In short: As of July 1, 2026, Florida summary administration is available when the probate estate, minus property exempt from creditors (such as protected homestead), is worth $150,000 or less, or when the person has been dead more than 2 years (§ 735.201). The old limit was $75,000.
The law changed. As of July 1, 2026, an estate worth up to $150,000 can qualify for summary administration in Florida. The old ceiling was $75,000.
That means a lot more families can settle a parent’s estate through the short, cheaper process instead of full formal administration.
There Are Two Ways to Settle a Florida Estate
Florida has two main forms of probate:
- Summary administration. No personal representative is appointed. The court reviews a petition and enters an order sending the assets directly to the people entitled to them. It is short and comparatively inexpensive.
- Formal administration. A personal representative is appointed, creditors are formally noticed, an inventory is filed, and the estate is closed with a final accounting. Uncontested formal estates are supposed to close within 12 months under Rule 2.250.
There is a third track that matters more every year: adversary proceedings, which is what happens when the family is fighting. That is a different animal.
Who Qualifies Under § 735.201
Summary administration is available when, in the words of the statute as amended:
“the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $150,000 or that the decedent has been dead for more than 2 years.”
Two points people miss:
- It is the probate estate that counts, less exempt property. Protected homestead is exempt from creditors’ claims, so it does not count toward the $150,000. Accounts that pass by POD or TOD designation, jointly held property, and assets in a funded trust do not pass through probate at all.
- Time can qualify an estate too. If the person has been dead more than two years, summary administration is available regardless of size.
Also, if the will itself directs formal administration, summary administration is not available.
The 2026 Change: CS/SB 1500 and Chapter 2026-57
The increase came through CS/SB 1500, which passed as its House companion, CS/HB 1337, and became Chapter 2026-57, Laws of Florida, effective July 1, 2026. The same law raised several related small-estate dollar limits.
Summary Administration Does Not Make Creditors Disappear
This is the trap. The forms make it look like you check the boxes and the money is yours.
It is not that simple. The person petitioning must make a diligent search for creditors, and the creditor rules still apply. Under § 735.206(4), each person who receives property through summary administration can be personally liable for a pro rata share of the decedent’s lawful debts, up to the value of the non-exempt property they actually received. That exposure generally lasts until two years after the date of death, unless a creditor has already started proceedings to enforce the claim.
So if Mom had a credit card balance, a medical bill, or a lawsuit pending, take that seriously before you distribute.
Will You Need a Lawyer?
For a clean estate with no disputes and no creditors, the new threshold means many families can move through summary administration quickly and at modest cost. As more of the process becomes form-driven, some will handle it themselves.
You need a lawyer when:
- A family member objects or wants a different distribution.
- There are creditors, a mortgage, or a condo association claim.
- Real estate is involved and title has to be insurable afterward.
- Someone was added to accounts shortly before death.
- The homestead question is not clear.
Watch: the videos behind this article
Summary Administration Rule Change: $150,000 Threshold (Effective July 1)
(older parents?) 2 Ways to Settle a Florida Estate (and which one saves you money)
Florida Probate Law Change in 2026 Explained | Senate Bill 1500 & $150K Threshold Increase
Can you skip full probate in Florida? Under Florida Statute § 735.201
Go Deeper
- Can You Skip Full Probate in Florida? Summary Administration Under § 735.201
- Can You Transfer Property in Florida Without Probate?
- Florida Probate Creditor Deadlines — §§ 733.702 and 733.710
Frequently Asked Questions
What is the summary administration limit in Florida in 2026?
$150,000, effective July 1, 2026, under Chapter 2026-57 (CS/HB 1337, companion to CS/SB 1500). The prior limit was $75,000.
Does the homestead count toward the $150,000 limit?
No. The test is the value of the estate subject to administration less property exempt from creditors’ claims, and protected homestead is exempt.
Can beneficiaries be liable for debts after summary administration?
Yes. Under § 735.206(4), people who receive property can be personally liable for a pro rata share of the decedent’s lawful debts, up to the value of the non-exempt property they received, generally for 2 years after the death.
Is summary administration available if the person died more than two years ago?
Yes. Under § 735.201, summary administration is available regardless of estate size if the decedent has been dead for more than 2 years, unless the will directs formal administration.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a probate lawyer in St. Petersburg for summary and formal administration, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
