Florida Summary Administration Limit Increases to $150,000 (2026)

As of July 1, 2026, the Florida summary administration limit is $150,000, up from $75,000. A new probate reform law, CS/HB 1337 (signed as Chapter 2026-57, Laws of Florida), doubled the value cap for Florida’s faster, less expensive probate track. If a loved one’s probate estate is worth $150,000 or less after subtracting property that is protected from creditors, the family can likely avoid full formal probate. The older “two years since death” path still works, too.

Here is what the change means for Central Florida families.

What Is Summary Administration in Florida?

Summary administration is Florida’s simplified probate process. It is governed by sections 735.201 through 735.2063, Florida Statutes. Compared with formal administration, it is designed to be shorter and cheaper.

The main differences:

• No personal representative is appointed. The court does not name someone to run the estate for months.
• The estate is settled by a single court order. A judge signs an Order of Summary Administration that directs how assets pass to the beneficiaries.
• The timeline is measured in weeks, not months. Formal administration often runs six months to a year or more. Summary administration frequently resolves in a matter of weeks once a clean petition is filed.

Banks, the county property appraiser, and the DMV accept that signed court order to release or retitle assets, which is one reason families prefer it when they qualify.

What Changed on July 1, 2026?

The Florida Legislature passed CS/HB 1337 unanimously, and the Governor signed it on April 29, 2026. The law took effect July 1, 2026. You can read the official summary on the Florida Senate bill page.

The headline change amends section 735.201, Florida Statutes: the value of an estate that can use summary administration rose from $75,000 to $150,000.

The same law raised three smaller thresholds that help even tinier estates skip court:

• The no-administration limit for small intestate personal property went from $10,000 to $20,000.
• The income tax refund a spouse or child can claim without opening an estate went from $2,500 to $5,000.
• The amount a bank can release to a family member by affidavit went from $1,000 to $2,000.

The higher limit applies going forward from July 1, 2026.

Which Assets Count Toward the $150,000 Limit?

This is the part most families get wrong. The $150,000 cap does not count everything a person owned. It counts only the probate estate, minus property that is exempt from creditor claims.

The following usually do not count toward the limit:

• Homestead property. A Florida homestead that passes to a spouse or heirs is protected under Article X, section 4 of the Florida Constitution, so its value is excluded.
• Exempt personal property under section 732.402, Florida Statutes, such as certain household furnishings and up to two vehicles.
• Assets that pass outside probate, including retirement accounts and life insurance with named beneficiaries, pay-on-death and transfer-on-death accounts, and property held jointly with rights of survivorship.

Here is what that looks like in practice: a family whose inheritance is a paid-off $450,000 home plus $110,000 in a bank account can still qualify. The home is excluded, and the $110,000 that remains is under the new cap.

Who Benefits Most From the Higher Limit?

The change helps middle-class families who used to fall just over the old line. Before July 1, 2026, an estate of $90,000 or $120,000 in non-exempt assets was pushed into full formal administration, the same process used for multimillion-dollar estates. Now many of those estates can use the faster track instead.

You may qualify for summary administration if either of these is true:

• The probate estate, after subtracting exempt property, is $150,000 or less, or
• The person has been deceased for more than two years (the value does not matter in that case).

If there is a Will, it must not require formal administration.

How Does Summary Administration Work Step by Step?

1. Confirm eligibility. Add up the non-exempt probate assets, or confirm the two-year path applies.
2. Gather documents. You will need the death certificate, the original Will (if one exists), and proof of asset values.
3. File a petition in the circuit court of the county where the person lived. Every beneficiary must sign the petition or be formally served.
4. Address known creditors. The petitioners must make a diligent search for creditors and provide for payment from available assets.
5. Submit a proposed order. Florida judges expect a draft Order of Summary Administration.
6. Distribute assets once the judge signs the order, using it to retitle or release property.

What the New Law Did Not Change

The higher limit is helpful, but it is not a substitute for planning:

• Estates over $150,000 still need formal administration unless the two-year path applies.
• Summary administration is still a court case. It is faster, but it is not private and it is not automatic.
• A funded revocable trust still avoids probate entirely. Assets titled in a living trust pass to your beneficiaries with no court order, no filing, and no waiting period.

If your goal is to keep your family out of court altogether, the estate planning tools of a Will and a trust are still the better answer.

Frequently Asked Questions

Does the $150,000 limit include my house?

No. A Florida homestead that passes to a spouse or heirs is protected from most creditor claims and is excluded from the calculation.

When did the new limit take effect?

July 1, 2026, under CS/HB 1337 (Chapter 2026-57). The prior limit was $75,000.

Do I still need a lawyer for summary administration?

It is a court proceeding with strict filing and notice rules, so most families use a probate attorney to avoid delays and rejected petitions.

What if the estate is over $150,000?

It generally requires formal administration, unless the person has been deceased for more than two years.

How long does summary administration take?

In clean, uncontested cases it often resolves in a few weeks, compared with many months for formal administration.

Talk to a Central Florida Probate Attorney

The 2026 increase in the Florida summary administration limit means more Seminole County families can settle an estate quickly instead of enduring months of formal probate.

Whether a loved one recently passed away or you want to keep your own family out of court, the probate attorneys at Vollrath Law can tell you which process fits and handle the filing for you. Contact our office to schedule a consultation.

This article is for general information only and is not legal advice. Probate outcomes depend on the specific assets, titling, Will, and family circumstances of each estate.