Florida offers more than one road through probate. One is short and one is long, and which road an estate takes depends mostly on what the estate is worth. A law that took effect on July 1, 2026 doubling the limit of probate summary administration moved that dividing line a long way.

What Changed on July 1, 2026

The Florida Legislature passed CS/HB 1337, which the Governor signed into law as Chapter 2026-57. The law amends Florida Statute 735.201 and doubles the value limit for probate summary administration from $75,000 to $150,000. Estates once forced into the longer formal process may now qualify for the faster one. Because the change is so recent, it is highly recommended that families handling a death that occurred before July 2026 confirm with a probate attorney which limit applies to the estate.

The Two Ways an Estate Can Qualify for Probate Summary Administration

Florida Statute 735.201 sets out two separate tests, and meeting either one is enough.

The first test looks at value. The value of the entire estate subject to administration in Florida, minus the value of property that is exempt from the claims of creditors, must not exceed $150,000.

The second test looks at time. If the decedent has been dead for more than two years, summary administration is available no matter what the estate is worth. The 2026 law left this path untouched.

A third condition applies when there is a will. If the will directs that the estate be administered as required by Chapter 733, summary administration is off the table regardless of the numbers.

Why Many Estates Are Smaller Than They Look

The limit does not apply to everything the decedent owned. Probate reaches only probate assets, meaning assets held in the decedent’s sole name at death, or held with another person without any provision for automatic transfer at death. A bank or investment account titled only in the decedent’s name is a probate asset. That same account made payable on death to someone else, or held jointly with rights of survivorship, generally is not. Life insurance and retirement accounts with a named beneficiary usually pass outside probate as well.

From that narrower pool, the statute then subtracts property exempt from creditor claims. Consider an estate holding a retirement account worth $400,000 that names a daughter as beneficiary, along with a $70,000 checking account in the decedent’s name alone. Only the checking account is counted, so the estate qualifies comfortably.

What Formal Administration Involves

Estates that clear neither test proceed under Chapter 733. The court appoints a personal representative, Florida’s term for an executor. That person gathers the assets, files an inventory, notifies known creditors, pays valid debts in the order of priority the statute requires, and distributes whatever remains to the beneficiaries.

Creditors receive formal notice and a limited window to file claims. A personal representative who pays claims out of order can be held personally responsible for the mistake. Formal administration takes longer and costs more, but the court supervision and the shortened creditor claim period offer protections that the streamlined process does not.

“A personal representative who pays claims out of order can be held personally responsible for the mistake.”

Other Small Estate Amounts That Went Up

The same law raised several related figures. Intestate estates made up of certain personal property that can be handled without administration rose from $10,000 to $20,000. The largest income tax refund a spouse or child may claim without administration rose from $2,500 to $5,000, and the amount in a qualified account at a financial institution that may be released to a family member by affidavit rose from $1,000 to $2,000. The law also requires financial institutions to give a personal representative access to a decedent’s safe deposit box.

Qualifying Is Not the Same as Choosing

An estate that fits under the new limit is not automatically better served by the shorter process. Unpaid debts, disagreements among heirs, property that is hard to value, or a claim the estate needs to pursue can all make the fuller process the wiser choice. Selecting the wrong track can mean refiling, added expense, and months of delay. It is highly recommended that families speak with an experienced Florida probate attorney before filing rather than guessing at which procedure fits.

Speak With a Florida Probate Attorney

At South Florida Law we help families across South Florida determine which form of probate administration fits their circumstances and guides them through the process. To discuss an estate and how the new qualification amounts apply, call (954) 900-8885 or reach out through our contact form.