Losing someone you love brings a flood of emotions. Unfortunately, that can include a long list of responsibilities. As you’re making arrangements and helping your family through a difficult time, you may also find yourself asking questions you never expected to face, including whether probate is necessary and which Florida laws apply to your loved one’s estate.
If your loved one passed away on or after July 1, 2026, you may have heard that Florida’s probate laws recently changed. Will these changes affect you?
In many cases, they might. For the changes addressed by the new law, the date of death can help determine which rules apply. Knowing which rules govern the estate can help you better understand what comes next. Here is what you need to know.
Why Is the Date of Death Important?
Probate laws are applied based on when a person passes away, not when the probate case is filed with the court.
That means two families could begin probate at nearly the same time but be subject to different rules if their loved ones passed away on different dates.
While that may seem like a small detail, it can make a difference in how an estate moves through the probate process.
What Changed on July 1, 2026?
One of the biggest changes that took effect on July 1, 2026, involved Florida’s summary administration process.
The law increased the eligibility threshold for summary administration from $75,000 to $150,000. As a result, more estates may now qualify for this simplified form of probate than under the previous law.
Florida law also looks at the value of the estate subject to administration after exempt property is excluded, not just the total value of everything your loved one owned.
There are some assets, such as those held in a trust, jointly owned property with rights of survivorship, or accounts with designated beneficiaries, that will pass outside of probate. In most situations, they are not included when determining whether an estate qualifies for summary administration.
For estates involving more recent deaths, creditor rights and other statutory requirements must still be considered before summary administration is available.
What If You Haven’t Started Probate Yet?
Many families do not begin the probate administration immediately after losing a loved one. In the days and weeks following a death, there are funeral arrangements to make, financial issues to address, and family members to support. Filing probate is not always the first priority.
Many people wonder whether waiting to open a probate case changes which version of Florida law applies to the estate.
In most cases, it does not. The probate laws are in effect on the date of your loved one’s death, and they will control how the estate will be administered.
Even if probate isn’t opened until weeks or months later, the date of death, not the filing date, is what determines which probate rules apply.
Starting the probate process right away can help avoid unnecessary complications and keep the administration of the estate moving forward.
If you’re unsure how Florida’s updated probate laws affect your family’s situation, speaking with an experienced probate attorney can help you take the next steps with confidence.
We’re Here to Help You Move Forward
Probate can feel intimidating, especially when you’re already dealing with the loss of someone you love. Knowing which laws apply is an important first step. With the major Florida law changes, you want to reach out to an experienced probate attorney to help you with the process.
If your loved one passed away on or after July 1, 2026, Niebla Probate Firm can review your family’s situation and explain how the current law applies to the estate. Schedule a consultation with our firm today.
