Florida's Simplified Estate Processes Explained

Florida made a genuinely significant change to its simplified estate processes in 2026, nearly doubling both key thresholds - worth understanding clearly, including which rule applies to a specific situation.

What changed in 2026?

Under CS/HB 1337, signed into law April 29, 2026 and effective July 1, 2026, Florida’s summary administration threshold doubled from $75,000 to $150,000 in non-exempt assets. A related, even simpler no-court process for very small estates also increased, from $10,000 to $20,000.

Which threshold applies to a specific estate?

This is important to get right, and the sources do not agree. The act (CS/HB 1337, Chapter 2026-57) takes effect July 1, 2026. Some Florida law firms say the new $150,000 limit applies only to people who died on or after that date, in which case the old $75,000 limit governs earlier deaths. The House bill analysis we read states only the effective date and does not address earlier deaths, and one law firm says nothing in the enrolled bill limits it. If the person died before July 1, 2026 and the estate is worth more than $75,000, ask a Florida attorney or the probate court which limit applies before filing. An earlier version of this page stated the narrower rule as settled; that has been corrected.

Does the two-year rule still apply?

Yes - summary administration remains available for any estate, regardless of value, when the decedent has been dead for more than two years, regardless of estate size - this two-year rule wasn’t changed by the 2026 law.

What’s excluded from the threshold calculation?

Homestead property, other exempt property, and assets that pass outside probate (like retirement accounts and named-beneficiary life insurance) don’t count toward the threshold either way.

What is the simpler no-court option?

For very small estates - generally limited to exempt property along with certain funeral and final medical expenses, now up to $20,000 - Florida’s Disposition of Personal Property Without Administration can avoid formal probate proceedings entirely.

Do I still need an attorney even with the higher threshold?

In nearly every case, yes - summary administration remains a court proceeding requiring a petition, and Florida law generally expects an attorney to be involved even though it’s simpler than formal administration.

What should I do next?

Confirm the exact date of death before assuming which threshold applies - it’s a meaningful difference, not a rounding error. Regardless of which threshold applies, plan on involving an attorney, since summary administration is still a real court proceeding.

Add this to your Final Day Plan: a rough total of your non-exempt assets, excluding homestead property and anything with a named beneficiary - it’s the figure your family will need to check against whichever threshold applies to your situation.

This reflects a significant, recent change to Florida law (effective July 1, 2026) - confirm current details directly with a Florida-licensed attorney, especially for any death occurring near that transition date.