Last updated: September 2026 | By Carol L. Grant, P.A., Pembroke Pines, Florida
DIRECT ANSWER
Florida has no minimum estate value for probate. Any asset titled only in the deceased person's name usually needs a court process to transfer. What changes with value is the type of process. Since July 1, 2026, estates with $150,000 or less in non-exempt assets can use summary administration. Larger estates go through formal administration.
Key Takeaways
- Florida doesn't set a dollar minimum for probate. The real question is which of the state's probate paths applies to the estate.
- Summary administration is available when non-exempt probate assets total $150,000 or less (up from $75,000 on July 1, 2026), or when the person died more than two years ago.
- Protected homestead, up to two vehicles, household furnishings up to $20,000, and assets with a named beneficiary or joint owner don't count toward the $150,000 limit.
- If someone dies without a will and leaves only personal property, the family may skip administration. Non-exempt personal property must be $20,000 or less plus final expenses, and a year must have passed.
- If the estate is over the limit and the death was less than two years ago, it goes through formal administration. The court names a personal representative.
When a parent or spouse dies, one of the first questions families ask us is simple: "Does this even have to go to court?" The honest answer depends on what the person owned, how each asset was titled, and when they died. At Carol L. Grant, P.A., we help families in Pembroke Pines and across Broward County answer it. This guide walks through the numbers, including the new limits that took effect in 2026.
What Changed in Florida's Probate Thresholds in 2026?
Florida doubled its main probate limits on July 1, 2026. A new law, CS/HB 1337 (Chapter 2026-57, Laws of Florida), raised the summary administration cap from $75,000 to $150,000. It also raised three smaller limits that let families collect certain property without a full court case.
| What the limit covers | Before | Starting July 1, 2026 | Florida Statute |
|---|---|---|---|
| Summary administration (non-exempt assets) | $75,000 | $150,000 | §735.201 |
| Intestate estates of personal property only, no administration | $10,000 | $20,000 | §735.304 |
| Federal income tax refund paid to a spouse or child | $2,500 | $5,000 | §735.302 |
| Bank accounts released to a family member by affidavit | $1,000 | $2,000 | §735.303 |
The changes came from a Florida Supreme Court workgroup that studied uncontested probate cases. The bill passed without a single no vote: 37-0 in the Senate and 110-0 in the House, per the Florida Senate's bill summary.
Why does this matter? The $75,000 cap was set in 2001. A modest bank account and a car loan payoff could push an estate past it. The new $150,000 figure means many more middle-income families can now use the faster court process.
What If Your Loved One Died Before July 1, 2026?
The new law took effect July 1, 2026, but its text doesn't say whether the $150,000 limit applies based on the date of death or the date the case is filed. Many Florida attorneys read it as date of death.
If the death happened before July 1, 2026 and the non-exempt assets fall between $75,000 and $150,000, talk with a probate attorney before you pick a path. If more than two years have passed since the death, the dollar limit doesn't apply to summary administration at all.
Which Assets Count Toward Florida's Probate Limits?
Only non-exempt probate assets count toward Florida's limits. Start with what was in the person's name alone. Then take out anything with a beneficiary, joint owner, or trust. Then take out exempt property. Under §735.201, the test is the value of the estate subject to administration in Florida, less property exempt from creditors' claims.
Assets That Pass Outside Probate
These assets go straight to the new owner and never enter the calculation:
- Real estate or accounts owned jointly with right of survivorship, or by spouses as tenants by the entirety
- Life insurance, IRAs, 401(k)s, and annuities with a living named beneficiary
- Bank and brokerage accounts with a payable-on-death (POD) or transfer-on-death (TOD) designation
- Property held in a funded revocable living trust, or real estate passing by an enhanced life estate (Lady Bird) deed
Exempt Property That Doesn't Count
Some property stays out of the count even when it's in the deceased person's name alone. The biggest one for most families is protected homestead, which is excluded no matter what the home is worth. Under §732.402, a surviving spouse or children are also entitled to these exempt items:
- Household furniture, furnishings, and appliances in the home, up to a net value of $20,000
- Up to two cars or trucks the family used day to day (each under 15,000 pounds)
- 529 college savings plans, including Florida Prepaid plans
Here's how that plays out. Say your mother died in August 2026 and left a Pembroke Pines home that qualifies as protected homestead, one car, and a $110,000 bank account in her name alone. The home and car don't count. The $110,000 does, and it falls under the new $150,000 cap. Under the old limit, that same estate would have needed formal administration.
Florida's Probate Paths Side by Side
Florida has three court-based ways to settle an estate. From lightest to heaviest: disposition without administration, summary administration, and formal administration. The right one depends on the estate's size, the type of property, and the date of death.
| Disposition without administration | Summary administration | Formal administration | |
|---|---|---|---|
| Who it fits | Very small estates of personal property only | Non-exempt assets of $150,000 or less, or death more than 2 years ago | Everything else |
| Personal representative appointed? | No | No | Yes |
| Court involvement | Court issues a letter authorizing transfer | One petition, one court order | Ongoing court supervision |
| Creditors | Final expenses paid first | Known creditors found and paid or served; newspaper notice optional | Notice to creditors published; formal claims period |
| Typical timeline | Usually the shortest | Often 1–2 months | Often 6–18 months |
| Real estate allowed? | No | Yes | Yes |
Disposition Without Administration
This is Florida's lightest option. There's no personal representative and no formal case. Instead, the court reviews an application and issues a letter authorizing the transfer. People often call it a small estate affidavit, though Florida law doesn't use that term. There are two versions:
- Final expenses only ([§735.301](735301)). The estate holds only exempt personal property plus non-exempt personal property worth no more than the funeral bill and medical and hospital bills from the last 60 days of the final illness. There's no set dollar cap.
- Small intestate estates ([§735.304](735304)). The person died without a will and left only personal property. Non-exempt personal property can't exceed $20,000 plus those final expenses. At least one year must have passed since the death, and no other probate case can be open.
The intestate version also asks a lot of the family. The heirs sign a sworn affidavit, search for creditors, and make provision to pay them. If the person was over 55, the affidavit must also be served on Florida's Agency for Health Care Administration, which may have a Medicaid claim.
Summary Administration
Summary administration is a short court process with no personal representative. The family files one petition, and the judge signs an order sending the assets straight to the people entitled to them. It's available when non-exempt Florida assets total $150,000 or less, or when the person died more than two years ago.
The surviving spouse and beneficiaries generally sign the petition. Before the court signs the order, the petitioner has to search for known creditors, serve them, and make provision to pay them. Our summary administration page covers the filing steps in more detail.
When Is Summary Administration the Better Choice Over the Small-Estate Route?
Choose summary administration if any of these are true. The lighter route can't handle them:
- The estate includes real estate that isn't protected homestead
- The person left a will (the $20,000 route only covers people who died without one)
- Less than a year has passed since the death and the family needs access sooner
- Non-exempt personal property is worth more than $20,000 plus final expenses
Formal Administration
Formal administration is Florida's full probate process. It applies when non-exempt assets top $150,000 and the person died within the past two years, or when a will directs formal administration. It also makes sense when someone needs legal authority to act over time, like selling a house or collecting money owed to the estate.
The court appoints a personal representative. This person gets Letters of Administration and publishes a notice to creditors. Then they list the assets, pay valid debts, and hand out what's left. Florida's probate rules generally require an attorney for this process. Learn more on our formal probate administration page.
When Is Probate Not Necessary in Florida?
Probate isn't necessary in Florida when nothing is left in the deceased person's name alone, or when the estate fits one of the state's no-court shortcuts. Here's when families can skip a probate case:
- Every asset already had a beneficiary, joint owner, or trust
- The estate fits one of the two no-administration rules above (§735.301 or §735.304)
- The only asset is a bank account of $2,000 or less with no POD designation, which a spouse, adult child, or parent can collect by affidavit at least six months after the death (§735.303)
- The only asset is a federal tax refund of $5,000 or less, which the IRS can pay directly to a surviving spouse or child
A will doesn't avoid probate on its own. Florida law treats a will as having no power to transfer property until a court admits it to probate. If you want your own family to skip this process later, our guide to ways to avoid probate in Florida covers the tools that work.
What Happens If You Don't File Probate in Florida?
If no one opens probate, assets titled in the deceased person's name stay frozen. Banks won't release the accounts, and heirs can't sell or refinance the house with clear title. The property just sits.
There are also deadlines that run whether or not anyone files. Anyone holding the original will must deposit it with the clerk of court within 10 days of learning of the death. Read more about filing the will with the court.
Some families notice that after two years, summary administration opens up no matter the estate's size, and most creditor claims are barred under §733.710. But waiting has real costs. Property taxes, insurance, and upkeep keep coming due, and no one has clear authority to handle them. Our article on how long you have to file probate after a death in Florida covers the timing in more detail.
How Can You Tell Which Probate Path Fits Your Family?
You can usually tell which path fits by listing the assets, removing what doesn't count, and comparing what's left to Florida's limits. Work through it in this order:
- List everything the person owned and how each asset was titled: sole name, joint, beneficiary, or trust.
- Set aside assets that pass on their own, like POD accounts, life insurance with a beneficiary, and jointly owned property.
- Subtract exempt property: protected homestead, up to two vehicles, household goods up to $20,000, and 529 plans.
- Check the date of death. More than two years ago opens summary administration. Before July 1, 2026 raises the question of which cap applies. Less than a year ago rules out the $20,000 intestate route.
- Compare what's left. No will and $20,000 or less in personal property points to disposition without administration. $150,000 or less points to summary administration. More than that points to formal administration.
Most families get stuck on steps 2 and 3. Title records and homestead status aren't always clear from a bank statement or a tax bill. If you want a second set of eyes, Carol L. Grant, P.A. reviews these details with families before they file, so you know which process fits before any money is spent on the wrong one. You can schedule a call with our probate team by phone or Zoom.
Probate Help for Families in Pembroke Pines and Across South Florida
Carol L. Grant, P.A. is a probate and estate planning law firm based at 1601 N. Flamingo Road in Pembroke Pines. We handle probate and estate administration for families throughout Broward, Miami-Dade, and Palm Beach counties, including Miramar, Cooper City, and Southwest Ranches.
Many estates land right around the new limits. A paid-off condo, a car, and a savings account often add up to less than people expect once homestead and exempt property come out. When the estate qualifies for a lighter process, we'll tell you.
Frequently Asked Questions
When is probate required in Florida?
Probate is required in Florida when someone dies owning property in their name alone, with no beneficiary, joint owner, or trust in place to pass it on. This is true with or without a will. What the estate's value decides is which process applies. Estates with $150,000 or less in non-exempt assets can use summary administration, and very small estates of personal property may skip administration entirely. Estates above $150,000 where the person died within the past two years go through formal administration.
Does a will avoid probate in Florida?
No. A will tells the court who should inherit, but it doesn't transfer anything on its own. Under Florida law, a will has no power to prove title to property until a court admits it to probate. Assets that avoid probate do so because of how they're titled: beneficiary designations, joint ownership with survivorship rights, POD or TOD accounts, or a funded revocable trust. If you want your estate to skip probate, those tools matter more than the will itself.
Does the house count toward Florida's $150,000 limit?
Usually not. A home that qualifies as protected homestead is exempt from creditors' claims, so it's left out of the $150,000 calculation no matter what it's worth. A family could have a $500,000 homestead and still qualify for summary administration if the other non-exempt assets are $150,000 or less. A second home, rental property, or vacant land does count, because it isn't homestead. Homestead status depends on who survives the owner, so it's worth confirming before you file.
Can I use a small estate affidavit for a bank account in Florida?
Sometimes. It works if the person's accounts at all banks total $2,000 or less and have no POD designation. A spouse, adult child, or parent can then collect the money by sworn affidavit, with no court case. They have to wait six months after the death. For larger accounts, the family typically needs a court letter under disposition without administration or an order of summary administration. Banks generally won't release more than that without one of those court documents.
How long do you have to file probate after death in Florida?
Florida doesn't set a single deadline to open probate, but some deadlines start right away. Whoever holds the original will must deposit it with the clerk of court within 10 days of learning of the death. Most creditor claims are barred two years after the death under §733.710, and after two years an estate can use summary administration regardless of size. Waiting still leaves property frozen, so most families are better off starting sooner.
What if the estate is just over $150,000?
If non-exempt assets are even slightly over $150,000 and the person died within the past two years, summary administration isn't available and the estate goes through formal administration. Before you assume that, check the math carefully. Families often count assets that don't belong in the total, like a homestead, a car, household goods, life insurance with a named beneficiary, or a POD account. Removing those items can move an estate under the limit.
Do I need a lawyer for summary administration in Florida?
Florida doesn't always require a lawyer for summary administration. Still, many families use one. The petition has to be signed by the right people, the will must be proven, and known creditors must be found, served, and provided for before the judge signs the order. Mistakes can mean a rejected petition or personal liability for debts later. Formal administration is different: Florida's probate rules generally require an attorney for the personal representative.
Does the old $75,000 limit still apply to anyone?
It may. The new $150,000 limit took effect July 1, 2026, but the law doesn't say whether it applies by date of death or by filing date. Many Florida attorneys read it as date of death, which would keep the $75,000 limit in place for deaths before July 1, 2026. If your loved one died before that date and the estate falls between $75,000 and $150,000, get legal advice before choosing a path.
What happens to debts in summary administration?
Debts don't disappear in summary administration. Before the court signs the order, the person filing must search for known creditors, serve them with the petition, and make provision to pay them from available assets. The family can also publish a notice to creditors, which cuts off unknown claims after three months. People who receive assets can be personally responsible for their share of valid debts, up to the value of what they received, if creditors weren't handled correctly.
Talk Through Your Family's Situation
Florida's 2026 changes opened the faster probate paths to far more families. The key numbers are $150,000 in non-exempt assets for summary administration and $20,000 for small intestate estates of personal property. Both limits exclude homestead and other exempt property.
If you're not sure where your loved one's estate lands, Carol L. Grant, P.A. can review the assets with you and explain which process fits. We serve families from our Pembroke Pines office and by phone or Zoom across Broward, Miami-Dade, and Palm Beach counties. Schedule a call or reach us at (954) 404-8274.
This article provides general information about Florida probate law as of September 2026 and is not legal advice. Laws change, and every estate is different.
