FLORIDA PROBATE JUST CHANGED: 7 UPDATES YOU NEED TO KNOW FOR 2026

Florida probate law is changing in 2026, and these updates will affect how quickly and efficiently your loved ones can settle an estate. If you are a Personal Representative, beneficiary, or planning your own affairs, you should understand the new rules.

As of July 1, 2026, more families will qualify for “Summary Administration,” a shorter form of probate. The asset limit increases from $75,000 to $150,000, excluding exempt property and homestead. For probates filed before that date, the $75,000 dollar cap still applies. Summary Administration is still available regardless of size if the person has been deceased for more than two years.

Florida’s exempt property rules also expand. The law continues to protect up to $20,000 in household furniture and furnishings and two qualifying vehicles. A new $1,000 exemption for qualified accounts now applies in addition to the furniture allowance. This can provide extra protection for small amounts of cash or valuables for a surviving spouse or minor children.

Safe deposit box rules will be more practical but also stricter on timing. A Personal Representative who presents certified Letters of Administration can usually access and remove the contents without a separate court order. An inventory must be prepared, signed, and filed with the court within 10 days of opening the box. Some financial institutions may still insist on a specific court order before granting access.

The deadline to file the initial inventory shortens from 60 days to 30 days from the date of appointment. Personal Representatives must gather account information, real estate values, and other asset details much faster. Agreeing to serve as Personal Representative now carries even greater responsibility to act promptly and stay organized.

Small bank accounts may sometimes be paid out without a full probate. A spouse, certain adult descendants, or a parent can receive funds if the total across qualifying accounts is $1,000 or less, at least six months have passed since death, and they provide a death certificate and affidavit. For larger balances or multiple assets, probate is usually still required.

Digital assets now receive explicit attention in summary administration petitions. This category includes cryptocurrencies, online photos and documents, email accounts, social media profiles, domain names, and gaming assets. Without planning, these items can be lost or create conflict among family members.

Creditor deadlines remain strict. Creditors who are served directly with a Notice to Creditors have 30 days to file a claim. Most other creditors have three months from the first publication of the notice. Late claims are generally barred, which protects the estate and beneficiaries.

Now is a good time to review your will, trust, digital assets, and safe deposit box arrangements so your plan matches these 2026 rules.