Florida Small Estate Affidavit: Complete Guide
Transfer assets without full probate for estates under $75,000
Based on Florida Statutes Chapter 735
What is a Small Estate Affidavit?
A Florida small estate affidavit allows you to transfer a deceased person's assets without going through full probate court. This simplified process is available for estates meeting certain value thresholds.
Florida Small Estate Options
| Option | Estate Limit | Filing Fee | Timeline | Real Estate |
|---|---|---|---|---|
| Disposition Without Administration | Under $6,000 | $232 | 1-2 months | Not Allowed |
| Summary Administration | Under $75,000 | $236-$346 | 3-6 months | Allowed |
Eligibility Requirements
Disposition Without Admin
Estate value under $6,000 and no real property.
Summary Administration
Estate value under $75,000 or death occurred more than 2 years ago.
Waiting Period
60 days must pass since death for Disposition Without Administration.
Court Filing Required
Unlike California, Florida requires a court filing even for small estates.
Florida has two simplified options depending on estate value.
Step-by-Step Process
Determine Total Estate Value
Calculate fair market value of all assets as of date of death. Include bank accounts, vehicles, personal property, and real estate. Subtract any mortgages or liens.
Gather Required Documents
Death certificate, will (if exists), list of all assets with values, contact information for all beneficiaries, valid photo ID.
Complete Petition Form
Petition for Disposition Without Administration or Petition for Summary Administration. Must be notarized.
File with County Clerk
Submit original petition, death certificate, and filing fee to Florida county circuit court. E-filing available in most counties.
Notify Creditors (if required)
Summary administration requires publishing notice to creditors. Disposition without administration typically does not require creditor notice.
Distribute Assets to Beneficiaries
After court order received, distribute assets according to will or Florida intestacy laws. Keep records of all distributions.
Find Your County's Resources
Many Florida county courts have self-help centers that can assist with small estate procedures.
Browse Florida CountiesFrequently Asked Questions
What is the difference between Disposition Without Administration and Summary Administration?
Disposition Without Administration is for estates under $6,000 with no real estate. Summary Administration is for estates under $75,000 and allows real estate. Both are simpler than formal administration.
Can I use small estate affidavit if the deceased owned real estate?
Not for Disposition Without Administration. You would need Summary Administration (up to $75,000) or Formal Administration for real estate.
How long does small estate affidavit take in Florida?
Disposition Without Administration typically takes 1-2 months. Summary Administration takes 3-6 months.
Do I need an attorney for small estate affidavit in Florida?
No, Florida law does not require an attorney for Disposition Without Administration or Summary Administration. However, many people choose to hire one for complex cases.
What happens if estate value exceeds $75,000?
If the estate value exceeds $75,000, you must use Formal Administration, which requires an attorney and takes 6-12+ months.
Not Sure If You Qualify?
Take our free assessment to determine if small estate procedures are right for your situation.
Take Free AssessmentSources & Verification
Legal Authority: Florida Statutes Chapter 735
Last Verified: January 2026
This content is for informational purposes only and does not constitute legal advice. Laws and fees may change. Always verify current requirements with your local court clerk before filing.