Florida has doubled the dollar limit for summary administration, the shorter, less expensive form of probate. Under a 2026 law (CS/HB 1337) that took effect on July 1, 2026, an estate can now qualify for summary administration if its non-exempt assets total $150,000 or less. The old limit was $75,000.
What is summary administration?
Summary administration is an abbreviated probate proceeding under Florida Statute 735.201. The court does not appoint a personal representative. Instead, the court enters an order directing who receives the assets. It is usually faster and less expensive than formal administration.
What changed?
- The value limit for summary administration increased from $75,000 to $150,000, measured after subtracting property that is exempt from creditors’ claims.
- The alternative path is unchanged: an estate can still qualify if the person has been dead for more than two years, regardless of value.
- Other small-estate thresholds were also raised. For example, the personal property limit for settling certain small intestate estates without full administration increased from $10,000 to $20,000.
What counts toward the $150,000?
Only non-exempt probate assets count. Florida homestead property is exempt from the calculation, and assets that pass outside of probate, such as life insurance and retirement accounts with a named beneficiary, or accounts with a payable-on-death designation, generally do not count either. That means an estate with a substantial total value can still qualify for summary administration if its non-exempt probate assets fall within the new limit.
Does the new limit apply to my family?
The law took effect July 1, 2026. If a petition is filed now, the new limit applies to the value test. If your loved one passed away before July 1, 2026, how the new limit applies can depend on the timing of the filing, and sources describing the new law do not all say the same thing. I will confirm the correct treatment for your situation during your consultation.
Is summary administration always the best choice?
Not always. Because no personal representative is appointed, the people who receive the assets can remain responsible to creditors, for a period of time, up to what they received. In some estates, formal administration offers more protection for beneficiaries, particularly when there are known debts, real estate that needs a clean title, or a possible dispute among family members. The right path depends on the assets, the debts, and the family.
What does it cost?
I offer flat fees for most probate matters. My sample flat fee for summary administration is $1,750, plus court filing fees and other out-of-pocket costs, and the exact fee is set after we talk through your situation. You can see the full list of sample fees on my Oviedo probate attorney page.
Next steps
If you have lost a loved one and are wondering whether your family can use summary administration, book a free 15-minute phone consultation or call 407-706-7003. If you are still in the planning stage, a will or revocable living trust may keep your own family out of probate altogether. You can read more about my estate planning services.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every situation is different. Last updated October 28, 2026.
