On July 1, 2026, Florida's summary administration threshold doubles — from $75,000 to $150,000 in non-exempt probate assets. The change, signed into law as CS/SB 1500, passed the Florida Senate 37-0 and the House 110-0 with no opposition. For real estate investors who target probate properties, it is one of the most consequential procedural shifts in Florida estate law in years.
This post explains exactly what is changing, how summary administration differs from the other three Florida probate paths, and why the new threshold is about to widen the pool of fast-moving estates with real estate that investors can credibly pursue.
What Changed Under CS/SB 1500
Florida CS/SB 1500 makes a series of inflation-driven updates to the state's probate code. The headline change is the summary administration threshold, but several companion limits move in step.
| Provision | Before July 1, 2026 | After July 1, 2026 |
|---|---|---|
| Summary administration cap (non-exempt probate assets) | $75,000 | $150,000 |
| No-administration personal property | $10,000 | $20,000 |
| Surviving spouse / child income tax refund | $2,500 | $5,000 |
| Financial institution withdrawal by affidavit | $1,000 | $2,000 |
The changes apply only to decedents who die on or after July 1, 2026. Estates of decedents who died before that date continue to use the old thresholds, regardless of when probate is opened. That means the practical effect of the new law builds gradually over the second half of 2026 and into 2027 as new filings come through the courts.
One subtlety often missed: the $150,000 cap applies to non-exempt probate assets. A long list of common assets is excluded from the calculation entirely, including:
- Homestead property — the decedent's primary residence
- Life insurance proceeds payable to a named beneficiary
- Retirement accounts (IRAs, 401(k)s) with named beneficiaries
- Bank accounts with payable-on-death (POD) designations
- Property held jointly with rights of survivorship
- Assets held in a revocable or irrevocable trust
The practical implication is that many Florida estates with significant total wealth — including a paid-off homestead and retirement accounts — still fall well under the $150,000 cap on the assets that actually pass through probate. The new threshold qualifies a much larger share of estates than the headline number suggests.
Florida Probate Has Four Paths — Here's How They Differ
Florida law recognizes four distinct ways to transfer a deceased person's assets. Which one applies depends on estate size, time elapsed since death, whether real estate is involved, and where the decedent lived.
| Type | When It Applies | Typical Timeline | Personal Representative? |
|---|---|---|---|
| Disposition Without Administration | Tiny estates — only exempt property plus non-exempt personal property not exceeding funeral expenses and final-illness medical bills (last 60 days) | Days to weeks | No |
| Summary Administration | Non-exempt probate assets ≤ $150,000 (after July 1, 2026), or the decedent has been deceased more than two years | Often a few weeks to a few months | No — court order itself transfers assets |
| Formal Administration | Default for estates above the summary threshold, or when there are creditor disputes, contested wills, or minors involved | 8–12 months for simple estates; longer if complex | Yes — appointed by court, must publish notice to creditors, file inventory within 60 days, get court approval to sell |
| Ancillary Administration | Out-of-state decedent who owned Florida real estate; runs in parallel with the home-state probate | Tracks formal administration timeline | Yes — Florida-licensed PR required |
For investors, the two paths that actually surface real estate inventory are summary administration and formal administration. Disposition Without Administration almost never involves real property. Ancillary administration is usually a sub-process inside a formal case from another state.
Why the Threshold Change Matters for Probate Investors
Three structural shifts come out of the new threshold. Each one changes the math on probate as a lead source in Florida.
1. A Larger Pool of Estates Qualifies for the Faster Path
Doubling the cap to $150,000 is the difference between a narrow exception and a mainstream procedure. Many Florida estates anchored by a homestead — which is excluded from the calculation — plus a modest amount of cash, a vehicle, and personal property now fall under the new limit. Estates that previously had to grind through formal administration can clear in weeks.
For investors, that means more deals reach a sale-ready state on a timeline you can actually plan around. A summary administration order itself transfers title to the heirs, so once it is recorded, the heirs are free to sell immediately. There is no court-approval-to-sell step, no statutory creditor publication waiting period built into the disposition, no personal representative bond.
2. Faster Timelines Reward Faster Outreach
A traditional Florida home sale takes about 71 days from listing to close. A probate sale through formal administration typically runs 6–9 months. Summary administration collapses much of that overhead.
The flip side: the window during which heirs are receptive to a direct outreach is narrower. Once the order is recorded and a real estate agent is engaged, the property enters normal market dynamics and the discount opportunity disappears. Investors who reach heirs in the first days after a filing, while options are still open, capture the value. Investors who reach them three weeks later are competing with the MLS.
3. The Two-Year Rule Becomes More Useful
One detail that often goes overlooked: any Florida estate, of any size, qualifies for summary administration if the decedent died more than two years ago. The reason is statutory — creditor claims against the estate are barred at the two-year mark, which removes the need for the formal-administration creditor process.
This is where forgotten properties live. A decedent died in 2022, the estate was never opened, an heir now wants to clean up title and sell the home. Under the old $75,000 threshold, a homestead worth more than that needed formal administration. Under the new rules, combined with the two-year wait, the same property can be cleared via summary administration regardless of value. Expect a steady stream of these "dust off the title" filings to appear in the courts in late 2026 and 2027 as families revisit estates they previously left alone.
The Florida Probate Process at a Glance
For investors evaluating a probate lead, the procedural details matter. They determine when the property can actually trade and who has authority to sign.
Formal Administration Step-by-Step
- Petition filed with the Florida circuit court in the county where the decedent lived. Court filing fee runs approximately $400.
- Personal representative appointed by the court. The PR receives Letters of Administration, which is the document that grants legal authority to act for the estate.
- Notice to Creditors published for two consecutive weeks in a local newspaper of general circulation. Publication costs typically run $150–$300. Known or reasonably ascertainable creditors must also be served directly.
- Inventory filed within 60 days of the PR's appointment, listing all estate assets and their values.
- Three-month creditor claim period begins on the date of first publication. Creditors who file within that window are paid in statutory priority order.
- Estate debts and expenses paid; remaining real and personal property distributed to the beneficiaries.
- Final accounting filed and the estate is closed.
For most simple estates with a single homestead and a clear will, the entire process runs 8–12 months. Real estate inside a formal administration generally cannot be sold to a third party without either the will granting the PR power of sale or specific court approval.
Summary Administration Step-by-Step
- Petition filed by any beneficiary or by the surviving spouse, listing the decedent's assets and their values, the heirs, and any known creditors.
- Court reviews the petition and, if everything is in order, issues an Order of Summary Administration.
- Order itself transfers title to the named heirs. No PR is appointed, no inventory is required, no formal creditor publication is mandated for cases under the threshold.
- Heirs may sell the property as soon as the order is recorded against the property in the public records.
The key practical difference: in formal administration, the personal representative signs the deed. In summary administration, the heirs themselves sign — because the court has already vested title in them.
Get Florida Probate Real Estate Leads the Day They're Filed
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Start Your Free Trial →Frequently Asked Questions
When does the new $150,000 summary administration threshold take effect in Florida?
July 1, 2026. CS/SB 1500 applies only to estates of decedents who die on or after that date. Estates of decedents who died before July 1, 2026 continue under the old $75,000 cap.
Does the homestead count toward the $150,000 threshold?
No. Florida homestead property is exempt from the claims of creditors and is excluded from the summary administration calculation. Life insurance with named beneficiaries, retirement accounts with named beneficiaries, payable-on-death bank accounts, jointly held property with rights of survivorship, and trust assets are also excluded.
What is the two-year probate rule in Florida?
Any Florida estate qualifies for summary administration — regardless of asset value — if the decedent has been deceased for more than two years. The two-year mark bars new creditor claims against the estate, which is what the formal administration process is largely designed to handle. After two years, the simpler procedure becomes available even for large estates.
How long does Florida formal probate administration take?
Simple estates typically run 8–12 months. Estates with contested wills, multiple beneficiaries in dispute, or significant creditor activity can take substantially longer. The minimum is set by the three-month creditor claim period, which cannot be shortened.
Can heirs sell a Florida home during probate?
It depends on which path the estate is in. In summary administration, the court order transfers title directly to the heirs, who can then sell as soon as the order is recorded. In formal administration, the personal representative typically needs either a power of sale granted in the will or specific court approval before conveying real estate.
Where are Florida probate cases filed?
In the circuit court of the county where the decedent was domiciled at the time of death. For non-Florida residents who owned Florida real estate, an ancillary administration is opened in the Florida county where the property is located.