Florida Small Estate Affidavit: Do You Qualify? Limits by Date of Death, Waiting Periods & Steps

Disposition of Personal Property Without Administration

Filed with the court clerk for approval

Dollar limit

• no fixed dollar cap — for all death dates

What counts toward the limit: No fixed dollar cap. Estate may consist ONLY of: (1) personal property exempt under Fla. Stat. 732.402, (2) personal property exempt from creditor claims under the Florida Constitution, and (3) nonexempt personal property whose value does not exceed the sum of preferred funeral expenses plus reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. Personal property only — real property disqualifies. Exempt property does not count toward the (funeral + last-60-days-medical) ceiling.

Waiting period

No statutory waiting period.

Will requirement

Available with or without a will.

Notarization & approval

Notarization is not required by the statute. Court approval is required before use.

Where the papers go

Circuit court (probate division) / clerk of court in the county of the decedent's residence. Many county clerks publish their own form packets (e.g. Brevard, Seminole, St. Lucie).

Statute

Fla. Stat. § 735.301

Disposition Without Administration of Intestate Property in Small Estates

Filed with the court clerk for approval

Dollar limit

• $10,000 — for all death dates

What counts toward the limit: Estate may consist only of: exempt personal property under Fla. Stat. 732.402, personal property exempt from creditor claims under the Florida Constitution, and nonexempt personal property whose value does not exceed $10,000 PLUS the amount of preferred funeral expenses and reasonable/necessary medical and hospital expenses of the last 60 days of the last illness. Personal property only; real property disqualifies.

Waiting period

365 days from the date of death before the procedure can be used.

Will requirement

Available only when the decedent left no will.

Notarization & approval

Notarization is required. Court approval is required before use.

Where the papers go

Circuit court (probate division) / clerk of court. No administration of the estate may be pending in Florida.

Statute

Fla. Stat. § 735.304

Payment to Successor Without Court Proceedings

Presented directly to the institution holding the asset — no court filing

Dollar limit

• $1,000 — for all death dates

What counts toward the limit: Funds on deposit in all 'qualified accounts' of the decedent at the financial institution, aggregate total not exceeding $1,000; affiant must also attest that the total in all qualified accounts held by the decedent at ALL financial institutions known to the affiant does not exceed $1,000. Bank deposits only — no other asset types.

Waiting period

180 days from the date of death before the procedure can be used.

Will requirement

Available only when the decedent left no will.

Notarization & approval

Notarization is required. No court approval is required.

Where the papers go

None — sworn affidavit is presented directly to the financial institution; no court involvement.

Official form

Affidavit under s. 735.303, Florida Statutes (affidavit text prescribed in the statute — 'substantially the following form') (Fla. Stat. 735.303(2))

Statute

Fla. Stat. § 735.303

Summary Administration

Filed with the court

Dollar limit

• $75,000 — for all death dates

What counts toward the limit: Value of the entire estate subject to administration in Florida, LESS the value of property exempt from the claims of creditors, must not exceed $75,000 — OR the decedent must have been dead for more than 2 years (in which case there is no dollar cap). Exempt property and protected homestead are excluded from the $75,000 computation. Real property may pass through summary administration (unlike the Part II procedures).

Waiting period

No statutory waiting period.

Will requirement

Available with or without a will.

Notarization & approval

Notarization is required. Court approval is required before use.

Where the papers go

Circuit court, probate division, in the county of the decedent's domicile. Any will must be proved and admitted to probate under Chapter 733.

Statute

Fla. Stat. §§ 735.201–735.2063

Who inherits without a will in Florida

Florida’s intestacy statute (Fla. Stat. §§ 732.102, 732.103, 732.104) controls when there is no will.

Spouse, no descendants

Surviving spouse and no descendants: spouse takes the entire intestate estate.

Spouse and descendants

If all descendants are also descendants of the surviving spouse AND the spouse has no other descendants: spouse takes the entire intestate estate. If the decedent has one or more descendants who are not the spouse's, OR all descendants are shared but the spouse has other descendants of their own: spouse takes one-half of the intestate estate.

Descendants only

No surviving spouse: entire estate to the decedent's descendants, per stirpes (732.103(1), 732.104).

After descendants, order is: father and mother equally or survivor; brothers/sisters and descendants of deceased brothers/sisters; grandparents and aunts/uncles split half paternal / half maternal; kindred of the last deceased spouse; (expired Holocaust-victim provision). Descent is per stirpes.