Losing a loved one is never easy, and dealing with probate can make an already difficult time even more stressful. Fortunately, a recent change to Florida probate law may simplify the process for many heirs.

Effective July 1, 2026, Florida increased the maximum estate value eligible for summary administration from $75,000 to $150,000 under CS/HB 1337. This significant update means that more estates may qualify for Florida’s streamlined probate process, potentially saving heirs both time and money.

While the law does not eliminate probate or automatically qualify every estate for summary administration, it expands access to a simplified process that may benefit many Florida families. If you’re settling the estate of a loved one, understanding how this law works can help you make informed decisions and avoid unnecessary delays.

What Is Summary Administration?

Summary administration is a simplified form of probate available in certain Florida estates. Compared to formal administration, it generally involves fewer court filings, less paperwork, and a shorter probate process.

Prior to this change to the law, an estate generally qualified for summary administration if:

The value of the probate estate was $75,000 or less, excluding exempt property; or
The person had been deceased for more than two years.

With the new law now in effect, the value threshold has doubled to $150,000, allowing many more estates to qualify for this simplified process.

Exempt property includes the deceased’s homestead (i.e., primary residence), which can be of any value and still qualify for summary administration (so long as any additional probate assets do not exceed $150,000).

Although summary administration is often faster than formal administration, it still requires court approval and compliance with Florida probate laws. The estate must meet the legal requirements, and the necessary documents must be properly prepared and filed.

Why Was the Law Changed?

The update is part of broader efforts to modernize Florida’s probate system and improve the handling of uncontested estates.

Over time, rising property values and inflation meant that many relatively modest estates no longer qualified for summary administration, even though they were otherwise straightforward. This meant that many families had to go through the more time-consuming and expensive formal administration process.

By increasing the threshold to $150,000, the Florida Legislature expanded access to summary administration for more estates while helping reduce unnecessary court proceedings in qualifying cases.

What Does This Mean for Heirs?

For many heirs, the new law could make settling an estate faster and significantly easier.

If an estate qualifies for summary administration, there is often:

Fewer court filings
Lower administrative costs
Less paperwork
A shorter overall probate timeline
A simpler process for transferring certain assets

That doesn’t mean probate becomes automatic or that every estate will qualify. However, the higher threshold creates more opportunities for heirs to use a simplified process instead of formal administration.

This can be especially helpful when the estate consists primarily of a home, bank accounts, or other assets.

For heirs who are already managing funeral arrangements, financial matters, and other responsibilities after the loss of a loved one, a less complicated probate process can help reduce some of the administrative burden.

Does Every Estate Under $150,000 Qualify?

No, this change does not mean all estates under the new threshold qualify. Other legal requirements still apply.

For example, determining whether an estate qualifies may involve reviewing:

The value of probate assets
Whether certain assets pass outside of probate
Outstanding creditor claims
Whether the required probate documents have been properly prepared
Other requirements under Florida probate law

Every estate should be evaluated individually, especially when real estate, multiple beneficiaries, or creditor issues are involved.

What Assets Count Toward the Limit?

One area that often causes confusion is determining which assets count toward the summary administration threshold.

Some assets pass directly to beneficiaries without going through probate, including certain:

Life insurance policies with named beneficiaries
Retirement accounts with designated beneficiaries
Jointly owned property with rights of survivorship
Payable-on-death or transfer-on-death accounts

Other assets may still require probate, such as:

Real estate titled solely in the decedent’s name
Bank accounts without beneficiary designations
Certain investment accounts
Personal property owned individually

Because every estate includes different assets, determining whether summary administration is available is not always as simple as adding up account balances.

When Formal Administration May Still Be Necessary

Even after the law change, many estates will still require formal administration.

For example, formal probate may still be appropriate if:

The estate exceeds the $150,000 threshold and the deceased has passed away less than two years ago.
The estate includes complex assets or business interests.
Creditor claims need to be resolved.
There are disputes among beneficiaries or heirs.
A personal representative needs broader authority to manage the estate (such as to file a wrongful death lawsuit).

In some situations, formal administration may simply be the better fit based on the complexity of the estate, regardless of its value.

Why Legal Guidance Still Matters

Although the new law makes summary administration available to more estates, probate can still involve important legal questions.

For example:

Which assets are subject to probate?
Does the estate qualify for summary administration?
Are there outstanding creditor issues?
Does real estate need to be transferred?
Have all required probate documents been prepared correctly?

Mistakes during probate can create unnecessary delays or additional expenses. Working with an experienced probate attorney can help ensure the estate is handled properly and that all legal requirements are met.

An attorney can also help identify potential issues before they become larger problems, making the overall process more efficient for heirs.

How the New Law May Affect Florida Real Estate

For many Florida families, the largest asset in an estate is the family home. When real estate must pass through probate, the type of administration can affect how quickly property may be sold or transferred to heirs.

It is good to know that Florida’s $150,000 summary administration threshold counts only the assets subject to administration, less property exempt from creditors’ claims — and a decedent’s protected homestead is exempt under the Florida Constitution. So the primary residence generally doesn’t count against the limit, and estates that look far too large on paper often still qualify.

Of course, every property is different. Issues involving homestead property, mortgages, title concerns, creditor claims, or multiple heirs may still require careful legal review before any transfer takes place.

Preparing for Probate After Losing a Loved One

If you’ve recently lost a family member, gathering important information early can help make the probate process smoother.

Helpful documents include:

The original Last Will & Testament, if one exists
Deeds to real estate
Bank and investment account information
Mortgage statements
Insurance policies
Vehicle titles
Information about outstanding debts

Having these records available can help your attorney evaluate the estate and determine whether summary administration may be an option.

Final Thoughts

Florida’s decision to increase the summary administration threshold from $75,000 to $150,000 is a significant change. For many heirs, the update may make probate simpler, faster, and less expensive by allowing more estates to qualify for Florida’s streamlined probate process.

However, eligibility depends on more than the value of the estate alone. Understanding which assets are subject to probate and whether the estate meets all legal requirements remains an important part of the process.

If you’ve recently lost a loved one, speaking with an experienced probate attorney can help you understand your options, avoid unnecessary complications, and determine the most appropriate path forward.

At Farshchian Law, we specialize in helping Florida homeowners, buyers, investors, and sellers structure the right deed for their transaction. Contact Farshchian Law at 1-855-513-5880 or email us via our Secure Contact Form. We provide real estate, estate planning, probate, and closing/title services throughout the State of Florida.