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Florida Probate

Florida Just Made Probate Easier for a Lot More Families

Quick Answer

As of July 1, 2026, Florida estates with $150,000 or less in non-exempt assets (up from $150,000) can use summary administration — a faster, cheaper probate process that doesn't require appointing a personal representative. Larger or more complicated estates still go through formal administration, which typically takes six months to a year.

By Arthur Simpson, Esq. · FL Bar #529265 Florida Estate Planning Attorney August 28, 2026

What Changed in Florida Probate Law This Year

In my practice, I spend a lot of time reassuring families that probate in Florida is not the nightmare they've heard about — it's a process, with rules and timelines, and most estates move through it without drama. This year, that reassurance got a little easier to give.

Effective July 1, 2026, Florida raised the threshold for summary administration from $150,000 to $150,000. This change came through Chapter 2026-57, Laws of Florida, and it doubles the ceiling under F.S. § 735.201 that determines whether an estate qualifies for the simplified, faster probate track.

What that means practically: if your loved one's estate — not counting homestead property or other exempt assets — totals $150,000 or less, or if they've been deceased more than two years, the estate can likely skip formal administration entirely. That's a meaningful number of Florida estates that used to require a full personal representative appointment and now don't.

Summary vs. Formal Administration: What's the Real Difference

Summary administration is Florida's express lane. It does not require appointing a personal representative. Instead, the court issues an order distributing assets directly to beneficiaries or heirs. It's typically resolved in a matter of months rather than a year, and the court filing fee is lower — roughly $235 for summary administration versus around $402 for formal administration, with small variations by county.

Formal administration is the traditional process: the court appoints a personal representative, that person gathers assets, notifies creditors, pays valid debts, and eventually distributes what remains to beneficiaries under the will or Florida's intestacy laws. Formal administration is required when the estate exceeds the summary threshold, when there are disputes among heirs, when a business or contested asset is involved, or when creditors need to be formally managed.

One detail people often miss: homestead property generally doesn't count toward that $150,000 cap, because homestead is protected from most creditor claims under Florida's constitution. So an estate that includes a paid-off Florida home plus a modest bank account may still qualify for summary administration even though the home itself is worth far more than $150,000.

What Probate Actually Costs in Florida

Florida is somewhat unusual in that it has a statutory fee schedule for both personal representatives and probate attorneys, found in F.S. §§ 733.617 and 733.6171. The commonly cited range is 3% each — for the personal representative and for the attorney — on the first $1 million of the estate, sliding down to smaller percentages on larger amounts.

Good to know: That statutory percentage is presumed reasonable, but it is not mandatory. Florida law requires your attorney to disclose in writing that the fee is negotiable, and many estates — especially smaller or simpler ones — are handled for a flat fee well below the statutory guideline.

All told, formal probate in Florida commonly runs somewhere in the range of 3% to 7% of the gross estate, depending on complexity, whether litigation arises, and which county the case is in. Summary administration is meaningfully cheaper — often a modest flat fee — because there's no personal representative to compensate and far less ongoing administration.

How Long Does Florida Probate Take

For formal administration, plan on a minimum of five to six months, even in a straightforward case. That floor exists because Florida law requires a creditor notice period — creditors generally have three months from the first publication of the Notice to Creditors (or 30 days from being directly served, whichever is later) to file a claim against the estate. A personal representative also generally must file the estate inventory within 60 days of receiving letters of administration.

Formal administration commonly takes six months to a year in practice, longer if there's a homestead determination to sort out, real property to sell, or any disagreement among beneficiaries. There's also an outer boundary: Florida generally bars probate proceedings more than two years after death, under F.S. § 733.710, which is part of why the two-year mark also triggers automatic eligibility for summary administration regardless of estate size.

Summary administration moves much faster — often two to three months from filing to final order — because there's no personal representative to appoint and no lengthy administration period to manage.

What a Personal Representative Is Actually Responsible For

If you've been named personal representative (what other states call an executor), it helps to understand that Florida holds you to the same fiduciary standard as a trustee of an express trust, under F.S. § 733.609. That's a serious legal duty, and you can be personally liable to beneficiaries if you breach it.

The core responsibilities, drawn from F.S. §§ 733.601–733.620, generally include:

⚠ A word of caution: Serving as personal representative is a legal responsibility, not just an administrative errand. Missing a creditor deadline, distributing assets too early, or failing to account properly can create personal liability. If you've been appointed, it's worth having a Florida probate attorney review the estate's specific facts before you act.

Ways Florida Families Avoid Probate Altogether

Not every asset has to go through probate, and a well-built estate plan can keep most of an estate out of court entirely. Common tools I discuss with Florida clients include:

None of these tools are one-size-fits-all, and the right combination depends on your family situation, your assets, and whether you're also trying to plan for long-term care or blended-family concerns.

Frequently Asked Questions

Does the new $150,000 summary administration limit apply to estates that are already in probate?
The threshold change took effect July 1, 2026, and generally applies going forward. If you're unsure whether a pending or recently opened estate qualifies under the new limit, ask the attorney or court handling the matter.
Does my parent's homestead count toward the $150,000 summary administration limit?
Generally, homestead property and other assets exempt from creditor claims are not counted toward the $150,000 cap, which is why estates that look larger on paper can still qualify for summary administration.
Do I need a lawyer for summary administration in Florida?
Florida law doesn't require an attorney for summary administration, but many families use one to make sure the petition, notice requirements, and asset transfers are handled correctly, especially when real estate or multiple heirs are involved.
What happens if an estate has no will in Florida?
The estate is still administered through probate — either summary or formal, depending on size — but assets are distributed according to Florida's intestacy statutes rather than a will, following a set order of priority among surviving relatives.
Can I avoid probate entirely with a revocable trust?
A properly funded revocable trust generally avoids probate for the assets titled in the trust's name, since those assets pass to beneficiaries without court involvement. Any assets left outside the trust may still require probate.
How is a Florida probate attorney's fee actually calculated?
Florida has a statutory fee schedule based on estate value, but it's presumed reasonable rather than mandatory, and attorneys are required to disclose in writing that the fee is negotiable. Many smaller estates are handled for a flat fee instead.

The Truestead Takeaway

The 2026 increase to Florida's summary administration threshold is genuinely good news — it means more families can settle a loved one's estate faster and for less money than before. But whether an estate actually qualifies, and which path makes sense, depends on the specific assets, debts, and family situation involved. If you're facing a Florida probate matter or want to structure your own estate to avoid it, the sensible next step is to have a Florida attorney review your circumstances rather than guess based on a general article like this one.

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This article is for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. Florida estate, elder, probate, and real estate law are fact-specific and change over time. Consult a licensed Florida attorney about your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.