On July 1, 2026, a new Florida law (chapter 2026-57, Laws of Florida) doubled four dollar limits that decide how a small estate is settled. Families working from a guide written before that date may be using figures that are now half of what the law allows. If you are still deciding which process fits, our page on small estate affidavits and summary administration in Florida walks through each option. This article covers only what changed in 2026 and what it means in practice.
Key takeaway: Four Florida small estate limits doubled on July 1, 2026, so check any figure from an older source before you rely on it.
The four small estate limits that doubled in 2026
| What the limit controls | Florida Statutes | Before July 1, 2026 | From July 1, 2026 |
|---|---|---|---|
| Summary administration (estate value, less exempt property) | s. 735.201 | $75,000 | $150,000 |
| No-will estate of personal property distributed by affidavit (nonexempt property, plus funeral and last-illness costs) | s. 735.304 | $10,000 | $20,000 |
| Bank accounts paid to a family member with no court involvement | s. 735.303 | $1,000 | $2,000 |
| Federal income tax refund paid to a spouse or child | s. 735.302 | $2,500 | $5,000 |
Key takeaway: Only the dollar figures moved; every condition attached to them stayed the same.
Summary administration now reaches $150,000 (2026)
Summary administration is a shortened court process with no personal representative. Under section 735.201, it is available when the Florida estate subject to administration, less property exempt from creditors, is $150,000 or less (2026 threshold), or when the decedent has been dead for more than two years. Before July 1, 2026, the value limit was $75,000.
A car, a brokerage account and a bank account that together come to $120,000 in 2026 would have needed formal administration under the pre-2026 limit of $75,000 (unless two years had passed), and may now qualify for the shorter route. What did not change: the will must not direct formal administration, the petition is still filed with the court, and the creditor rules still apply. If the required creditor search is skipped, the people who receive estate assets can remain liable for the decedent’s lawful debts, up to the value they received, for a period after distribution.
One open question: chapter 2026-57 took effect July 1, 2026, and it does not say whether the new limit applies when the death occurred before that date. If your loved one died before July 1, 2026, ask a Florida probate attorney before filing on the $150,000 figure.
Key takeaway: A Florida small estate of $150,000 or less (2026 threshold) may now qualify for summary administration, but the creditor and filing rules are unchanged.
A small estate with no will: $20,000 after one year
Section 735.304 lets the heirs of someone who died without a will ask the court, by affidavit, to distribute personal property without any administration when the nonexempt personal property is worth no more than $20,000 (2026 limit; it was $10,000) plus the preferred funeral expenses and the reasonable medical and hospital bills of the last 60 days of the final illness.
The conditions stay strict. There is no will, the estate is personal property only, more than one year has passed since the death, no administration is pending in Florida, and the heirs must search for creditors and provide for them before filing. This is separate from the general disposition without administration under section 735.301, which has no added dollar allowance at all.
Key takeaway: A no-will small estate of personal property may now pass by affidavit if nonexempt assets are $20,000 or less (2026 limit) and more than a year has passed since the death.
Bank accounts: $2,000 without a court order
Under section 735.303, a Florida bank may pay a family member, without any court proceeding, the funds in the decedent’s qualified accounts if the total at that bank is $2,000 or less (2026 limit; it was $1,000). A qualified account is a deposit account or certificate of deposit in the decedent’s sole name with no pay-on-death or other survivor designation.
The order is fixed by statute: the surviving spouse, then an adult child, then an adult descendant, then a parent. The bank cannot pay until six months after the death, the family member must provide a certified death certificate and a sworn affidavit, and the person who signs is personally liable to creditors and others entitled to the money if the payment exceeds his or her share.
Key takeaway: A family member may collect up to $2,000 (2026 limit) from a small solo bank account by affidavit, but not until six months after the death.
Federal tax refunds: $5,000 to a spouse or child
Section 735.302 allows a deceased taxpayer’s federal income tax refund of $5,000 or less (2026 limit; it was $2,500) to be paid directly to the surviving spouse on a verified application or, if there is no spouse, to a child designated by all of the decedent’s children over age 14. The application must show that the debts are paid or provided for, or that the whole estate is exempt from creditors, and that no administration has been started or is planned.
Key takeaway: A federal refund of up to $5,000 (2026 limit) may go straight to a spouse or child, but only when no estate administration is opened.
What did not change in 2026
The same law left the two-year rule for summary administration in place, kept the requirement that a will directing formal administration be followed, and did not change disposition without administration under section 735.301. Assets that pass by beneficiary designation, joint ownership or a trust still bypass all of these procedures. When an estate is above $150,000 (2026 threshold) and the death was recent, or the estate is contested or needs someone with authority to sell property or collect assets, formal probate administration is still the path. Chapter 2026-57 also clarified what a bank must do for a court-appointed personal representative with the decedent’s safe-deposit box, including letting the personal representative or his or her attorney pay the charges and end the lease; our article on accessing a safety deposit box after a death covers that process. The statutes themselves are available at Florida Statutes Online.
Key takeaway: The 2026 changes raised the dollar limits only; the conditions, the two-year rule and the role of formal probate are the same.
Bottom line
If someone in your family died leaving a modest estate, measure it against the 2026 limits before assuming formal probate is required, then check the conditions each shortcut still carries.
This article is general information about Florida law, not legal advice, and does not create an attorney-client relationship. Every situation is different, so consult a licensed Florida attorney about your specific circumstances.
Not sure which path fits after the 2026 changes? Schedule a consultation with The Florida Estate Firm.
