The time following the death of a loved one is always challenging, and not just emotionally: The legal and financial tasks required to settle your loved one’s affairs can impose additional stresses.
Now, Florida has passed a law that may lighten your load if your loved one’s estate must be probated. The law revises Florida Statute 735.201 and goes into effect on July 1, 2026.
Summary Administration Threshold Increases
Probate is the court-supervised process in which creditors are paid and assets are distributed to beneficiaries. In Florida, summary administration is a streamlined form of probate that may used for small estates. It can be an alternative to the more involved and lengthy formal probate.
Summary probate may be used with estates of any size in which the decedent passed away two or more years ago; OR for estates with probatable assets under a certain value. Beginning July 1, the threshold for summary administration increases from $75,000 to $150,000. Note that homestead property and beneficiary-designated assets are excluded when assessing the value of the estate.
Summary probate is a more streamlined probate process than formal probate. A personal representative does not get appointed, and the notices and formalities associated with formal probate are unnecessary. If your loved one’s estate can be handled through summary administration, you will be able to settle his/her affairs sooner, with less hassle and less expense.
When Summary Probate is NOT Appropriate
Even if your loved one’s probate estate value is under $150,000, other issues must be considered when determining if summary administration is appropriate:
Creditors: Two years after the death of the decedent, creditors are barred from making claims. If the petition for summary administration is submitted to the court prior to the two-year cutoff, you must provide documentation that a search for creditors has been made. If the estate has debts, arrangements for payment must be documented. If a previously unknown creditor emerges after probate is concluded, beneficiaries may be liable.
Out Of State Property: Summary administration is also not advisable if the decedent owned out of state property.
Family Disagreements: Lastly, formal probate tends to be the better option if heirs are likely to be uncooperative or you expect challenges to the estate.
If complications arise for an estate in summary administration, the process may be converted to formal probate.
Click here to learn more about Florida probate..
When you consult with The Karp Law Firm, our attorneys will thoroughly evaluate all factors and advise you whether summary probate or formal probate is the best option for the estate in question. Please reach out to us at 561-625-1100.
