Updated for Florida's July 1, 2026 Probate Law Changes

by Thomas Walser

Losing a loved one is difficult enough without having to navigate Florida's probate system. Fortunately, beginning July 1, 2026, Florida expanded eligibility for Summary Administration, allowing more families to take advantage of a faster and less expensive probate process. The new law increases the asset threshold from $75,000 to $150,000, meaning many estates that previously required Formal Administration may now qualify for Summary Administration.

At Walser Law Firm, we've spent more than 40 years helping Florida families through the probate process. Our attorneys have handled over 4,000 probate matters, including more than 1,000 summary administrations, and our probate paralegals bring a combined 50 years of probate experience. As a former CPA with a Master's in Estate Planning, our founding attorney understands both the legal and financial complexities involved in settling an estate.

What Changed on July 1, 2026?

The most significant change to Florida's Summary Administration law is the increase in the eligibility threshold.

Before July 1, 2026:

• Estates with probate assets valued at $75,000 or less generally qualified for Summary Administration.

Beginning July 1, 2026:

• Estates with probate assets valued at $150,000 or less may now qualify for Summary Administration.

This means many families who previously faced a lengthy Formal Administration may now have access to a more streamlined probate process.

The 2026 legislation also:

• Increased the "Disposition Without Administration" limit from $10,000 to $20,000 in qualifying situations.
• Increased the amount of a deceased person's income tax refund that a surviving spouse or child may claim without probate court approval from $2,500 to $5,000.

What Is Summary Administration?

Summary Administration is Florida's simplified probate process designed for qualifying estates.

Compared to Formal Administration, Summary Administration generally involves:

• Less paperwork
• Lower court costs
• Reduced attorney's fees
• A shorter probate process

For many families, it is the most efficient way to transfer assets after a loved one's passing.

Who Qualifies for Summary Administration?

Generally, an estate may qualify if:

• The value of the probate estate is $150,000 or less, or
• The decedent has been deceased for more than two years.



Importantly, not every asset counts toward the $150,000 limit. Certain assets—including homestead property and many accounts with designated beneficiaries—may be excluded when determining eligibility. Properly calculating probate assets is one of the most important parts of deciding whether Summary Administration is available.

Can You Use Summary Administration Without a Will?

Yes.

Many people mistakenly believe Summary Administration is only available if the decedent left a will. In reality, Florida law allows Summary Administration whether the decedent died with or without a will, provided the estate otherwise qualifies.

Do All Heirs Have to Agree?

Generally, all beneficiaries or heirs who are entitled to receive property from the estate must be properly addressed during the Summary Administration process. Depending on the circumstances, court approval and a hearing may be required.

Because every family situation is different, having an attorney prepare the necessary filings helps ensure the process moves forward without unnecessary delays.

Do You Need an Attorney?

Although Florida law does not always expressly require an attorney for Summary Administration, many people underestimate how technical the process can be.

One of the biggest misconceptions we encounter is that families can simply complete the paperwork themselves. In reality, probate courts generally prefer that Summary Administration petitions be prepared by an attorney because even small mistakes can delay the case or require additional court filings.

At Walser Law Firm, we frequently help families avoid issues involving:

• Incorrect asset valuations
• Missing heirs
• Improper court filings
• Delays caused by incomplete documentation
• Questions regarding creditor claims

Common Mistakes Families Make

Even with the new 2026 law, families often encounter avoidable problems.

Some of the most common include:

• Assuming every estate under $150,000 automatically qualifies.
• Miscalculating which assets count toward the probate estate.
• Attempting to file without legal guidance.
• Overlooking potential creditor claims.
• Failing to identify all heirs or beneficiaries.

These issues can delay what is intended to be a simplified probate process.

When Summary Administration May Not Be the Best Option

Although Summary Administration offers many advantages, it is not appropriate for every estate.

Formal Administration may still be necessary when:

• There are creditor disputes.
• Heirs cannot be located.
• There are unknown beneficiaries.
• The estate contains complicated or difficult-to-value assets.
• Ancillary probate is required for property located outside Florida.

An experienced probate attorney can determine which procedure best fits your family's situation.

Why Families Choose Walser Law Firm

Choosing the right probate attorney can make a significant difference in both the cost and efficiency of the probate process.

Families throughout Florida trust Walser Law Firm because we offer:

• More than 40 years of probate experience.
• Over 4,000 probate matters handled.
• More than 1,000 Summary Administration cases.
• A former CPA with a Master's in Estate Planning.
• Probate paralegals with a combined 50 years of experience.
• Faster document preparation.
• Proactive communication throughout the case.
• Personal attorney access.
• A commitment to preventing avoidable delays whenever possible.

We proudly assist clients in all 67 Florida counties.

What Documents Should You Gather?

Before meeting with a probate attorney, gathering the following documents can help make the process more efficient:

• Original Will (if one exists)
• Trust documents (if applicable)
• Certified death certificate
• Names and current addresses of all heirs and beneficiaries
• A list of the decedent's assets and debts

Having these documents available allows your attorney to determine whether the estate qualifies for Summary Administration under Florida's updated law.

Speak With an Experienced Florida Probate Attorney

Florida's July 1, 2026 changes have made Summary Administration available to many more families. However, determining whether an estate qualifies requires more than simply looking at its total value.

At Walser Law Firm, we have spent more than four decades helping families navigate Florida probate with confidence. If you've recently lost a loved one and want to know whether the new Summary Administration rules apply to your situation, our experienced probate team is here to help.

Contact Walser Law Firm today to schedule your free 30-minute consultation and learn whether your loved one's estate qualifies under Florida's new 2026 Summary Administration law.