If you've recently inherited — or expect to inherit — a home in Florida, a landmark change to Florida probate law is arriving on July 1, 2026. Governor DeSantis signed CS/HB 1337 (Chapter 2026-57) on April 29, 2026, and it could meaningfully shorten the path from inheriting a property to closing a sale.
This post breaks down exactly what changed, who it affects, and — critically — what it doesn't change. Because in probate, the details matter just as much as the headline.
At a Glance: What Changed
- Summary administration threshold doubles: $75,000 → $150,000 (non-exempt probate assets)
- Disposition without administration cap doubles: $10,000 → $20,000
- Effective July 1, 2026 — applies to decedents who die on or after that date
- Passed both chambers unanimously: House 110–0, Senate 37–0
- The independent "2-year rule" (§735.201(2)) is unchanged
What Is Florida Summary Administration?
Florida offers two main probate pathways: formal administration (the full court-supervised process) and summary administration (a streamlined option for qualifying estates). Summary administration is faster, less expensive, and involves significantly less court involvement — making it a genuine lifeline for families navigating an estate while also managing grief.
Before July 1, 2026, an estate qualified for summary administration if the value of the decedent's non-exempt probate assets did not exceed $75,000 — or if the decedent had been deceased for more than two years (regardless of estate size). The new law doubles the asset threshold to $150,000.
What Counts Toward the Threshold?
This is where many families are surprised: the $150,000 threshold applies only to non-exempt probate assets. The following are generally excluded from the calculation:
- Homestead property — Florida's constitutional homestead exemption removes the primary residence from the probate estate in most cases
- Exempt personal property — up to $1,000 in certain personal property under Florida Statutes §732.402
- Non-probate transfers — assets that pass automatically outside of probate, including POD (payable on death) accounts, TOD (transfer on death) registrations, joint tenancy with right of survivorship, and beneficiary-designated accounts (IRAs, life insurance, 401(k)s)
The 2-Year Rule: Still in Effect
Florida Statutes §735.201(2) provides a separate, independent pathway to summary administration: if the decedent has been deceased for more than two years, summary administration is available regardless of estate value. This rule was not changed by CS/HB 1337 and remains fully in effect.
This means families dealing with older estates — where assets may have gone unaddressed for years — may have access to summary administration through the 2-year rule even if the estate exceeds the new $150,000 threshold.
Disposition Without Administration: Also Expanded
CS/HB 1337 also raises the cap for disposition without administration from $10,000 to $20,000. This is the simplest and fastest probate process — used when an estate consists only of exempt property plus non-exempt personal property not exceeding the cap. It doesn't involve a formal petition or court order in the same way as summary administration, and the increase gives more small estates access to this efficient option.
What This Means for Inherited Homes in Palm Beach County
Here's the question most families ask me: "Does this law change mean we can sell the house faster?" The honest answer is: it depends on how the estate is structured — and that's exactly why having a REALTOR® who understands probate real estate from the inside out matters.
The Homestead Factor
Many inherited homes in Palm Beach County were the decedent's primary residence, which means they're likely homestead property under Florida law. Because homestead generally falls outside the probate estate, it often doesn't count toward the $150,000 threshold at all. In practice, this means a family inheriting a $600,000 Jupiter home may have an estate that qualifies for summary administration — if the remaining non-exempt probate assets are under $150,000.
But homestead brings its own legal complexities: descent rules, restrictions on devise, surviving spouse rights, and more. Every situation is different.
Faster Probate Can Mean a Faster Listing
Summary administration can be completed in a matter of weeks rather than months. For families who want to sell an inherited home in Palm Beach Gardens, Juno Beach, or North Palm Beach, a quicker probate resolution means:
- Less time carrying costs (insurance, taxes, maintenance) on a vacant property
- Faster access to sale proceeds
- The ability to move forward with their own lives sooner
Coordination Between Attorney and REALTOR® Is Key
Selling an inherited home isn't just a real estate transaction — it's a legal and financial process with multiple moving parts. The title work, deed transfer, court order (in summary administration), and listing timeline all need to be coordinated. Having a REALTOR® who knows how probate works — not just the real estate side — removes significant friction from this process.
Who Does the New Law Apply To?
CS/HB 1337 applies to estates of decedents who die on or after July 1, 2026. If your loved one passed away before that date, the prior $75,000 threshold applies. The 2-year rule remains available as a separate pathway for all estates regardless of the date of death.
Why the Unanimous Vote Matters
The bill passed 110–0 in the Florida House and 37–0 in the Florida Senate — a remarkable show of bipartisan consensus. That kind of unanimity signals this wasn't a politically divisive measure; it was broadly recognized as a practical, modernizing update to a threshold that hadn't kept pace with Florida's rising asset values. For families and practitioners alike, the message is clear: Florida is making a deliberate effort to make the probate process more accessible.
Ready to Take the Next Step?
As a Certified Probate Real Estate Specialist (CPRES) with a paralegal and courtroom background, I bring a rare combination of legal fluency and real estate expertise to every inherited home transaction. Let's talk about your situation.
Download the Free Probate Guide Book a Free ConsultationAbout Amanda Sweetz
Amanda Sweetz is a REALTOR® with Keller Williams Realty of the Palm Beaches (License #SL3649756) specializing in probate and inherited home sales, divorce real estate, and relocation across Jupiter, Palm Beach Gardens, Juno Beach, North Palm Beach, and Singer Island. As a Certified Probate Real Estate Specialist (CPRES) with a paralegal and courtroom background, she brings a rare combination of legal fluency and real estate expertise — giving her the ability to guide families through the legal complexity of estate sales — not just the transaction itself.
Phone: (561) 517-6054 · Email: amandasweetz@kw.com · Web: asweetzrealtor.com
This post is for informational and educational purposes only and does not constitute legal advice. Estate and probate matters vary significantly by individual circumstance. Consult a Florida-licensed probate attorney for guidance specific to your situation.