Starting July 1, 2026, Floridians will see a significant shift in how probate cases are handled, especially when it comes to summary administration vs. formal probate

For many, this change could mean a simpler, faster, and less expensive path through probate. 

A Quick Refresher: What Is Summary Administration? 

In Florida, probate generally comes in two main forms: 

  • Formal administration, which is the traditional, court-supervised process with a personal representative  
  • Summary administration, which is a streamlined process used for smaller estates or qualifying situations  

Right now, summary administration is typically available when the non-exempt probate estate is relatively modest in value, with a current threshold around $75,000, or when the decedent has been deceased for more than two years. 

It is faster, involves less court oversight, and often reduces legal costs and administrative burdens for families. 

What’s Changing on July 1 

Under newly passed legislation taking effect July 1, Florida is increasing the threshold for summary administration from $75,000 to $150,000 for non-exempt probate assets in qualifying estates.  

In practical terms, this means more estates will now qualify for summary administration instead of formal probate. 

Why This Matters for Families 

This change is more than just a technical update- it has real impact on how families experience probate. 

More families may avoid formal probate 

If an estate falls under the new threshold, families may be able to use summary administration instead of a full court-supervised process. 

That can mean: 

  • Fewer court filings  
  • No personal representative appointment  
  • Faster resolution of the estate  
  • Lower overall legal and administrative costs  

Faster access to inherited assets 

Formal probate can take many months (sometimes longer), while summary administration is often resolved in a fraction of the time. 

For families waiting on bank accounts, property transfers, or other assets, that time difference matters. 

Less court involvement overall 

One of the most meaningful shifts is reduced court supervision. Summary administration is designed to be more direct, meaning fewer procedural steps and less ongoing administration. 

What Hasn’t Changed 

Even with this update, some key probate principles remain the same: 

  • Homestead property and certain exempt assets are generally not counted toward the threshold  
  • Creditor rights still matter and must be addressed appropriately  
  • Estate planning tools like trusts remain the best way to avoid probate entirely  

Planning ahead still matters. 

Even with a more generous summary administration threshold, the cleanest way to avoid probate complications is still proper estate planning, especially with tools like revocable trusts. 

Family First Firm: Your Partner to Avoid Probate Entirely 

This is one of the most significant probate updates Florida has seen in years, and it will directly impact how many families experience settling a loved one’s estate. 

If you have questions about whether an estate qualifies, or what this change means for your own planning, now is a good time to review your documents and strategy. 

Family First Firm is here to help you understand your options and plan with clarity before the rules go into place. 

Copyright © 2025. Family First Firm – Medicaid & Elder Law Attorneys. All rights reserved.

The information in this post is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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During this special event, you’ll discover:

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