Florida Advances Probate Reform to Reduce Court Delays
Florida lawmakers advance probate reform legislation that would double the small estate threshold to $150,000 and reduce court involvement in routine matters.
What Happened
Florida lawmakers are moving forward with legislation to simplify the state's probate system following recommendations from a Supreme Court workgroup. House Bill 1337, co-sponsored by Rep. Kaylee Tuck and Rep. Tom Fabricio, recently advanced through the House Judiciary Committee on February 3, 2026. The companion Senate Bill 1500, sponsored by Sen. Jennifer Bradley, faces one final committee hearing before reaching the floor.
The legislation stems from an 18-month study by the Supreme Court "Workgroup on Uncontested Probate Proceedings," established in 2024 under Case No. AOSC24-20. The panel, which included appellate and circuit court judges, court clerks, private attorneys, and a professional fiduciary, conducted extensive research into Florida's probate framework and published its final report on July 15, 2025.
The proposed bills would double Florida's existing $75,000 threshold for Summary Administration to $150,000, effectively expanding access to simplified probate procedures. The legislation also grants personal representatives greater authority and easier access to decedents' safety deposit boxes, reducing the need for routine court involvement in estate administration.
What It Means
The Supreme Court workgroup's findings reveal significant inefficiencies in Florida's current probate system. Uncontested matters comprise 94% of Florida's probate caseload, yet these routine administrative tasks consume valuable judicial resources that could be better allocated to genuine legal disputes. The workgroup documented frequent delays caused by inconsistent local practices and underutilized case-management tools across Florida's circuit courts.
Florida's aging population has driven a substantial increase in probate filings, which rose from 57,997 to 71,282 between 2019 and 2023—a 22.9% increase. The peak occurred between 2019-2022, when filings reached 77,344 cases, representing a 33.3% surge. This trend places additional strain on court resources and highlights the urgent need for streamlined procedures.
The proposed $150,000 threshold for simplified administration would significantly impact Florida families. Currently, estates valued under $75,000 qualify for Summary Administration, which bypasses many formal probate requirements. The existing threshold has not kept pace with inflation since its establishment, forcing more families into costly formal probate proceedings. Doubling this limit would allow thousands of additional estates to avoid the expense and delays of full probate administration, which typically costs several thousand dollars in attorney fees and takes 9 months to 12 months to complete.
Context from SimplyTrust
These legislative changes underscore the ongoing challenges families face when navigating probate without proper estate planning. While simplified probate procedures help reduce costs and delays, they still require court involvement and public filing of estate information. Families can avoid probate entirely by establishing revocable living trusts, which transfer assets directly to beneficiaries without court supervision.
For Florida residents evaluating their estate planning options, understanding the true cost of probate remains crucial. SimplyTrust's probate cost calculator helps families estimate the fees, timeline, and complexity they might face based on their estate's value and composition. Additionally, the complete guide to probate costs in Florida provides detailed information about attorney fees, court costs, and strategies to minimize expenses.
Source: Supreme Court workgroup spurs legislative push to simplify probate