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Florida's Small-Estate Probate Limit Is Now $150,000: What Families Need to Know

Florida raised its summary administration limit to $150,000 on July 1, 2026. See if your family's estate qualifies and why the date of death matters.

Florida's shorter probate process, summary administration, is available when the Florida estate (not counting property creditors can't touch) is $150,000 or less and the death was on or after July 1, 2026. If the death was before July 1, 2026 and less than 2 years ago, the old $75,000 limit applies, and if it was more than 2 years ago, any estate value qualifies (Miami-Dade court checklist CC-01, rev. 07/2026). Some court forms and websites still show only $75,000, so start with the date of death.

What changed

Chapter 2026-57, Laws of Florida (CS/HB 1337) passed both chambers unanimously. The Governor signed it on April 29, 2026, and it took effect July 1, 2026. On July 16, 2026, the Florida Supreme Court updated the matching probate rules (5.530 and 5.425), effective immediately.

What the limit coversOld limitNew limitEffectiveStatute
Summary administration, death on or after July 1, 2026 (estate less exempt property)$75,000$150,000Deaths on or after July 1, 2026§735.201; CC-01
Summary administration, death before July 1, 2026 and less than 2 years ago$75,000$75,000 (unchanged)Deaths before July 1, 2026CC-01
Summary administration, death more than 2 years agoAny valueAny value (unchanged)Any date of death§735.201(2)
No-administration transfer for an estate with no will and only personal property (plus paid funeral costs and medical bills from the last 60 days)$10,000$20,000July 1, 2026§735.304
Federal tax refund a spouse or child can claim without probate$2,500$5,000July 1, 2026§735.302
Bank funds a family member can collect by affidavit, with no court case$1,000$2,000July 1, 2026§735.303

Some rules did not change. The $20,000 affidavit route still requires that the person died more than 1 year ago, left no will, and has no other probate case open in Florida. The bank-affidavit option can't be used until 6 months after the death.

Does my family's estate qualify?

Go through this list for the person who died:

  • Check the date of death (Miami-Dade checklist CC-01):
    • Died on or after July 1, 2026: the limit is $150,000.
    • Died before July 1, 2026, and less than 2 years ago: the limit is $75,000.
    • Died more than 2 years ago: any estate value qualifies.
    • Some attorneys read the new law differently, so confirm with an attorney or the probate clerk before you file.
  • The Florida estate is under the limit that applies once you leave out exempt property. Exempt property generally includes protected homestead, household furniture and appliances up to $20,000, and up to two personal vehicles (§732.402).
  • Add up only probate assets, meaning things in the person's name alone. Accounts with a payable-on-death beneficiary or a surviving joint owner usually pass outside probate.
  • If there's a will, it doesn't require formal administration (§735.201(1)).
  • The right people are filing. A beneficiary, or the person the will names as personal representative, can file. The surviving spouse and the beneficiaries must sign. A beneficiary who gets a full share can be formally notified instead (§735.203).
  • You can find and provide for known creditors before the court rules (§735.206(2)).

Summary administration vs. formal administration

Summary administrationFormal administration
Who's in chargeNo personal representative is appointed. The court signs an order saying who gets each asset.The court appoints a personal representative and issues "letters."
AttorneyFamilies can file themselves. All three South Florida circuits publish self-help forms.The personal representative generally must have a Florida attorney (Fla. Prob. R. 5.030).
CreditorsSearch for known creditors, serve them, and provide for payment. Publishing a notice is optional, but it cuts off unknown creditors after 3 months (§735.2063).The notice to creditors is published once a week for 2 weeks. Most claims are barred 3 months after first publication, or 30 days after a known creditor is served (§§733.2121, 733.702).
Built-in waiting periodNone. The court can order distribution right away (§735.206(3)).At least the 3-month creditor period. The final accounting is due within 12 months of letters unless extended (Fla. Prob. R. 5.400).
Clerk opening fee$346 for estates of $1,000 or more (Miami-Dade and Broward posted fees)$401 (Miami-Dade and Broward posted fees)

Steps in summary administration: get certified death certificates and file the original will, if there is one. Then list the assets and values, search for creditors, and get signatures or joinders from the spouse and beneficiaries. File the petition and a proposed order. Once the judge signs the order, banks and other holders release the assets. Miami-Dade's checklist also asks for a copy of the paid funeral bill unless the person died more than 2 years ago, so keep that receipt.

Rough timeline and costs

  • Timeline: We found no official average for either process. Summary administration has no mandatory waiting period, so the timing depends mostly on how fast you gather documents and signatures and on the court's review queue. Formal administration can't wrap up before the creditor period ends and is expected to close within about 12 months.
  • Court costs: the clerk's filing fee above, plus certified copies (and newspaper publication in formal estates).
  • Attorney fees, formal administration only: Florida law presumes certain fees for the personal representative's attorney are reasonable (§733.6171). It's $1,500 for estates up to $40,000, $2,250 up to $70,000, and $3,000 up to $100,000. Above $100,000, it's 3% of the next $900,000. For a $150,000 estate, that works out to $4,500. Real estate sales, homestead questions and litigation can be billed on top as "extraordinary services." The fee is negotiable, and the attorney must tell you so in writing.
  • Attorney fees, summary administration: that statutory schedule covers formal administration. Many probate attorneys quote summary administration as a flat fee. Ask for the quote and what it includes in writing.

South Florida notes

Filings go to the circuit court's Probate Division in the county where the person lived. Local forms are mid-update, so check each form's revision date.

Find local help: Miami-Dade probate attorneys · Broward probate attorneys · Palm Beach probate attorneys

When to call an attorney

Talk to a probate attorney if:

  • You need to sell real estate, especially the family home.
  • There are creditors or medical bills, or the estate may not cover its debts. People who receive assets can become personally liable for a share of valid claims.
  • The family disagrees, someone won't sign, or a will is being questioned.
  • Heirs live out of state or abroad, or the person owned property in another state.
  • The person died before July 1, 2026, less than 2 years ago, and the estate is over $75,000. That usually means formal administration.

Get matched with a South Florida probate attorney →

FAQ

What is summary administration in Florida?

It's a shorter probate process for smaller estates, or for people who died more than 2 years ago. No personal representative is appointed. The judge signs one order that says who gets each asset.

What is the summary administration limit in Florida in 2026?

It's $150,000 if the death was on or after July 1, 2026, measured as the Florida estate minus property exempt from creditors. If the death was before July 1, 2026 and less than 2 years ago, the limit is $75,000, and if it was more than 2 years ago, any estate value qualifies.

My parent died before July 1, 2026. Can we use the $150,000 limit?

No. If the death was before July 1, 2026 and less than 2 years ago, the $75,000 limit applies, following Miami-Dade's court checklist. Once 2 years have passed since the death, any estate value qualifies.

Does the house count toward the $150,000?

Protected homestead is generally exempt from creditors, so it's left out of the total. The court still has to decide whether the home qualifies as homestead, which usually takes extra paperwork.

Do I need a lawyer for summary administration?

Not always. Florida's courts publish self-help forms, and families can file on their own. An attorney is worth it if there's real estate, creditors, or a family disagreement.

What is the 2-year rule?

Once a person has been dead more than 2 years, summary administration is available at any estate value. Most creditor claims are also cut off at that point, though recorded mortgages and liens are still enforceable.

Are there faster options for very small estates?

Yes. Families can collect up to $2,000 in bank funds by affidavit, starting 6 months after the death. A spouse or child can claim a federal tax refund up to $5,000. An estate with no will and only personal property can use a $20,000 affidavit process once the person has been dead more than a year.

This guide is general information, not legal advice. Probate outcomes depend on your facts and your county, so speak with a licensed Florida attorney about your situation.

Last reviewed: October 14, 2026

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