Florida’s probate system is undergoing serious review — and meaningful reform may be on the horizon.
In July 2025, the Florida Supreme Court’s Workgroup on Uncontested Probate Proceedings issued a comprehensive report recommending structural, procedural, and statutory changes to how probate cases are handled across the state. The focus is clear: make uncontested probate more efficient, more uniform, and less burdensome — while preserving safeguards against fraud and abuse.
As someone who handles probate, trust, and related family matters, I stay closely attuned to these developments because they directly affect families navigating estate administration.
Below is what you should know.
Why Reform Was Needed
More than 94% of probate cases in Florida are uncontested. That means there is no fight over the will, no litigation over assets, and no adversarial dispute.
Yet many of these routine cases experience delays due to:
- Inconsistent local court practices
- Extra requirements not grounded in statute or rule
- Outdated monetary thresholds for simplified procedures
- Resistance from financial institutions
- Underutilization of magistrates
- Confusion about what court approval is actually required
Probate filings have increased significantly in recent years — largely driven by Florida’s aging and growing population. At the same time, statewide clearance rates have remained below 100%, meaning courts are not resolving cases as quickly as they are being filed.
The Supreme Court Workgroup’s goal: modernize the system to match current realities.
The Most Significant Proposed Changes
1. Creation of “Administrative Probate”
The Workgroup proposes a new streamlined process called administrative probate.
Under this model:
- Routine, uncontested matters would be handled by a specially qualified probate magistrate.
- The magistrate could admit wills, appoint personal representatives, and issue letters of administration.
- The circuit judge would retain final oversight, including discharge of the personal representative.
The intent is to free judges to focus on contested matters while allowing routine cases to move more quickly.
This is a structural change and, if adopted, would significantly affect how uncontested estates are processed statewide.
2. Expanded Use of Magistrates (Implied Consent Model)
Currently, probate matters may be referred to magistrates only with express consent of all parties — a requirement that has proven impractical in many estates.
The Workgroup recommends shifting to an implied consent framework, meaning:
- Probate matters could be referred unless someone timely objects.
- Failure to object would constitute consent.
This would make referrals workable and improve efficiency.
3. Standardized Statewide Checklists and Mandatory Forms
One of the biggest complaints from practitioners and families is inconsistency between circuits — and sometimes even between judges in the same circuit.
Some courts require extra affidavits, notarized waivers, or documents not required by statute.
The proposal calls for:
- Supreme Court–approved checklists
- Mandatory standardized forms for common probate filings
- Uniform template proposed orders
The goal is uniformity, predictability, and fewer procedural delays.
For families, this means clearer expectations and fewer “surprise” requirements.
4. Increased Thresholds for Simplified Probate
Florida’s monetary thresholds for simplified procedures have not kept pace with inflation.
The Workgroup recommends:
- Increasing the summary administration cap from $75,000 to $150,000
- Increasing small estate affidavit limits
- Raising caps for income tax refunds and qualifying accounts
If enacted by the Legislature, more estates would qualify for simplified procedures, reducing time and expense for families.
5. Letters of Administration Would Expire After 12 Months
Some courts already impose expiration dates on letters of administration to prevent estates from lingering indefinitely.
The proposal would create a statewide 12-month expiration period, unless extended by court order.
This is designed to encourage timely administration and prevent stagnation.
6. Stronger Authority Against Banks That Refuse to Cooperate
One recurring problem in probate practice: financial institutions refusing to honor valid letters of administration or imposing extra requirements.
The Workgroup proposes statutory amendments to:
- Require banks to grant safe-deposit box access
- Clarify enforcement authority for personal representatives
- Allow recovery of attorney’s fees when enforcement actions are required
If adopted, this would reduce delays caused by institutional resistance.
7. Elimination of Obsolete Estate Tax Affidavit Requirements
Florida’s estate tax effectively ended for decedents dying on or after January 1, 2005. Yet references to estate tax affidavits have lingered in time standards and practice.
Recent statutory amendments eliminated most affidavit requirements, but many practitioners and judges remain unaware.
The Workgroup recommends cleaning up outdated rule references and expanding education.
Why This Matters to Families
Probate is often perceived as slow, confusing, and bureaucratic.
Much of that perception comes not from statutory complexity, but from:
- Local procedural variation
- Administrative inefficiencies
- Lack of standardized tools
- Over-involvement of judges in routine matters
These reforms aim to preserve judicial oversight while recognizing that most probate cases are administrative, not adversarial.
If adopted, families could expect:
- More predictable filing requirements
- Faster routine case processing
- Expanded access to simplified administration
- Reduced procedural friction with financial institutions
What Has Been Implemented — and What Is Still Pending
Some changes can be implemented through Supreme Court rule amendments.
Others — particularly monetary threshold increases and bank-related enforcement provisions — require legislative action.
As of now, these remain proposals. But they reflect a serious and comprehensive effort to modernize Florida probate practice.
The Broader Context: Elder and Family Law Implications
Probate does not exist in isolation.
These reforms intersect with:
- Elder exploitation concerns
- Guardianship oversight
- Homestead determinations
- Intestate succession in blended families
- Access to courts for unrepresented individuals
Florida has already expanded remedies for elder abuse and strengthened guardianship oversight in recent years. The probate reforms continue that modernization effort while attempting to reduce unnecessary procedural barriers.
Practical Takeaway
Even if these reforms are not yet fully enacted, they highlight several realities:
- Probate is overwhelmingly uncontested.
- Delays often arise from procedure, not dispute.
- Personal representatives already have broader authority than many realize.
- Education and proper structuring at the outset prevent delay.
For families dealing with a death, the most important factor remains early, competent guidance — especially in:
- Determining whether probate is required
- Choosing between formal and summary administration
- Avoiding unnecessary court involvement
- Navigating bank compliance issues
- Ensuring timely closure
Florida probate law is not static. It is evolving to reflect demographic change, economic realities, and administrative efficiency.
Staying current on these developments is not optional for practitioners in probate, elder, and family law. It directly affects strategy, timelines, and client expectations.
If you have questions about estate administration, summary probate, homestead issues, or related disputes, consult experienced counsel early. The right approach at the beginning often determines whether a case proceeds smoothly — or becomes unnecessarily complicated.
Donner Law Firm 