On July 1, 2026, Florida doubled the threshold for summary administration from $75,000 to $150,000, giving families seeking legal help with Florida probate administration another option for smaller estates. The change expands access to a shorter probate process, but it does not automatically make an estate simple. Early organization still matters because missing records, unclear ownership, creditor issues, or the wrong filing procedure can create delays.
The First Month Sets the Process
People often picture the probate judge as the source of every delay. Many problems begin before the court has enough information to move the estate forward.
A missing original will can complicate the filing. An account may have a beneficiary or joint owner that changes how it passes. A petition may also be filed under a procedure that does not fit the estate.
The goal during the first 30 days is not to rush the court. It is to identify the estate, select the proper process, gather documents, and address obvious issues before they become larger problems.
Step 1: Preserve Assets and Gather Records
After a death, families may start paying bills, moving money, or clearing out property. Those actions should be handled carefully.
Start by collecting:
- The original signed will, if one exists
- Certified copies of the death certificate
- Recent bank and investment statements
- Deeds, vehicle titles, and mortgage records
- Business ownership and operating documents
A business interest may be part of the probate estate. Depending on the circumstances, the personal representative may need to protect, value, transfer, or sell it.
Step 2: Apply the New $150,000 Rule Carefully
This is where the 2026 change can help. Under the updated summary administration limit, Florida permits summary administration when the value of the entire estate subject to administration in Florida, less property exempt from creditor claims, does not exceed $150,000. It can also apply when the decedent has been dead for more than two years.
Certain assets may pass outside probate, including some accounts with beneficiary designations and property owned with survivorship rights. Qualifying homestead and other exempt property may receive separate treatment.
A family should identify probate assets before assuming every dollar counts toward the threshold. Families should also review ownership records, beneficiary designations, and outstanding debts before deciding whether a simplified procedure is available for this estate.
Summary administration can be appropriate for qualifying estates, while formal administration may be relevant when creditor issues, disputes, complex assets, or other circumstances require a more involved process.
Step 3: Address Creditors Early
Formal administration includes a statutory process for notifying creditors. Once the required notice is published and served, deadlines for claims begin to run.
Under Florida law, many claims must be filed by the later of three months after first publication of the notice to creditors or, for creditors who must receive individual service, 30 days after service. Florida law also generally limits claims against an estate after two years from the decedent’s death, subject to statutory exceptions.
Starting this process early does not mean every creditor disappears. A creditor can still file a valid claim within the applicable period, and the personal representative may need to object to claims that are disputed or improper.
Step 4: Choose an Eligible Personal Representative
The personal representative manages the probate estate and must follow legal duties when protecting property, keeping records, addressing debts, and making distributions.
“A personal representative is a fiduciary who shall observe the standards of care applicable to trustees.”
Section 733.602(1), Florida Statutes
The person nominated in the will may have priority, but eligibility still matters. A nonresident cannot automatically serve simply because the family wants that person to handle the estate. Florida law permits certain nonresidents to qualify based on relationships to the decedent, including specified family relationships.
Choose someone who can protect estate property, maintain records, and respond to the court and creditors. Asking before filing can prevent unnecessary changes later.
Step 5: Move the Paperwork Forward
Probate cannot progress on intentions alone. The required petition, will, death certificate, notices, and other supporting documents must be prepared correctly and submitted through the appropriate process.
“We prepare pleadings in as little as 24 to 48 hours.”
The firm works from offices in Boca Raton and Fort Lauderdale and handles probate matters across Florida. Attorneys Thomas R. Walser and Michael Bracchi cover estate administration, trust administration, asset transfers, creditor claims, estate tax returns, and ancillary probate for owners who lived elsewhere but held Florida property. The firm offers a free 30-minute consultation at (561) 210-5500.
A quick drafting timeline does not guarantee a fast probate. Court requirements, creditor claims, real estate, taxes, and disputes can affect the schedule. Early paperwork can reduce avoidable delays.
The Bottom Line
Florida’s 2026 law gives qualifying estates a higher threshold for summary administration, but the first month still matters. Families should identify probate assets, review creditor issues, confirm the proper procedure, select an eligible personal representative, and gather the documents needed for filing.
The first 30 days cannot guarantee an outcome or eliminate every court delay. They can help the estate move through required steps with fewer avoidable problems.
Frequently Asked Questions
Q. How long does probate take in Florida?
Summary administration can take weeks or months depending on the estate, court, documents, and creditor or asset issues. Formal administration commonly takes several months because of required notice and claims procedures. Disputes, tax matters, or real estate can extend the timeline.
Q. Does the family home count toward the $150,000 limit?
Qualifying protected homestead property may be exempt from creditor claims and receive special treatment when determining property subject to administration. It should still be identified and reviewed.
Q. Can we skip probate if every account names a beneficiary?
Possibly. Some beneficiary-designated accounts and jointly owned assets pass outside probate. If no assets remain in the decedent’s sole name that require administration, probate may not be necessary. Ownership documents should be reviewed before making that assumption.
Q. Which limit applies if the death happened before July 1, 2026?
The effective date matters, but the correct procedure can depend on the estate, assets involved, and when the proceeding is filed. Families should review the applicable statute before relying on the new threshold.
Q. What if the person lived in another state but owned a Florida condo?
Florida real estate owned by a nonresident may require ancillary probate in Florida even when the primary estate is handled in another state. The Florida proceeding addresses the property located here.
