Florida Probate Reform 2026: What CS/SB 1500 Changes for Executors

Florida's most significant overhaul of probate law in over a decade took effect on July 1, 2026. CS/SB 1500 raises the threshold for simplified estate administration, creates new rights for executors dealing with uncooperative banks, and adjusts the limits for the smallest estates. If someone in your family died on or after July 1, 2026, these new rules apply.

Here is what changed and what it means for the way you administer the estate.

The Summary Administration Threshold Doubles

The most impactful change is the doubling of the summary administration threshold.

Summary administration is an expedited probate route that bypasses the appointment of a formal personal representative. Under the old rules, it was available when the non-exempt probate assets were worth $75,000 or less. Under CS/SB 1500, effective July 1, 2026, that threshold rises to $150,000.

This matters enormously because exempt assets — homestead real estate, life insurance proceeds paid to named beneficiaries, jointly held accounts with right of survivorship, and retirement accounts with designated beneficiaries — do not count toward the $150,000 cap.

A family where the estate includes a $600,000 homestead, a $200,000 life insurance policy with a named beneficiary, and $140,000 in a brokerage account qualifies for summary administration under the new rules, because only the $140,000 brokerage account is a non-exempt probate asset. Under the old $75,000 threshold, the same estate would have required full formal administration.

Summary administration typically takes weeks to a few months rather than the six to twelve months required for formal administration. It does not involve a court-appointed personal representative, which also eliminates the mandatory attorney fee structure that applies to formal proceedings. For families with moderate-sized estates above the old $75,000 threshold, this change can mean avoiding months of delay and thousands of dollars in fees.

Important timing note: The $150,000 threshold applies to estates of decedents who died on or after July 1, 2026. For deaths before that date, the old $75,000 limit applies.

Summary Administration Is Still Available After Two Years

Regardless of estate value, summary administration also remains available when the decedent has been dead for more than two years. This is unchanged by CS/SB 1500. The two-year elapsed time allows the summary route even for large estates, since all unsecured creditor claims are absolutely barred two years after death under Florida Statute 733.710.

Disposition Without Administration: The Threshold Also Rises

For the very smallest estates — those consisting only of exempt property and a small amount of non-exempt personal property — Florida allows "Disposition Without Administration," a non-probate mechanism to reimburse individuals who paid the decedent's final medical expenses or funeral costs.

CS/SB 1500 raises the non-exempt personal property limit for this route from $10,000 to $20,000 for intestate estates. This is a modest change but useful for families dealing with truly minimal estates consisting mostly of personal belongings and a small checking account.

Disposition Without Administration cannot be used to transfer real estate. It is exclusively a mechanism for reimbursing specific expenses against certain types of personal property.

New Enforcement Powers Against Banks and Brokerages

CS/SB 1500 addresses one of the most persistent frustrations in Florida estate administration: financial institutions that refuse to honor valid court orders.

Under the old law, personal representatives with court-issued Letters of Administration sometimes encountered banks and brokerage firms that stonewalled asset releases, demanded their own internal forms, or delayed transfers for weeks while citing their own internal compliance processes. The personal representative had few options other than waiting or threatening litigation at their own expense.

The new law changes this calculus. CS/SB 1500 now authorizes personal representatives to initiate legal proceedings against non-compliant financial institutions and recover taxable costs and attorney's fees from institutions that unjustly delay asset distribution.

This is a significant shift. Banks and brokerages that previously stonewalled with little financial consequence now face direct liability for obstruction. For executors dealing with frozen accounts or unresponsive institutions, the new law provides a statutory basis to demand action — and to recover the legal costs of forcing it.

In practice, a formal demand letter from the estate's probate attorney citing the new CS/SB 1500 enforcement provisions will often be sufficient to prompt compliance without litigation. The mere existence of statutory attorney fee recovery changes how institutions respond.

How the Three Probate Routes Now Differ

Understanding which route applies is the first decision every executor must make. Here is how Florida's three routes compare under the updated rules:

Formal Administration is the full court-supervised process. It is required when non-exempt probate assets exceed $150,000 (for deaths on or after July 1, 2026) and the decedent has been dead for less than two years. A personal representative is formally appointed by the court via Letters of Administration. This process typically takes six to twelve months and requires attorney representation under Florida Probate Rule 5.030.

Summary Administration is the expedited route. It is available when non-exempt probate assets are $150,000 or less (for deaths on or after July 1, 2026), or when the decedent has been dead for more than two years regardless of estate value. No personal representative is appointed; instead, the judge issues an Order of Summary Administration directing asset distribution. Attorney representation is still required in most cases.

Disposition Without Administration is the non-probate path for the smallest situations: estates consisting entirely of exempt property plus up to $20,000 in non-exempt personal property used to reimburse funeral and medical expenses. Real estate cannot pass through this route.

What Formal Administration Still Requires

CS/SB 1500 does not change the procedural requirements of formal administration for estates above the new threshold. The core timeline remains:

• The will must be deposited with the probate court clerk within 10 days of the executor learning of the death.
• A Verified Inventory of all probate assets is due within 60 days of the Letters of Administration being issued.
• Notice to Creditors must be published in a local newspaper for two consecutive weeks immediately following appointment.
• General unsecured creditors have three months from the first publication to file claims.
• Known creditors must be served directly and have 30 days from service or three months from publication, whichever is later.
• The absolute two-year creditor bar under Florida Statute 733.710 extinguishes all unsecured claims after two years from the date of death.

Total formal administration typically requires six to twelve months minimum, heavily driven by the creditor notification window.

County Filing Fees Are Largely Unchanged

CS/SB 1500 does not change county filing fees, which are set by state statute and applied uniformly. For 2026, formal administration filing fees run $400 to $401 depending on the county, with summary administration fees at $345 to $346 for estates over $1,000 and $235 to $236 for estates under $1,000.

However, individual counties maintain their own procedural requirements that can significantly affect how a case moves. Broward County uses mandatory "Smart Forms" that replace standard state forms and are required for all filings. Orange County requires proposed orders in Microsoft Word format sent directly to the judge's chamber email. Hillsborough County's Division A is entirely paperless and prohibits email to judicial assistants. Collier County still requires physical delivery of the original Last Will to the Naples courthouse.

For a county-by-county breakdown of procedural quirks and requirements, the Florida Final Tax & Estate Tax Guide includes detailed matrices covering the ten largest Florida counties.

The Bottom Line for Families Administering a 2026 Florida Estate

If the decedent died on or after July 1, 2026 and the non-exempt probate assets are under $150,000, summary administration is available — which means a faster, simpler, and likely less expensive path through the court system. If you have been told the estate must go through formal administration based on the old $75,000 threshold, that advice needs to be revisited in light of the new law.

If the estate requires formal administration and you encounter a bank or brokerage firm that refuses to release assets after receiving valid Letters of Administration, the new CS/SB 1500 enforcement provisions give your attorney a statutory basis to demand compliance and recover costs.

These are not minor technical updates. For thousands of Florida families, the 2026 reform makes estate administration meaningfully faster and more manageable.

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