authority of personal representatives, improve access to safe-deposit boxes, and give probate courts greater flexibility when appointing curators.

The principal changes were enacted through CS/HB 1337, Chapter 2026-57, Laws of Florida, and CS/HB 131, Chapter 2026-85, Laws of Florida.

Florida’s Summary Administration Limit Increased to $150,000

The most significant change for many Florida families is the increase in the monetary limit for summary administration.

Before July 1, 2026, an estate could generally qualify for summary administration based on value if the estate subject to administration in Florida—after subtracting property exempt from creditor claims—did not exceed $75,000.

That limit is now $150,000.

An estate may therefore qualify for summary administration when either:

• The value of the estate subject to administration in Florida, less property exempt from creditor claims, is $150,000 or less; or

• The decedent has been dead for more than two years.

The two-year alternative did not change. An estate may qualify for summary administration based on the passage of time even when its value exceeds $150,000, subject to the other statutory requirements.

What is included in the $150,000 calculation?

The limit does not necessarily include everything the decedent owned. The statute focuses on property that is both:

1. Subject to probate administration in Florida; and

2. Not exempt from the claims of creditors.

Assets that pass directly to a joint owner or designated beneficiary may not be probate assets at all. Protected homestead and certain exempt personal property may also be excluded from the statutory calculation.

The classification of property is often more important than its total market value. A person may have owned substantial assets but still leave a probate estate that qualifies for summary administration.

Does an estate automatically qualify if it is under $150,000?

No. The value limit is only one part of the analysis. The court must also consider the will, the nature of the assets, creditor issues, the identity of the beneficiaries, and the relief requested.

A will that directs administration under Chapter 733 may affect whether summary administration is available. Even when an estate technically qualifies, formal administration may still be the more practical procedure.

The Two-Year Rule Was Not Replaced

The increase to $150,000 did not eliminate or replace the existing two-year rule.

A decedent who died two years ago or less may still qualify for summary administration when the applicable estate value is $150,000 or less. Likewise, formal administration is not prohibited merely because the decedent has been dead for more than two years.

The correct procedure depends on more than the date of death. Families should consider whether the estate needs a personal representative, whether assets must be sold or collected, whether creditor claims are expected, and whether disputes exist among interested persons.

Personal Representatives Now Have Express Enforcement Authority

The new law expressly authorizes a Florida personal representative to ask the probate court to enforce the authority granted by the Florida Probate Code.

A personal representative may now institute a proceeding to enforce that authority while acting reasonably for the benefit of interested persons. If the personal representative prevails, the court must award taxable costs, including attorney’s fees.

The court may direct that those costs and fees be paid by:

• A person whose action or failure to act made the enforcement proceeding necessary; or

• A person with an interest in the estate.

The court may also enter a judgment that can be satisfied from property outside the estate. Legal work involving such an enforcement proceeding is now expressly identified as a potential extraordinary service for purposes of attorney compensation.

Why does this change matter?

Personal representatives frequently encounter institutions or individuals who refuse to recognize valid Letters of Administration, withhold estate information, retain estate property, or otherwise interfere with administration.

The new provisions give personal representatives a clearer statutory enforcement mechanism and create potential fee consequences when another person’s action or inaction makes litigation necessary.

The law does not mean that every disagreement automatically results in attorney’s fees. The personal representative must prevail, and the court retains authority to determine who should bear the fees and costs.

Improved Access to Safe-Deposit Boxes

Florida law now places clearer obligations on financial institutions that maintain a decedent’s safe-deposit box.

A financial institution must allow access to a court-appointed personal representative who presents the required Letters of Administration or other qualifying letters of authority. The institution must also:

• Permit the personal representative to remove some or all of the contents;

• Permit accumulated charges to be paid; and

• Allow the personal representative or the personal representative’s attorney to terminate the safe-deposit box lease.

The changes are intended to reduce delays caused when a bank or other lessor refuses to recognize the authority granted by the probate court.

Families should still preserve a careful record of the box’s contents and follow any applicable probate rules, court orders, or institutional procedures.

Small Federal Income Tax Refund Limit Increased to $5,000

Florida also increased the amount of a decedent’s federal income tax overpayment that may be claimed without opening an estate administration.

The limit increased from $2,500 to $5,000.

Under the statute, a refund of up to $5,000 may be paid directly to:

• The surviving spouse; or

• If there is no surviving spouse, one of the decedent’s children designated through an application signed by the qualifying children.

The applicant must satisfy additional statutory requirements concerning the decedent’s debts and must confirm that no formal or summary administration has been started or is planned.

This is a narrow procedure for qualifying federal tax refunds. It does not provide general authority to collect other probate assets.

Bank-Affidavit Limit Increased to $2,000

Florida Statutes section 735.303 provides a limited affidavit procedure through which a qualifying family member may request certain small bank accounts without a court proceeding.

The maximum amount increased from $1,000 to $2,000.

The procedure applies to qualifying depository accounts or certificates of deposit held solely in the decedent’s name without a pay-on-death or other survivor designation. Payment cannot be made earlier than six months after the decedent’s death.

The family member must provide the financial institution with a certified death certificate and a sworn affidavit. Among other things, the affidavit must establish that:

• The applicant falls within the statutory family-member hierarchy;

• The decedent’s qualifying accounts do not exceed the applicable limit;

• No personal representative has been appointed;

• No probate or summary administration has been commenced; and

• The applicant has no knowledge of a will or other agreement controlling distribution.

The person receiving the funds may remain personally liable to creditors and others legally entitled to the money if the payment exceeds that person’s proper share.

Because the limit remains relatively small and the statutory conditions are strict, this procedure will not replace probate in most estates.

Expanded Disposition Without Administration for Certain Intestate Estates

Florida provides a separate procedure for certain very small estates when the decedent died without a will. This is sometimes referred to as disposition of intestate property without administration.

The 2026 law increased the permitted amount of nonexempt personal property from $10,000 to $20,000.

The procedure remains limited. It generally applies when the decedent:

• Died intestate;

• Left only qualifying exempt personal property and limited nonexempt personal property;

• Has been deceased for more than one year; and

• Has no pending estate administration in Florida.

The permitted calculation may also include specified preferred funeral expenses and reasonable and necessary medical and hospital expenses from the last 60 days of the decedent’s final illness.

This procedure is different from both summary administration and formal administration. It is available only in the specific circumstances described by the statute.

Expanded Authority to Appoint Curators of Estates

A curator is a court-appointed fiduciary who temporarily protects or manages estate property when a personal representative has not yet been appointed, cannot continue serving, or must be replaced.

Effective July 1, 2026, Florida courts have broader flexibility to appoint curators. The new law provides that:

• A court may appoint a curator at any time, with notice to other interested persons as the court considers appropriate.

• A curator may be appointed without notice when there is significant danger that estate property will be wasted, destroyed, or removed from the court’s jurisdiction and giving notice would delay the appointment.

• In another proper case, the court may appoint a curator when necessary to protect the estate or the decedent’s heirs.

The prior statutory standard referred to a “great danger” to the property. The new standard uses “significant danger,” giving courts greater flexibility to intervene before estate property is lost or damaged.

New Bond and Reporting Requirements for Curators

The curator law also changes bond and court-reporting requirements.

Unless the court waives the requirement, a curator must now post a reasonable bond in an amount determined by the court. Banks and trust companies serving as curators remain exempt from the bond requirement.

When the court considers reports necessary, the curator must file reports explaining the actions taken in managing the estate. The court must review those reports and may require:

• More frequent reporting;

• Additional supporting documents; or

• Other information necessary to protect the estate.

Curators remain subject to removal and surcharge by the court if they fail to perform their duties properly.

Summary Administration Is Not Always the Best Choice

The higher $150,000 limit will allow more families to consider summary administration, but qualification does not necessarily mean it is the best procedure.

Formal administration may still be preferable when the estate:

• Needs a personal representative with Letters of Administration;

• Owns property that must be sold, managed, repaired, insured, or recovered;

• Has substantial or uncertain creditor claims;

• Includes an operating business;

• Requires tax filings or tax elections;

• Involves litigation or disputed ownership;

• Has missing, uncooperative, or conflicting beneficiaries; or

• Requires investigation of transfers made before death.

Summary administration can be faster and less expensive in the right case, but it does not provide a court-appointed personal representative with the broad authority available in formal administration.

What the 2026 Changes Mean for Florida Families

The July 1, 2026 changes are intended to make uncontested probate proceedings more efficient and reduce unnecessary court involvement in smaller estates. More estates may now qualify for summary administration, and additional small assets may be collected without opening a full probate proceeding.

At the same time, the laws provide stronger remedies when a personal representative’s authority is disregarded and give probate courts more tools to protect estate property through the appointment and supervision of curators.

Determining the correct procedure requires a review of the decedent’s assets, title documents, beneficiary designations, debts, family circumstances, date of death, and estate-planning documents.

Speak With a Florida Probate Attorney

The Warnock Law Group assists personal representatives, beneficiaries, surviving spouses, and families with formal administration, summary administration, disposition without administration, ancillary probate, homestead proceedings, and other Florida estate matters.

Before filing a probate petition, it is important to determine which assets are actually subject to probate and which procedure provides the most efficient and legally appropriate path forward.

This article provides general information about Florida law and is not legal advice. Probate outcomes depend on the specific facts of each estate, applicable court rules, and local court procedures.