Florida Probate Changes July 1:

What Pinellas Families Should Know

Florida probate law changed on July 1, 2026. For many Pinellas County families, the most important change is simple: more estates may now qualify for a shorter probate process.

That does not mean probate is automatic, easy, or risk-free. It does mean that families in St. Petersburg, Clearwater, Largo, Seminole, Pinellas Park, Gulfport, and throughout Pinellas County should revisit old assumptions about Florida probate.

If you were previously told that an estate was “too large” for summary administration, the new law may change the analysis.

What Changed in Florida Probate Law on July 1, 2026?

The Florida Legislature passed CS/HB 1337, now Chapter 2026-57, Laws of Florida, which became effective July 1, 2026. The bill amended several parts of the Florida Probate Code and related financial-institution statutes.

The major changes include:

The summary administration threshold increased from $75,000 to $150,000.

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

Certain federal income tax refunds may now be paid without administration up to $5,000 instead of $2,500.

Certain small financial accounts may now be paid to a family member without court proceedings up to $2,000 instead of $1,000.

Personal representatives received clearer authority to enforce their powers when banks, financial institutions, or others refuse to cooperate.

Personal representatives also received clearer access rights involving safe-deposit boxes.

For families dealing with the death of a loved one, these changes may reduce delay, cost, and frustration. For families planning ahead, these changes are a reminder that probate strategy and estate planning should be reviewed periodically.

Why This Matters for Pinellas County Families

Probate is the court process used to identify a deceased person’s assets, determine who has authority to act, address creditor issues, and distribute property to the proper beneficiaries or heirs.

In Pinellas County, probate matters are handled through Florida’s Sixth Judicial Circuit, which serves Pinellas and Pasco Counties. The Sixth Judicial Circuit explains that it serves citizens of Pinellas and Pasco Counties and includes circuit court divisions for matters such as probate, guardianship, and estate-related proceedings. See the Sixth Judicial Circuit of Florida.

That local court process can feel overwhelming, especially when a family is also dealing with grief, funeral arrangements, real estate issues, bank accounts, vehicles, creditors, or disagreement between relatives.

For many families, the first question is not, “What is probate?”

The better first question is:

Do we need formal administration, summary administration, disposition without administration, or no probate at all?

The July 1 changes make that question even more important.

The Biggest Change: Summary Administration Increased to $150,000

Under amended Florida Statutes section 735.201, summary administration may be available when the value of the entire estate subject to administration in Florida, less property exempt from creditor claims, does not exceed $150,000. Before July 1, 2026, that number was $75,000.

Summary administration is a shortened form of Florida probate. It is often faster and less involved than formal administration. In many cases, no personal representative is appointed. Instead, the court enters an order directing distribution of the estate assets.

This can matter greatly for Pinellas families.

For example, an estate with a modest bank account, a vehicle, and a small investment account may now qualify for summary administration where it previously may have required formal administration. That can potentially reduce the time and expense involved.

However, summary administration is not always the right option. It still requires careful review of the assets, debts, heirs, beneficiaries, will, creditor issues, and whether homestead or exempt property is involved.

What Does “Estate Subject to Administration” Mean?

The $150,000 number does not necessarily mean the total value of everything connected to the deceased person.

Florida probate looks at assets that are actually subject to probate administration. Some assets may pass outside probate, depending on how they are titled and whether beneficiary designations exist.

Assets that may pass outside probate can include:

Joint accounts with rights of survivorship.

Payable-on-death bank accounts.

Transfer-on-death accounts.

Life insurance with a named beneficiary.

Retirement accounts with a valid beneficiary designation.

Certain trust assets.

Property that is otherwise exempt or protected under Florida law.

This is why families should not assume they know which probate process applies based only on the total value of the deceased person’s life.

A $400,000 homestead, a life insurance policy with a named beneficiary, and a $90,000 bank account may not be analyzed the same way as $400,000 sitting in an individually titled investment account with no beneficiary.

For more background, see our article on transfers outside of probate, including payable-on-death and transferable-on-death designations.

Summary Administration Is Still Available After Two Years

Florida summary administration is also available when the decedent has been dead for more than two years. That part remains important.

Under Florida law, summary administration may be available if the estate is below the applicable threshold or if the decedent has been dead for more than two years. The two-year rule matters because most creditor claims are barred two years after death under Florida Statutes section 733.710.

For Pinellas families, this often comes up with real estate.

A parent may have passed away years ago, but the family never opened probate because everyone continued living in the home or no one tried to sell it. Then, when the family later tries to sell or refinance the property, a title company discovers that probate or a court order is needed.

In that situation, summary administration may be a practical path. But the family still needs to confirm title, heirs, homestead issues, creditor issues, and whether the will, if any, was properly deposited or can be located.

For more on this issue, see our discussion of how to sell a property owned by a deceased parent.

Disposition Without Administration Increased to $20,000 for Certain Small Estates

Florida also has a much smaller process known as disposition without administration.

Under amended Florida Statutes section 735.304, for certain intestate estates involving only exempt property, constitutionally exempt personal property, and nonexempt personal property, the nonexempt personal property amount increased from $10,000 to $20,000, plus certain funeral and medical expenses.

This is not the same as summary administration.

Disposition without administration is generally designed for very small estates. It is often used when there are limited assets and the main purpose is reimbursement for funeral expenses, last medical expenses, or transfer of very small amounts of property.

It also does not solve every problem. It is not usually the answer for transferring real estate. It also may not be appropriate when there is a dispute, a will, unclear heirs, creditor concerns, or multiple assets that need court direction.

Still, for very small estates, this change may give some families a simpler path.

Small Bank Account Payments Increased to $2,000

The July 1 law also amended Florida Statutes section 735.303, which deals with certain payments to successors without court proceedings.

Under the updated law, a financial institution may pay a family member funds in qualified accounts of the decedent without a court proceeding if the total funds in qualified accounts at that financial institution do not exceed $2,000. Previously, the amount was $1,000. The statute also provides that the financial institution may not make the payment earlier than six months after the date of death.

This is a modest change, but it may help families access very small accounts without opening probate for a minor balance.

However, the requirements still matter. The person requesting payment must provide the required documentation and affidavit. The person may also have responsibility if funds are paid incorrectly or if creditors or other rightful recipients have claims.

Federal Income Tax Refund Amount Increased to $5,000

The new law also amended Florida Statutes section 735.302, which addresses certain federal income tax refunds when the taxpayer has died.

The amount that may be refunded without administration increased from $2,500 to $5,000. In qualifying situations, the refund may be paid directly to the surviving spouse, or if there is no surviving spouse, to one of the decedent’s children under the statutory procedure.

This change may help families avoid opening an estate solely to collect a relatively small tax refund.

Still, families should be careful. Tax refunds can intersect with debts, creditor claims, surviving spouse rights, estate administration issues, and disagreements among children or beneficiaries.

Personal Representatives Have Stronger Enforcement Tools

One of the most practical changes involves personal representatives.

A personal representative is the person appointed by the court to administer a formal Florida probate estate. Florida uses the term “personal representative” rather than “executor.” For more background, see our page on what personal representatives do.

The new law amended Florida Statutes section 733.603 to clarify that a personal representative may invoke the court’s jurisdiction to resolve questions concerning the estate or its administration, or to enforce the authority of the personal representative.

The law also amended Florida Statutes section 733.612 to provide that a personal representative, acting reasonably for the benefit of interested persons, may institute a proceeding to enforce his or her authority under the Florida Probate Code.

Most importantly, the law created Florida Statutes section 733.6125, which provides that in a proceeding to enforce the authority of a personal representative, the court shall award taxable costs, including attorney fees, to a prevailing personal representative. The court may direct payment from a person whose action or inaction made the enforcement proceeding necessary, or from a person with an interest in the estate.

In plain English, this may help when someone refuses to cooperate with a properly appointed personal representative.

That could include situations involving:

A bank refusing to honor letters of administration.

A family member withholding estate property.

A third party refusing to provide estate information.

A financial institution delaying access to estate assets.

A person interfering with the personal representative’s duty to collect, protect, and distribute estate property.

This does not mean every disagreement automatically creates attorney fee exposure. It does mean that refusing to cooperate with a validly appointed personal representative may now carry greater risk.

Safe-Deposit Box Access Is Clearer

The July 1 changes also address safe-deposit boxes.

Under amended Florida Statutes section 655.933, a lessor of a safe-deposit box must allow access to personal representatives who present a copy of letters of administration.

Under amended Florida Statutes section 655.936, the financial institution must grant the personal representative access to a safe-deposit box in the decedent’s name, allow removal of contents, and allow the personal representative or the personal representative’s attorney to pay accumulated charges and terminate the lease.

This may be important when original wills, deeds, stock certificates, insurance papers, burial instructions, or other important documents are stored in a safe-deposit box.

That said, this does not eliminate all practical problems. A personal representative may still need letters of administration first. If the original will is inside the box, the family may need legal guidance about how to proceed before a personal representative has been appointed.

This is one reason families should think carefully about where they keep original estate documents. For more on this issue, see our article on keeping original wills and knowing where important documents are located.

Does This Mean Families No Longer Need Probate Lawyers?

No.

The changes may make some probate cases easier, but they do not remove the need to analyze the estate correctly.

Florida Probate Rule 5.030 generally requires every personal representative to be represented by an attorney admitted to practice in Florida unless the personal representative remains the sole interested person. See Florida Probate Rule 5.030.

Even when attorney representation is not strictly required, families often benefit from legal guidance because probate mistakes can create delay, additional fees, title issues, beneficiary disputes, creditor problems, and personal liability.

Common probate mistakes include:

Filing the wrong type of probate.

Assuming homestead property is simple.

Misidentifying heirs or beneficiaries.

Failing to locate or deposit the original will.

Ignoring creditor issues.

Distributing assets too early.

Using summary administration when formal administration is needed.

Failing to obtain proper waivers and consents.

Assuming a title company will accept informal family agreements.

Confusing non-probate assets with probate assets.

The new law helps, but it does not replace careful legal analysis.

What Pinellas Families Should Do Before Filing Probate

Before filing a probate case in Pinellas County, families should gather and review:

The original will and any codicils.

Death certificate.

List of known heirs and beneficiaries.

Bank account statements.

Investment account statements.

Vehicle titles.

Real estate deeds.

Mortgage information.

Property tax records.

Funeral expense receipts.

Medical bills from the final illness.

Known creditor information.

Life insurance and retirement account beneficiary information.

Trust documents, if any.

Safe-deposit box information.

Any prior estate planning documents.

This information helps determine whether formal administration, summary administration, disposition without administration, or another approach is appropriate.

It also helps avoid unnecessary filings. Sometimes families open probate before determining whether the asset actually requires probate.

Planning Ahead Still Matters

The July 1 changes may make probate more manageable for some Florida families, but the better goal is still to plan ahead.

A good estate plan may reduce confusion, avoid unnecessary probate, clarify who should act, and make it easier for loved ones to access information when needed.

Planning tools may include:

A will.

Durable power of attorney.

Health care surrogate designation.

Living will.

Lady bird deed or enhanced life estate deed, where appropriate.

Trust planning, where appropriate.

Payable-on-death designations.

Transfer-on-death designations.

Beneficiary reviews.

Clear storage of original documents.

Periodic review after major life changes.

For an overview, see our article on understanding wills, estate planning, and probate.

The Bottom Line

Florida’s July 1, 2026 probate changes may help many families.

The most significant change is the increase in the summary administration threshold from $75,000 to $150,000. That may allow more estates to use a shorter probate process. Smaller changes involving disposition without administration, tax refunds, small bank accounts, safe-deposit boxes, and personal representative enforcement authority may also help families deal with practical problems after a loved one passes away.

But probate is still a legal process. Families should not assume that a larger threshold automatically means a case is simple.

For Pinellas County families, the best first step is to identify the assets, determine how they are titled, review whether there is a will, identify heirs and beneficiaries, and confirm which probate process fits the situation.

At The Law Firm of Douglas G. Jackson, P.A., we help families in St. Petersburg and surrounding areas understand probate, estate administration, and estate planning options. If your family is dealing with a probate issue or wants to plan ahead, contact our office to schedule a consultation.

Disclaimer: This article is for general educational purposes only and does not provide legal advice. Reading this article does not create an attorney-client relationship. Probate and estate planning issues depend on the specific facts, documents, assets, family relationships, and applicable law.