Florida Just Doubled the Threshold for Simplified Probate: What Families Need to Know About CS/HB 1337

Published: March 2026 | Author: Riefkohl Law
Category: Probate Law, Estate Administration

Florida's probate system just got significantly less burdensome for families with modest estates. The Florida Legislature unanimously passed CS/HB 1337, a bipartisan probate reform bill that takes effect July 1, 2026. The centerpiece: the value threshold for summary administration — Florida's expedited, simplified probate process — doubles from $75,000 to $150,000.

For families who previously fell just above the old threshold and faced the full weight of Florida's probate process, this reform is a meaningful change. Here's what it does, who it helps, and why proper estate planning still matters even under the new rules.

What Is Summary Administration?

Summary administration is Florida's simplified probate track. Unlike formal administration, it does not require the appointment of a personal representative. There are no ongoing court reporting requirements. The process is faster, cheaper, and less invasive.

The catch has always been the threshold. Until this reform, only estates valued at $75,000 or less could use summary administration. For a family whose parent left a modest home with some savings — easily exceeding $75,000 in today's market — full formal administration was the only option. That meant hiring an attorney, appointing a personal representative, filing inventories and accountings, and navigating a process that could take months and cost thousands of dollars.

What CS/HB 1337 Changes

The new law addresses multiple pain points in Florida's probate system, not just the summary administration threshold.

The summary administration threshold doubles from $75,000 to $150,000, allowing significantly more estates to use the expedited process. The no-administration limit for intestate personal property rises from $10,000 to $20,000, meaning small personal property estates can be settled with a simple disposition and no court involvement at all. The family allowance for income tax refunds increases from $2,500 to $5,000, so surviving spouses and children can claim larger tax refunds without opening an estate. The small account affidavit limit at financial institutions goes from $1,000 to $2,000, allowing families to access modest bank accounts with a simple affidavit rather than a court order.

Beyond the dollar amounts, the bill includes a practical reform that will save families considerable frustration: financial institutions are now required to grant personal representatives immediate access to a decedent's safe deposit box. Personal representatives can pay accumulated charges, remove contents, and terminate the lease without obtaining a specialized court order. If a bank refuses to comply, the law gives personal representatives statutory authority to initiate legal proceedings and recover costs and attorney fees.

Who Benefits Most

The primary beneficiaries are middle-class families dealing with the death of a parent, spouse, or other family member whose estate falls in the $75,000 to $150,000 range. Under the old rules, these families were trapped in full formal administration — the same process used for multimillion-dollar estates — simply because their loved one's assets exceeded an artificially low threshold.

The safe deposit box reform helps anyone who has ever faced the bureaucratic wall of a bank refusing access to a decedent's lockbox. In practice, families often had to obtain court orders or wait weeks to access documents and personal property that may have been urgently needed — including the very estate planning documents that would have streamlined the entire process.

The Limits of Reform

CS/HB 1337 is a meaningful improvement, but it doesn't change the fundamental reality of Florida probate. Estates above $150,000 still face formal administration. And in Florida — where real estate values, retirement accounts, and investment portfolios routinely push estates well above that threshold — most families will still encounter the probate system.

Summary administration also has its own limitations. It requires that the decedent has been dead for more than two years, or that the estate qualifies under the value threshold with no creditors filing claims. For estates with contested debts, complex assets, or family disputes, formal administration remains necessary regardless of the estate's size.

Why Trusts Still Matter

Even with the higher threshold, the best way to avoid Florida probate entirely is a properly funded revocable living trust. Assets held in trust pass directly to beneficiaries without any court involvement — no threshold limits, no personal representative appointments, no inventories, no accountings. The process is private, fast, and typically far less expensive than even summary administration.

For families with real property in Florida, this is especially important. Florida's probate system applies to real property situated in the state regardless of where the owner resides. Out-of-state property owners who die without a trust may force their families to open an ancillary probate proceeding in Florida in addition to any proceedings in their home state.

What You Should Do Now

If you have loved ones in Florida, own property there, or expect to inherit assets in the state, the reform taking effect July 1, 2026, may simplify the process. But don't rely on it as a substitute for proper planning. Review your estate plan to determine whether a revocable living trust would allow your family to bypass probate entirely. If you already have a trust, ensure it is properly funded — an unfunded trust provides no probate avoidance benefit. For families currently in the probate process, consult with an attorney about whether the new thresholds may simplify any pending matters once the law takes effect.

Need help with estate planning or probate administration in Florida or Puerto Rico? Contact Riefkohl Law — serving clients across the United States.

riefkohllaw.com | hans.riefkohl@riefkohllaw.com

This article is provided for educational and informational purposes only. It should not be construed as legal advice. Consult with a qualified attorney regarding your specific situation.