Florida Small Estate Affidavit
Florida has no general small estate affidavit. Small estates use summary administration when the estate subject to administration, less creditor-exempt property, does not exceed $75,000 (Fla. Stat. Section 735.201), or disposition of personal property without administration. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets a decedent's heir or successor collect the decedent's property, such as a bank account or a final paycheck, without opening a full probate case, when the estate is small enough to qualify under state law. Florida does not use a general small estate affidavit of that kind. Instead, a small Florida estate is handled through one of two court procedures under Chapter 735 of the Florida Statutes: summary administration and disposition of personal property without administration. Summary administration is available when the value of the entire estate subject to administration in Florida, less the value of property exempt from the claims of creditors, does not exceed $75,000, or when the decedent has been dead for more than 2 years (Fla. Stat. Section 735.201). Disposition of personal property without administration is a narrower procedure for a decedent who left no real property and only exempt personal property plus nonexempt personal property worth no more than the preferred funeral expenses and the reasonable and necessary medical and hospital expenses of the last 60 days of the last illness (Fla. Stat. Section 735.301). Both are court processes: the petition or application is filed with the circuit court probate division, and the court, not the affiant, authorizes the transfer. Florida sets no fixed number-of-days waiting period before either may be used. DocDraft builds your Florida summary administration or disposition papers from your facts, with attorney review available before you file.
Key Things to Know
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A small estate affidavit is a sworn statement that lets a decedent's heir or successor collect the decedent's property without opening a full probate case, used when an estate is small enough to qualify under state law. Florida does not offer a general small estate affidavit of that kind.
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Florida instead uses two Chapter 735 court procedures for small estates: summary administration (Fla. Stat. Section 735.201) and disposition of personal property without administration (Fla. Stat. Section 735.301).
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Summary administration is available when the value of the entire estate subject to administration in Florida, less the value of property exempt from the claims of creditors, does not exceed $75,000, or when the decedent has been dead for more than 2 years (Fla. Stat. Section 735.201).
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The $75,000 measure counts the estate subject to administration in Florida but excludes property that is exempt from the claims of creditors, such as constitutional and homestead exemptions and exempt property under Fla. Stat. Section 732.402.
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Disposition of personal property without administration applies only when the decedent left no real property and only exempt personal property plus nonexempt personal property worth no more than the preferred funeral expenses and the reasonable and necessary medical and hospital expenses of the last 60 days of the last illness (Fla. Stat. Section 735.301).
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Both procedures are handled by the circuit court probate division. The petition or application is filed with the court, and the court authorizes the transfer by order or by a writing under the seal of the court; neither is a self-executing affidavit presented directly to a bank.
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Florida imposes no fixed number-of-days waiting period before either procedure may be used. The clause allowing summary administration when the decedent has been dead for more than 2 years is an alternative way to qualify, not a required waiting period.
Key decisions before you file
Before you file a Small Estate Affidavit in Florida, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Florida Requirements for Small Estate Affidavit
Florida does not use a general small estate affidavit. A small Florida estate is settled through one of two Chapter 735 court procedures: summary administration (Fla. Stat. Section 735.201) or disposition of personal property without administration (Fla. Stat. Section 735.301).
Summary administration is available when the value of the entire estate subject to administration in Florida, less the value of property exempt from the claims of creditors, does not exceed $75,000, or when the decedent has been dead for more than 2 years (Fla. Stat. Section 735.201).
The $75,000 test counts the estate subject to administration in Florida but excludes property that is exempt from the claims of creditors, such as constitutional and homestead exemptions and exempt property under Fla. Stat. Section 732.402. The countable value can be well below the total value of what the decedent owned.
Disposition of personal property without administration applies only when the decedent left no real property and only exempt personal property plus nonexempt personal property worth no more than the preferred funeral expenses and the reasonable and necessary medical and hospital expenses of the last 60 days of the last illness (Fla. Stat. Section 735.301).
Florida sets no fixed number-of-days waiting period before summary administration or disposition of personal property without administration may be requested. The clause allowing summary administration when the decedent has been dead for more than 2 years is an alternative way to qualify by value, not a required waiting period (Fla. Stat. Section 735.201).
Both procedures go through the circuit court probate division. The petition or application is filed with the court, and the court authorizes the transfer by order or by a writing under the seal of the court (Fla. Stat. Section 735.301(2)). Neither is a self-executing affidavit presented directly to a bank.
A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent's will offered for probate, and must be signed and verified by the surviving spouse, if any, and the beneficiaries (Fla. Stat. Section 735.203). For disposition without administration, any interested party may apply, including the person who paid the final funeral and medical expenses (Fla. Stat. Section 735.301).
The summary administration petition and the disposition application are signed under penalties of perjury, and a certified copy of the death certificate is filed with the court. Choosing the wrong track, such as using disposition without administration when the estate includes real property, will not be authorized. Do not sign if the facts are uncertain.
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Check my Small Estate AffidavitFrequently Asked Questions
A small estate affidavit is a sworn statement that lets a decedent's heir or successor collect the decedent's property without opening full probate. Florida does not use a general small estate affidavit. A small Florida estate is settled instead through summary administration or disposition of personal property without administration under Chapter 735 of the Florida Statutes, both handled by the circuit court probate division rather than by an affidavit presented directly to a bank.
Probate, called formal administration in Florida, is a court-supervised process that appoints a personal representative to gather assets, pay debts, and distribute what remains, and it can take many months. Florida does not offer a small estate affidavit to skip it. For qualifying small estates Florida uses two shorter court tracks under Chapter 735: summary administration when the estate subject to administration, less creditor-exempt property, does not exceed $75,000 (Fla. Stat. Section 735.201), and disposition of personal property without administration for very small estates (Section 735.301).
Summary administration is available when the value of the entire estate subject to administration in Florida, less the value of property exempt from the claims of creditors, does not exceed $75,000 (Fla. Stat. Section 735.201). It is also available regardless of value when the decedent has been dead for more than 2 years. Because property that is exempt from creditors, such as homestead and Section 732.402 exempt property, is left out of the measure, the countable value can be well below what the decedent owned.
Florida sets no fixed number-of-days waiting period before summary administration or disposition of personal property without administration may be requested, unlike states whose small estate affidavit requires waiting 30 or 40 days after death. The clause in Fla. Stat. Section 735.201 that allows summary administration when the decedent has been dead for more than 2 years is an alternative way to qualify by value, not a required waiting period.
It is the narrowest Florida small estate procedure, under Fla. Stat. Section 735.301. It applies only when the decedent left no real property and only personal property that is exempt, plus nonexempt personal property worth no more than the preferred funeral expenses and the reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. An interested party applies to the circuit court, and the court authorizes the transfer by a writing under its seal.
Disposition of personal property without administration cannot; Fla. Stat. Section 735.301 applies only when the decedent left no real property. Summary administration under Fla. Stat. Section 735.201 can pass real property, including homestead, by order of the circuit court. Which Florida procedure fits depends on whether the estate includes real property and on its value, so an estate with a house is handled differently from one with only accounts and personal items.
A petition for summary administration may be filed by any beneficiary or by a person nominated as personal representative in the decedent's will offered for probate (Fla. Stat. Section 735.203), and it must be signed and verified by the surviving spouse, if any, and by the beneficiaries. A certified copy of the death certificate is filed with the court. For disposition of personal property without administration, any interested party, such as the person who paid the final funeral and medical expenses, may apply under Section 735.301.
The papers are signed under penalties of perjury, so the facts about the estate value, the exempt property, and who is entitled must be accurate. Choosing the wrong track, for example using disposition without administration when the estate includes real property, will not be authorized by the court. Because the $75,000 measure and the creditor-exempt exclusions in Florida can be easy to misjudge, attorney review is available before you file, and it helps to confirm the right procedure when an estate is near the limit or includes a home.