Florida Estate Checklist | Small Estate Map

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Papers most holders ask for Certified copies of the death certificate Your photo ID The will, if there is one Recent statements for each account, car and property

Papers for this procedure: Summary Administration Certified copy of the death certificate The original will, if there is one (it must be admitted to probate) A list of all assets with the estimated value of each, with any protected homestead and exempt property listed separately Names and addresses of the surviving spouse and beneficiaries A statement about creditors: that claims are barred, that the estate owes nothing, or a list of each creditor and how the debt will be paid A schedule of who will receive each asset Proof of formal notice to beneficiaries and known creditors who did not join the petition

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Disposition Without Administration of Intestate Property in Small Estates (heir's affidavit)

When there is no will and more than 1 year has passed, an heir can file an affidavit with the court asking it to authorize the transfer of a small amount of personal property.

Limit: The non-exempt personal property cannot be worth more than $20,000 plus the funeral expenses and the medical and hospital bills of the last 60 days of the last illness. The $20,000 amount took effect July 1, 2026; before that it was $10,000. It applies only if there is no will.
What counts: Only personal property. Exempt property and property exempt under the Florida Constitution are left out. The other (non-exempt) personal property cannot be worth more than $20,000 plus the preferred funeral expenses and the reasonable medical and hospital expenses of the last 60 days of the last illness.
Waiting period: The person must have been dead for more than 1 year, and no probate case can be pending in Florida.
Who can use it: Any heir entitled to a share under Florida's inheritance law when there is no will. The affidavit must be signed and verified by the surviving spouse, if any, and the heirs, except an heir who will receive a full share under the proposed distribution.
Court or where to file: Circuit court (probate division) in the county where the person lived.
Notary: The affidavit is signed and verified (sworn).
Papers to attach: Certified copy of the death certificate
Description and value of all the assets to be distributed
Amount of the funeral expenses and the medical and hospital expenses of the last 60 days
Names, addresses and relationship of the spouse and heirs
A statement about creditors and how they will be paid, or their consent
Proof of formal notice to heirs who did not sign, to known creditors and, if the person was older than 55, to the Agency for Health Care Administration
Steps: Wait until more than 1 year after the death.
Make a diligent search for the person's creditors and provide for paying them (or get their consent).
Fill in the affidavit with the statements rule 5.425 requires; the spouse and heirs sign and verify it.
Serve it by formal notice on heirs who did not sign, on known creditors and, if the person was older than 55, on the Agency for Health Care Administration.
File it with the clerk of the circuit court.
If the judge approves, the court issues a letter under seal authorizing the transfer.
Fee: The clerk's fee for disposition of personal property without administration is up to $230. Ask the clerk for the exact amount.
If you can't pay: If you cannot afford the fee, ask the clerk about applying for civil indigent status.
Debts and responsibility: People who receive property this way are personally liable for a share of all lawful claims against the estate, up to the value of what each received on the date of distribution (not counting exempt property). A known creditor who did not consent and was not provided for can still collect, with costs and attorney's fees. After 2 years from the death, claims are generally barred. An heir left out can sue the people who signed the affidavit.
What the bank or holder must do: Anyone who pays, transfers or delivers property under the court's authorization is forever discharged from liability for it. Good-faith buyers from the people who received it take it free of creditors' claims.
Forms: Florida Probate Rules (rule 5.425)

Law: Fla. Stat. 735.304 (as amended by ch. 2026-57, Laws of Fla.); Fla. Prob. R. 5.425

Source: Official page

Death certificates in Florida

Anyone 18 or older can order a death certificate without the cause of death. Copies with the cause of death (for deaths less than 50 years ago) are limited to the spouse, parent, adult child, grandchild or sibling, someone with a will or insurance policy showing an interest in the estate, or their representative. By mail or walk-in from the state office, the fee is $5 for the search and one certified copy and $4 for each additional copy ordered at the same time; online orders and county offices charge more.

Law: Fla. Stat. 382.0255

Where to get it: Florida Department of Health, Bureau of Vital Statistics (Jacksonville), or a county health department
Official page: Official page

Car or vehicle title after a death in Florida

An heir can get a new Florida title without a probate court order. If there was no will, the heir files an affidavit that the estate is not indebted and that the spouse and heirs have agreed on dividing the estate. If there was a will that is not being probated, the heir files a sworn copy of the will and an affidavit that the estate is not indebted. Form HSMV 82040 has a section where the spouse or heirs release their interest to the applicant. A surviving spouse may also sign over the old title directly to a buyer. If the title is in two names joined by 'or', the survivor owns the car.

Law: Fla. Stat. 319.28(1)(b), (d); Fla. Stat. 319.22(2); Fla. Stat. 319.32(7)

Source: Application for Certificate of Title

Agency: Florida Department of Highway Safety and Motor Vehicles (FLHSMV), through county tax collector offices
Form: HSMV 82040 Application for Certificate of Title With/Without Registration (Section 13: Release of spouse or heirs interest)
Fee: Title fees are set by Fla. Stat. 319.32; your county tax collector gives the total. There is no title fee (other than an expedited fee) to remove a deceased spouse who was a co-owner, or to change a title from a deceased spouse's name to the surviving spouse.

Source: Official page

Surviving spouse in Florida

A surviving spouse is first in line to collect up to $2,000 from sole-name bank accounts with an affidavit after 6 months. The spouse, or the children if there is no spouse, can claim exempt property: household furniture and appliances up to $20,000 net and two family cars. In a probate case the spouse and dependent family can get a family allowance of up to $18,000. A spouse pays no title fee to take a car out of the deceased spouse's name. If there are also descendants, the spouse takes a life estate in the homestead or may elect a one-half interest within 6 months of the death.

Law: Fla. Stat. 735.303; Fla. Stat. 732.402; Fla. Stat. 732.403; Fla. Stat. 319.32(7); Fla. Stat. 732.401

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Free help in Florida

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.