What changed in Florida probate on July 1, 2026?
Short answer: Florida roughly doubled the dollar limits that let smaller estates skip full probate, and gave personal representatives a way to make banks honor their authority. The changes are in Chapter 2026-57, Laws of Florida, effective July 1, 2026.
The new limits
| Shortcut | Old limit | New limit | Statute |
|---|---|---|---|
| Summary administration (no personal representative appointed) | $75,000 | $150,000 of non-exempt assets, or the person has been dead more than 2 years | F.S. 735.201 |
| Small intestate estate settled without administration | $10,000 | $20,000 | F.S. 735.304 |
| Bank account released to family by affidavit (after 6 months) | $1,000 | $2,000 | F.S. 735.303 |
| Income tax refund paid without administration | $2,500 | $5,000 | F.S. 735.302 |
Your homestead usually does not count toward the summary administration limit, because it is exempt from most creditor claims. Many estates whose main asset is the house now fit under the new cap.
A new tool when a bank says no
Personal representatives have long run into banks and brokerages that refuse to honor their letters of administration. New F.S. 733.6125 lets the personal representative bring a proceeding to enforce that authority, and the court must award costs and attorney fees to a personal representative who wins. Separately, banks must now give a personal representative who presents letters access to the decedent's safe-deposit box, let the contents be removed, and let the box be closed (F.S. 655.933, 655.936).
One thing the law does not say
The act does not state whether the higher limits apply to people who died before July 1, 2026 and whose estates are opened afterward. Until a court or the Legislature addresses it, treat that question as open and ask before filing.
What has not changed
- Creditors still have 3 months after the first published notice (or 30 days after being served) to file claims (F.S. 733.702), and no claim survives 2 years after death (F.S. 733.710).
- The original will must still be deposited with the clerk within 10 days after learning of the death (F.S. 732.901).
- Formal administration remains the path for larger estates and contested matters.
Next step
If you are handling a loved one's estate, the first question is which path the estate qualifies for. Email the firm through the Contact page with a short description of the assets and we will tell you which process fits.
This article is general information, not legal advice, and does not create an attorney-client relationship. Simani Law, PA is licensed in Florida and New York.