Changes in Florida's Probate System for 2026

What are the changes in Florida’s probate system for 2026? The clearest enacted change concerns summary administration, a simpler court path for smaller estates. The summary administration statute now sets the value limit at $150,000, and its history line lists ch. 2026-57. Many online posts mix this change with others, so this page sticks to enacted law.

What the 2026 Florida probate changes are and where they come from

The main enacted change for 2026 is in Florida’s summary administration statute, amended by ch. 2026-57. The current text sets the value limit at $150,000 under the summary administration statute.

Online posts also give a July 1, 2026 start date and an older dollar limit.

Two notice rules often get lumped in with the 2026 changes, but they date from 2024. The creditor notice statute and the notice of administration statute were both amended by ch. 2024-238. Heirs who receive court papers should know which rules are new and which are older. Proposals and pending bills are not treated as law here.

Which estates the changes affect

Whether a 2026 change reaches a particular estate depends on the facts of that estate. Those facts include its value, whether there is a will, and how long the decedent has been dead.

The summary administration value test looks at the estate subject to administration in Florida. Property exempt from creditors’ claims is subtracted first. A second route applies if the decedent has been dead for more than 2 years, under the same summary administration statute.

Heirs and beneficiaries have a role. A beneficiary, or a person nominated as personal representative in the will, may file a petition for summary administration under § 735.203. The surviving spouse and beneficiaries must sign and verify it. A beneficiary who receives a full share may skip joining, but still must be served with formal notice.

Trust beneficiaries are affected too. If each trustee of a trust that is an estate beneficiary also petitions, formal notice must go to each qualified beneficiary of that trust. The exception is when they join or consent, under the same petition statute.

Summary administration and estate administration in Florida

Summary administration is the shorter court route. Its value and time conditions are set in s. 735.201, while the petition itself may be filed by any beneficiary or person nominated as personal representative in the decedent’s will offered for probate.

For a testate estate, the will must not direct administration under chapter 733. The value test also applies. The entire estate in Florida, less exempt property, must not exceed $150,000, or the decedent must have been dead for more than 2 years. The source is the summary administration statute.

Before the court enters an order, the petitioner must search for known creditors. The petitioner must serve them with the petition and provide for payment to the extent assets are available, under § 735.206.

After 2 years from the decedent’s death, the estate and those who received its property are not liable for a claim. The exception is a claim already in enforcement proceedings, under the same statute.

Intestacy rules in Florida when there is no will

When a person dies without a valid will, Florida law sends the property to heirs in a set order. This applies to any part of the estate not effectively disposed of by will, under § 732.101.

The surviving spouse’s share depends on who else survives. If the decedent left no descendants, the spouse takes the entire intestate estate. If the decedent left descendants who are not also the spouse’s descendants, the spouse takes one-half, under § 732.102.

Under § 732.102, the surviving spouse’s intestate share depends on whether the decedent left descendants and whether they are also the spouse’s descendants. Under § 732.103, the part of the intestate estate not passing to the surviving spouse goes first to the decedent’s descendants; if there are none, to the decedent’s father and mother equally or to the survivor of them; and only if none of those exist, to siblings and their descendants, and then to kindred.

A valid will must be in writing and signed by the testator at the end. The testator must sign the will at the end, or another person may subscribe the testator’s name at the end in the testator’s presence and by the testator’s direction. The testator’s signing or acknowledgment must be made in the presence of at least two attesting witnesses, who must sign the will in the presence of the testator and in the presence of each other, under § 732.502. Without a will, no one is named to carry out the decedent’s wishes.

How probate works in Florida and why the claims period matters

Probate is the court process that settles a dead person’s estate and debts before property passes to heirs or beneficiaries. The personal representative leads it, and creditor notice is one of its first steps.

The personal representative must promptly publish a notice to creditors. Publication runs once a week for 2 consecutive weeks in a newspaper published in the county where the estate is administered or, if there is no such newspaper, in a newspaper of general circulation in that county, under § 733.2121.

The personal representative must promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable and serve them a copy of the notice, except creditors who have filed a claim, been paid in full, or are listed in a timely filed proof of claim. If the decedent was 55 or older, a copy of the notice and the death certificate must go to the Agency for Health Care Administration within 3 months after first publication. That applies unless the agency already filed a claim, under the same statute.

Under § 733.710, the 2-year bar runs from 2 years after the person’s death, not from first publication of the notice. For a creditor who must be served with a copy of the notice to creditors, the claim deadline is the later of 3 months after the first publication of the notice to creditors or 30 days after the date of service on that creditor, under § 733.702. Under Fla. Stat. § 733.702, if not barred by s. 733.710, claims against a decedent’s estate, including claims for damages, are not binding on the estate, the personal representative, or any beneficiary unless they are filed in the probate proceeding by the deadline the statute sets. Fla. Stat. § 733.702 provides that, unless a claim is filed in the probate proceeding on or before the later of 3 months after the first publication of the notice to creditors or, for a creditor who must be served with a copy of that notice, 30 days after service on that creditor, the claim is not binding on the estate, the personal representative, or any beneficiary, even though the personal representative has recognized the claim by paying part of it, interest on it, or otherwise.

A late claim is barred, even if nobody objects. Fla. Stat. § 733.702 reads: “unless filed in the probate proceeding on or before the later of the date that is 3 months after the time of the first publication of the notice to creditors or, as to any creditor required to be served with a copy of the notice to creditors, 30 days after the date of service on the creditor, even though the personal representative has recognized the claim or demand by paying a part of it or interest on it or otherwise.” The court can extend the time only for fraud, estoppel, or insufficient notice of the claims period. Fla. Stat. § 733.702 reads: “No independent action or declaratory action may be brought upon a claim which was not timely filed unless an extension has been granted by the court.”

What probate means for personal representatives and trustees

Probate in a will is the court-supervised process of carrying out the will’s terms. The person who runs it is the personal representative, often called an executor.

A personal representative is a fiduciary. The statute requires the standards of care that apply to trustees, and prompt, efficient settlement and distribution, under § 733.602.

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries.

Heirs and others served with a notice of administration have 3 months to object to the will’s validity, venue, or the court’s jurisdiction, under § 733.212. Those objections are otherwise forever barred. The outside limit is the earlier of final discharge or 1 year after service. Fla. Stat. § 733.212 reads: “(d) That persons who may be entitled to exempt property under s. 732.402 will be deemed to have waived their rights to claim that property as exempt property unless a petition for determination of exempt property is filed by such persons or on their behalf on or before the later of the date that is 4 months after the date of service of a copy of the notice of administration on such persons or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the exempt property.” Fla. Stat. § 733.212 reads: “(c) That any interested person on whom a copy of the notice of administration is served must file on or before the date that is 3 months after the date of service of a copy of the notice of administration on that person any objection that challenges the validity of the will, the venue, or the jurisdiction of the court.”

Next steps if a relative’s estate is already in the probate process

If a court notice has arrived, the deadlines in these statutes are the first dates to track. Gather papers early, because each period runs from a specific date.

Useful papers include the original will if one exists, the death certificate, a list of assets and debts, and every notice from the court or the personal representative. Note the date each notice was served or published. The objection and claim periods run from those dates.

Trust Counsel’s only office is in Coral Gables, Florida. Leslie V. Marenco is the responsible lawyer for this page. For the litigation side of estate and trust disputes, see trust litigation attorney services.

Trust Counsel offers a free first consultation that is confidential and carries no obligation to continue. If a relative’s death has left you with court papers or a family dispute, call (305) 707-7126 or schedule online.