Small estate affidavit in Florida: who can use it and how

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.

12 months after the death, filed with a court.

Checked against official sources: October 30, 2026.

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

What counts toward the limit in Florida

For summary administration, add up the value of everything the person owned in Florida that would go through probate. Then subtract property that is exempt from creditors, such as protected homestead and exempt property. Property that passes outside probate (joint accounts, payable-on-death accounts, trust property, life insurance to a named beneficiary) is not part of the estate. If the person has been dead more than 2 years, there is no dollar limit.

Law: Fla. Stat. 735.201, 732.402; Fla. Prob. R. 5.530(a)(7)

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank accounts in the person's name alone, with no payable-on-death beneficiary, count. Law: Fla. Stat. 735.201(2)
Joint or payable-on-death (POD) bank accounts	Left out	Payable-on-death accounts go to the named beneficiary, and joint accounts with survivorship go to the surviving owner, so they are not part of the probate estate. Law: Fla. Stat. 655.82; Fla. Stat. 655.79
Cars and other vehicles	Has its own procedure	A car can be retitled at the tax collector's office without a court order if the heirs sign an affidavit that the estate owes no debts. Up to two family cars are also exempt property when there is a surviving spouse or children, and exempt property is subtracted from the summary administration total. Law: Fla. Stat. 319.28(1)(b); Fla. Stat. 732.402(2)(b)
Boats and mobile or manufactured homes	Counts	A mobile home or boat in the person's name counts as part of the estate, unless it is exempt from creditors. A mobile home can also be retitled through the motor vehicle agency under the same heir-affidavit rule as cars. Law: Fla. Stat. 735.201(2); Fla. Stat. 319.28(1)
Real estate in Florida	Counts	Florida real estate in the person's name that is not protected homestead counts. Law: Fla. Stat. 735.201(2)
Main home (primary residence)	Left out	Protected homestead (the person's home that goes to the spouse or heirs) is exempt from creditors, so it is subtracted from the total. The court can determine the homestead in the summary administration case. Law: Fla. Stat. 735.201(2); Fla. Stat. 732.401; Fla. Const. art. X, sec. 4
Real estate in another state	Left out	Only property subject to administration in Florida is counted. Real estate in another state is handled under that state's law. Law: Fla. Stat. 735.201(2)
Unpaid wages owed to the person	Counts	Unpaid wages owed to the person are part of the estate. Law: Fla. Stat. 735.201(2)
Military pay owed to the person	Not clear	Money owed by the U.S. military may be paid to a beneficiary named with the military, outside probate. Ask the clerk or a self-help center how to count it. Law: Fla. Stat. 735.201(2)
Life insurance or retirement money paid to a named person	Left out	Life insurance paid to a named beneficiary goes to that beneficiary and is exempt from the person's creditors, so it is not part of the estate. Law: Fla. Stat. 222.13(1)
Life insurance or retirement money paid to the estate	Counts	Life insurance payable to the person's estate becomes part of the estate and counts. Some retirement money is exempt from creditors under Florida law; property exempt from creditors is subtracted from the summary administration total. Law: Fla. Stat. 222.13(1); Fla. Stat. 222.21; Fla. Stat. 735.201(2)
Property in a living trust	Left out	Property in a trust passes under the trust, not through the probate estate. Law: Fla. Stat. 735.201(2)
Property owned jointly with right of survivorship	Left out	Property held with right of survivorship passes to the surviving owner and is not part of the estate. Law: Fla. Stat. 735.201(2); Fla. Stat. 319.22(2)
Property going to a surviving spouse	Counts	Probate property left to the spouse by will or by inheritance law is still part of the estate. Property the spouse gets by survivorship or beneficiary designation is not. Protected homestead and exempt property are subtracted. Law: Fla. Stat. 735.201(2); Fla. Stat. 732.402
Stocks, bonds and brokerage accounts	Counts	Stocks and brokerage accounts in the person's name alone count. Accounts registered 'transfer on death' (TOD) go to the beneficiary and are left out. Law: Fla. Stat. 735.201(2); Fla. Stat. 711.509
Furniture, jewelry and other belongings	Left out up to $20,000	Household furniture, furnishings and appliances in the person's home are exempt property up to a net value of $20,000 when there is a surviving spouse or children, and are subtracted. Other belongings count. Law: Fla. Stat. 732.402(2)(a)

Source: Official page

Questions about small estates in Florida

How long must I wait to use the affidavit in Florida?

The person must have been dead for more than 1 year, and no probate case can be pending in Florida.

What does the affidavit cost in Florida?

The clerk's fee for disposition of personal property without administration is up to $230. Ask the clerk for the exact amount.

Am I responsible for debts if I use the affidavit in Florida?

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).

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.