Big Changes to Florida Probate Law (July 2026)
Every once in a while, even sleepy probate law gets some attention. This year, the Florida legislature passed a big update to probate law, which went into effect on July 1, 2026. This article will cover the changes, all of which should help make dealing with a deceased person’s estate easier in Florida.
Summary Administration Limit Increased
Probably the biggest change that will affect the most people is that summary administration proceedings are now available if the total value of a decedent’s property in Florida, other than property exempt from creditor claims (such as protected homestead), is $150,000 or less (up from a previous limit of $75,000). [1] This will make many more estates eligible for the faster and (usually) easier summary administration process.
What has not changed:
Known creditors still need to have their claims addressed.
There is still no limit to the value of an estate eligible for summary administration if the decedent has been dead for more than two years.
Safe Deposit Boxes Are Easier to Access
Safe deposit boxes have always been a pain to deal with in Florida probate, as they had their own rules and procedures to gain access to them. The legislative update makes the following changes:
Unless the safe deposit lease agreement explicitly states otherwise, a personal representative must be allowed access to a decedent’s safe deposit box upon presentation of a copy of the letters of administration. [2] (Note that it does not specify a certified copy in this particular instance, though in reality a personal representative will likely need a certified copy any time they are trying to exercise their authority to act.)
Other fiduciaries (such as agents under powers of attorney) may be allowed access if authorized in a writing signed by all other persons acting in the same capacity (for example, multiple agents nominated to act at the same time means all need to sign if anyone is going to access the box). [3]
The lessor of a safe deposit box (usually, a bank or credit union) shall do the following:
Deliver to a personal representative appointed by a court in this state, upon presentation of a certified copy of letters of administration, all property deposited by a decedent for safekeeping.
Grant a personal representative access to decedent’s safe deposit box and allow them to remove any contents.
Allow a personal representative or the personal representative’s attorney to pay any accumulated charges and terminate the lease. [4]
Previously, a personal representative had to petition the court specifically to gain access to a safe deposit box and remove its contents, so these changes simplify the process.
What has not changed is that if someone is trying to gain access to a safe deposit box before probate proceedings are started, they still need to separately petition the court to do this and are very limited as to what can be removed from the box.
Personal Representatives’ Authority Is Increased
A problem that occurs sometimes during formal probate administrations is that someone or a bank refuses to acknowledge a personal representative’s authority to act. The Florida legislature has worked to correct this by creating the following new rights and powers for personal representatives:
Personal Representatives can now invoke the jurisdiction of the probate court and initiate legal proceedings to enforce the authority conferred on them under the Florida Probate Code. [5]
If a Personal Representative has to sue to enforce their authority and wins, the court can now award them taxable costs, including attorney’s fees, and direct payment of the award “from any person whose action or inaction necessitated the enforcement proceeding or from any person having an interest in the estate and may enter a judgment that may be satisfied from other property.” [6]
Bigger Income Tax Refunds Without Probate
Many times, a deceased person’s income tax refund may be the largest or only thing a loved one is trying to get. This can be crucial to covering everyday living expenses, especially when the person who passed was supporting someone else. To make this easier and accessible for more people, the law increased the maximum value of a federal income tax refund that can be paid directly to a surviving family member to $5,000 (up from $2,500). [7]
A surviving spouse is still the first person entitled to directly receive an income tax refund. If there is none, then it can go to “one of the decedent’s children who is designated in a verified application purported to be executed by all of the decedent’s children over 14 years of age.” [8] Additionally, the application still has to show either:
The decedent was not indebted;
Provision has been made to pay decedent’s debts; or
The entire estate is exempt from creditor claims under Florida law, AND
No administration—including summary admin—has been initiated, and none is planned. [9]
Larger Bank Accounts Can Be Liquidated Without Probate
Small bank accounts and certificates of deposit are often left behind when someone passes. These can help families in need but would quickly get eaten by court costs if probate was always needed. Thankfully, the legislature has increased the aggregate total of funds that a financial institution may (not must) distribute to a family member without probate to $2,000 (up from $1,000). [10] Note that this is per financial institution, so if a decedent leaves small accounts at several banks, they could all potentially be distributed without probate.
The following is still the same:
The decedent must have been dead for at least 6 months;
The family member needs to give each financial institution a certified copy of the decedent’s death certificate and an affidavit (found in the statute); and
Whoever receives the money is personally liable to any of the decedent’s creditors or others rightfully entitled to the money, up to the amount they received (for creditors) or the excess over what they should have received (for others entitled to the money). [11]
More Small Intestate Estates Can Avoid Probate
When someone passes away intestate (without a will) and only owning personal property (no real estate), Florida law now states that, excluding exempt personal property (not homestead property), $20,000 plus the “amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of last illness” can be distributed without probate administration (up from $10,000 plus funeral and last illness expenses). [12] So, many more estates should qualify for this, which requires an affidavit to be submitted to the court that would otherwise have jurisdiction over a probate.
What has stayed the same:
The decedent must have been dead for at least 1 year, and no probate administration is pending in this state.
Creditor claims need to be addressed.
Whoever receives property is personally liable to any of the decedent’s creditors, up to the amount they received. [13]
Key Takeaways About the July 2026 Florida Probate Law Changes
The 2026 update to the Florida probate statutes is one of the biggest changes that has happened in years, but all of the changes should make it easier to administer loved ones’ estates, including by:
Increasing the asset limits for estates to qualify for expedited administration or to avoid court entirely.
Making it easier to access safe deposit boxes.
Giving personal representatives more authority to act and hold unreasonably difficult parties to account.
If you need help handling an estate in Florida, contact a Gainesville probate attorney to guide you through the options available to you.
[1] § 735.201, Fla. Stat. (2026)
[2] § 655.933, Fla. Stat. (2026)
[3] Id.
[4] § 655.936, Fla. Stat. (2026)
[5] § 733.603, Fla. Stat. (2026); § 733.612(28), Fla. Stat. (2026)
[6] § 733.6125, Fla. Stat. (2026)
[7] § 735.302, Fla. Stat. (2026)
[8] Id.
[9] Id.
[10] § 735.303, Fla. Stat. (2026)
[11] Id.
[12] § 735.304, Fla. Stat. (2026)
[13] Id.