Losing a loved one is never easy. Unfortunately, many Florida families also face the stress, delays, and legal expenses that often come with the probate process. Fortunately, a major update to Florida probate law could make estate administration faster, simpler, and more affordable for many families across South Florida.

On April 30, 2026, Governor Ron DeSantis signed House Bill 1337 (HB 1337) into law. Beginning July 1, 2026, these new Florida probate law changes will expand access to simplified probate procedures and reduce unnecessary burdens on surviving family members.

If you are creating an estate plan or currently navigating probate in Florida, here is what you need to know.

Florida’s Summary Administration Limit Increases to $150,000

One of the most significant changes under HB 1337 is the increase to Florida’s Summary Administration threshold.

Summary Administration is a simplified probate process in Florida that allows certain estates to avoid lengthy formal probate proceedings. Because it requires less court involvement, families can often save substantial time, court costs, and attorney fees.

Previous Law

Before HB 1337, estates only qualified for Summary Administration if probate assets were valued at $75,000 or less.

New Law Effective July 1, 2026

The new law doubles the limit to $150,000.

This means many middle-class Florida families who previously would have faced formal probate may now qualify for a faster and more affordable probate process.

For families searching for a Florida probate attorney, Fort Lauderdale probate lawyer, or guidance through the Florida probate process, this update could significantly reduce both stress and legal expenses.

Your Florida Homestead Does Not Count Toward the $150,000 Limit

A key detail many families overlook is that the new $150,000 cap only applies to probate assets.

Under Florida law, certain assets remain exempt from probate, including:

• Florida homestead property
• Up to two family vehicles
• Certain protected personal property

This means a family may still qualify for Summary Administration even if the deceased owned a valuable home.

For example, a family could inherit:

• A primary residence worth over $1 million
• Two vehicles
• Up to $150,000 in probate assets

—and still potentially qualify for Florida Summary Administration.

This change creates new estate planning opportunities for families throughout Fort Lauderdale, Broward County, and South Florida.

Florida Banks Must Now Provide Access to Safe Deposit Boxes

Another important improvement under HB 1337 addresses a common frustration during probate administration: accessing a deceased person’s safe deposit box.

Previously, many financial institutions delayed or refused access even after a personal representative was officially appointed by the probate court.

Under the New Law:

Banks and financial institutions must provide access to a safe deposit box when the personal representative presents valid Letters of Administration.

The law also allows the representative to:

• Pay outstanding fees
• Close the safe deposit box
• Stop unnecessary ongoing charges against the estate

Even more importantly, if a bank improperly refuses access, Florida courts may now require the institution to pay the attorney’s fees incurred to resolve the issue.

For families already dealing with grief and uncertainty, this change removes unnecessary legal obstacles and delays.

Faster Access to Tax Refunds and Small Financial Accounts

HB 1337 also increases the limits for certain small asset transfers without requiring full probate administration.

Income Tax Refunds

A surviving spouse or child can now directly claim up to:

• $5,000 in federal or state income tax refunds
• Increased from the previous $2,500 limit

Small Financial Accounts

Families may now use a sworn affidavit to collect:

• Up to $2,000 from qualified financial accounts
• Increased from the prior $1,000 threshold

These updates can help families access smaller assets more quickly during financially difficult times.

What HB 1337 Means for Florida Estate Planning

For years, many Florida residents created Revocable Living Trusts primarily to avoid formal probate.

While trusts are still valuable in many situations, the expanded Summary Administration limit may mean some families no longer need complex trust structures simply to avoid probatecosts.

For individuals with moderate assets, a properly drafted:

• Last Will and Testament
• Durable Power of Attorney
• Healthcare Directive

may now provide sufficient protection while allowing loved ones to use Florida’s streamlined probate process.

Every family’s situation is different, however. Estate planning should always be tailored to your goals, assets, and family dynamics.

Speak With a Florida Probate and Estate Planning Attorney

The 2026 Florida probate law changes represent a major step toward making probate more efficient and affordable for families across the state.

If you have questions about:

• Florida probate
• Summary Administration
• Estate planning
• Wills and trusts
• Probate administration in Fort Lauderdale or Broward County

the experienced team at Salvation Legal is here to help.

Our firm provides compassionate, client-centered legal guidance rooted in integrity, professionalism, and personalized service. Contact Salvation Legal today to schedule a consultation and learn how these new Florida probate laws may impact your family and estate plan.