What Every Family Needs to Know About the New Changes in Probate Rules on July 1, 2026

On April 29, 2026, Governor DeSantis signed CS/HB 1337 into law. Effective July 1, 2026, this legislation makes several important changes to Florida probate administration. The short version: more families may now qualify for simplified probate procedures, and personal representatives have a stronger remedy when banks or other parties refuse to recognize their court-appointed authority.

More Families Can Now Use the Simplified Probate Process

Florida offers a faster, less expensive version of probate called summary administration. Previously, your estate had to be worth $75,000 or less, not counting exempt property like your home, to qualify. That limit has just doubled to $150,000. If your loved one passed away more than two years ago, the estate may still qualify for summary administration regardless of value, provided the other statutory requirements are met. This means many families who previously had no choice but to go through the full probate process can now use the streamlined version, saving time and legal fees.

Small Estates Got Easier to Handle Too

The law also raised several other limits that allow families to access certain estate assets with little or no court involvement. A financial institution can now release up to $2,000 directly to a qualifying family member using a statutory affidavit, up from $1,000. A federal income tax refund of up to $5,000 can go directly to a surviving spouse or child without opening probate, up from $2,500. And if someone dies without a will and leaves only nonexempt personal property of $20,000 or less, subject to the statute’s funeral and medical expense rules, the estate may qualify for disposition without administration, up from $10,000.

Banks That Refuse to Cooperate Can Now Be Held Accountable

One of the most frustrating parts of settling an estate has always been dealing with financial institutions. Even when a personal representative presents valid court-issued documents, banks sometimes demand extra paperwork, refuse access, or simply go silent. Before this law, there was little anyone could do about it without expensive litigation and no guarantee of getting those costs back.

CS/HB 1337 creates a new Florida statute, section 733.6125, that changes that. If a personal representative must bring a court proceeding to enforce the personal representative’s authority and prevails, the court must award taxable costs and attorney’s fees. The party that caused the problem may be responsible for those amounts. The law also now requires the lessor of a safe deposit box to grant a personal representative access to the decedent’s safe deposit box upon presentation of letters of administration.

What This Means for Your Estate Plan

These are welcome changes, but they are not a reason to put off planning. Estates that do not meet the requirements for summary administration or disposition without administration may still require formal probate, and real property, creditor issues, disputes among beneficiaries, or assets above the new thresholds can still make administration more complicated. A properly funded revocable trust still offers one of the most effective ways to keep many assets out of probate court. If you already have an estate plan, now is a good time to review it. If you do not have one, these changes are a good reminder of why planning matters.