Florida Probate Law Changes in 2026: What HB 1337 Means for Your Estate Plan

New Florida probate law makes estate administration easier for some families—but proper estate planning is still essential.

Probate Courtroom

On July 1, 2026, a new Florida probate law took effect that could significantly impact how certain estates are handled after death. Known as HB 1337, the legislation updates several portions of Florida's probate code and expands access to simplified estate administration procedures.

For many Florida families, these changes may reduce the cost and complexity of probate. However, they do not eliminate the need for a well-designed estate plan.

At The Tanios Law Firm, P.A., we help Florida families create estate plans that protect loved ones, avoid unnecessary probate, and provide peace of mind for the future.

What Is HB 1337?

HB 1337 is a new Florida law aimed at streamlining uncontested probate proceedings and making estate administration more efficient. The legislation was passed unanimously by the Florida Legislature and became effective on July 1, 2026.

The law includes several updates, but the most significant change is the increase in the value of estates that qualify for Florida's simplified probate process known as Summary Administration.

Florida Doubles the Summary Administration Limit

Before July 1, 2026, an estate generally qualified for Summary Administration if the probate assets were worth $75,000 or less (excluding exempt property). Under the new law, that threshold has increased to $150,000.

Why Is This Important?

Summary Administration is typically faster, less expensive, and requires fewer court procedures than Formal Administration.

Benefits may include:

• Reduced legal expenses

• Faster distribution of assets

• Fewer court filings

• Less administrative burden on family members

• Simpler probate proceedings

As a result, many Florida families who previously would have needed a formal probate proceeding may now qualify for a simpler process.

Other Changes Included in HB 1337

The law also increases several other probate-related thresholds:

Small Estates Without Administration

The limit for certain intestate estates eligible for disposition without administration increased from $10,000 to $20,000.

Income Tax Refunds

Surviving spouses and children can now claim federal income tax refunds of up to $5,000 without opening a probate estate, up from the previous $2,500 limit.

Small Bank Accounts

Certain financial institutions may release up to $2,000 through affidavit procedures, an increase from the previous $1,000 limit.

Safe Deposit Box Access

The law also strengthens a Personal Representative's authority to access a deceased person's safe deposit box and clarifies procedures for financial institutions.

Does This Mean You No Longer Need to Worry About Probate?

No.

While HB 1337 is a positive change, probate remains a reality for many Florida families.

Consider this: many Florida homes alone are worth more than $150,000. If a home is titled solely in the owner's name and no probate-avoidance planning is in place, the estate may still require probate administration regardless of the new law.

Additionally, probate can still involve:

• Creditor claims

• Family disputes

• Delays in transferring property

• Court filings and legal fees

• Issues involving business interests or investment properties

The new law may help some estates move through probate more efficiently, but it does not replace comprehensive estate planning.

The Best Way to Avoid Probate in Florida

One of the most common questions we hear is:

"How can I avoid probate in Florida?"

The answer depends on your assets, family situation, and goals, but several tools may help:

Revocable Living Trusts

A properly funded trust can allow assets to pass to beneficiaries without probate while maintaining privacy and control during your lifetime.

Lady Bird Deeds

Florida's Enhanced Life Estate Deed, commonly known as a Lady Bird Deed, can allow real estate to transfer automatically upon death while preserving your control over the property during your lifetime.

Beneficiary Designations

Retirement accounts, life insurance policies, and certain bank accounts may pass directly to named beneficiaries without probate.

Proper Asset Titling

The way property is owned can significantly affect whether probate is required. A comprehensive estate plan often combines several of these strategies to help reduce future costs and complications.

Why Now Is a Good Time to Review Your Estate Plan

Whenever Florida updates its probate laws, it creates an opportunity for individuals and families to review their current planning.  You may benefit from an estate plan review if:

• Your documents are more than three years old.

• You recently purchased real estate.

• You started or acquired a business.

• You got married or divorced.

• You have minor children.

• Your net worth has increased.

• You have never created a trust or will.

Even a well-drafted estate plan should be reviewed periodically to ensure it still reflects your goals and takes advantage of current Florida law.

At The Tanios Law Firm, P.A., we focus on helping Florida families create practical and effective estate plans tailored to their specific needs.

Our services include:

• Revocable Living Trusts

• Last Will and Testament Preparation

• Durable Powers of Attorney

• Health Care Directives

• Lady Bird Deeds

• Probate Avoidance Planning

• Probate Administration

• Business Succession Planning

• Real Estate Transfer Planning

Whether you are creating your first estate plan or updating an existing one, we can help you understand how Florida's newest probate laws may affect your family.

Schedule a Consultation

The changes brought by HB 1337 may simplify probate for some families, but the best protection is still planning ahead. A thoughtfully designed estate plan can help preserve your assets, reduce stress for loved ones, and avoid unnecessary court involvement. If you would like to discuss your estate planning goals or review your current documents, contact Attorney Alexander Tanios at The Tanios Law Firm, P.A. to schedule a consultation. 407-276-8229.

This article is provided for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every estate planning matter is unique and should be evaluated based on its specific facts and circumstances.