Every person who lives in Florida has heard the joke that this is the retirement capital of the United States, and the probate cases show that there might be some truth to that. Florida has a large aging population and although criminal cases are on the decline, probate cases are steadily rising. Whether you are in Miami, Fort Lauderdale, or Palm Beach, navigating the South Florida probate courts requires proactive and informed estate planning.

Although most probate cases are straightforward, overburdened courts and common delays can drag things out dramatically. To combat this, a panel of legal experts came together to create Florida House Bill 1337 to expedite small estate procedures and decrease the need for court involvement. For families seeking a seamless transition of assets, partnering with a trusted South Florida probate lawyer can turn these new legislative updates into a strategic advantage to secure your family’s future.

What Every Florida Probate Lawyer Needs to Know About FL House Bill 1337

Florida House Bill 1337 is a short bill that will make massive waves for probate courts in Florida this summer when it splashes down on July 1st, 2026. In just seven pages, the bill manages to change law affecting:

• • Summary Administration

• • Increased Independence of Personal Representatives

• • Attorneys Representing Personal Representatives

• • Costs and Attorneys’ Fees

• • Safe-Deposit Boxes Leased by Decedents

• • Income Tax Refunds for Estates

• • and more!

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Expanding Florida Summary Administration for Faster Resolutions

Arguably, the most impactful change created by HB 1337 is that all estates whose entire value is below $150,000 will now pass through summary administration, a quicker and cheaper way to settle estates. The previous maximum was $75,000, meaning that the estates of millions of Floridians will be probated faster, leaving courts and families satisfied with the efficiency, decreased costs, and simplicity of the process. This is a massive win for those looking to avoid probate delays in Florida and rapidly protect their legacy.

Increased Power of Personal Representative

Another significant development of this bill is the increased independence of personal representatives. A personal representative may now invoke the jurisdiction of the court to resolve questions concerning the estate or its administration and to enforce their authority as a personal representative. A personal representative may also, without a court order, institute a proceeding to enforce his or her authority, and if they win, the court will award the personal representative with taxable costs and attorney’s fees. The court may direct payment from any person with an interest in the estate or anyone whose action or inaction brought about the proceeding. These changes mean that people should be wary of challenging a personal representative’s authority to avoid having to pay their attorney’s fees if they take you to court (and win)!

Attorneys Representing Personal Representatives

It is essential for attorneys to consider how this rule the entitlements of personal representatives during representation. Personal representatives are entitled to a summary of ordinary and extraordinary services rendered at the conclusion of representation. Extraordinary services may include involvement in any proceedings to enforce the authority of a personal representative, among other services. Also, attorneys must provide a copy of any separate written agreement between them and the decedent to the personal representative before starting representation and if employed, must promptly file and additionally serve a copy on all interested parties. If the decedent agrees or puts in his or her will that the personal representative should hire a specific attorney, if that attorney is employed, the compensation may not exceed the amount agreed upon in the agreement or will.

Accessing Safe-Deposit Boxes Leased by Decedents

Another interesting level to this bill is the effect it has on safe-deposit boxes. This bill makes it mandatory that lessors allow personal representatives who present the letters of administration access to the decedent’s safe-deposit boxes. Lessors may allow any fiduciary or authorized agents to access safety-deposit boxes as well if they choose. This goes for all safe-deposit boxes leased by decedents even if the box is leased by multiple people. The lessor is also required to immediately deliver all deposited property to the personal representative, and the personal representative is allowed to remove the contents of the safe-deposit box. Additionally, the personal representative or their attorney is allowed to pay accumulated charges and terminate the lease.

Expedited Income Tax Refunds

Although a small change, it is important to note that HB 1337 has doubled the amount of overpayment to the IRS that can be directly refunded to the surviving spouse or the children of the decedent if they prove that the decedent had no outstanding debts from $2,500 to $5,000.

Transparent Costs and Attorney’s Fees

HB 1337 also reaffirms that the court has broad discretion in deciding from where in the estate the attorney’s fees should be paid, and there are many factors to be considered.

Easier Rules for Small Estates and Estate Transfers

This bill also makes small changes that give small estates more abilities to transfer. Banks may now release up to $2,000 from a deceased person’s accounts directly to a family member without requiring a court proceeding, so long as the family member provides a death certificate and signs a statement confirming the total funds in the decedent’s accounts do not exceed $2,000. Formal probate proceedings may also be avoided for certain small estates when a person dies without a will, provided the estate is not worth more than $20,000 in nonexempt property, the decedent has been deceased for more than one year, and no probate case has already been opened. In addition, individuals holding property belonging to the estate or owing money to the estate may transfer those assets to an out-of-state personal representative 90 days after the representative’s appointment.

Protect Your Assets with Expert South Florida Probate Guidance

While HB 1337 is only seven pages long, it is set to make a big impact on probate practice in Florida. By expanding summary administration, giving personal representatives more flexibility, and making it easier to handle small estates without heavy court involvement, the bill aims to make the probate process faster, cheaper, and less stressful for families. With Florida’s probate courts continuing to handle growing caseloads, these changes are likely to benefit both the courts and the people navigating the estate process.

As the July 1, 2026 effective date approaches, probate attorneys and personal representatives should take time to understand these updates because they will almost certainly change the way many Florida estates are handled moving forward.

Schedule a consultation with our experienced South Florida probate team today!

Ensure your estate planning strategy is fully optimized and your family’s legacy is secure.