Small Estate Affidavit Florida: Complete Guide
Avoid full probate for estates under $75,000
Disposition Without Administration and Summary Administration explained
Quick Eligibility Check
Both options are significantly faster and cheaper than formal probate. No attorney required (though recommended for complex cases).
Florida Small Estate Options Comparison
| 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 |
| Formal Administration | Over $75,000 | $401+ | 6-12+ months | Allowed |
Disposition Without Administration (Under $6,000)
What It Is
Disposition Without Administration is Florida's streamlined probate process for very small estates. It allows beneficiaries to collect assets without full court supervision, provided estate value is under $6,000 and no real estate is involved.
Requirements
- Estate value under $6,000
- No real property owned by decedent
- 60 days have passed since death
- No pending or probated applications for administration
- Beneficiaries are entitled to property
Process Steps
Calculate Estate Value
Determine fair market value of all assets as of date of death. Include bank accounts, vehicles, and personal property. Subtract any debts or liens.
Complete Petition Form
File Petition for Disposition Without Administration (Form FL-12.980). Include death certificate, list of assets and values, and beneficiary information.
File with County Clerk
Submit petition to circuit court in county where decedent lived. Pay $232 filing fee. E-filing available in most counties.
Collect Assets
After court order received, present order to banks, DMV, or other asset holders to collect and distribute to beneficiaries.
Summary Administration (Under $75,000)
What It Is
Summary Administration is Florida's simplified probate process for estates under $75,000. It requires more documentation than Disposition Without Administration but avoids full formal administration. A personal representative is appointed and creditors may need to be notified.
Requirements
- Estate value under $75,000
- Will (if exists) admitted to probate
- Personal representative appointed
- Creditors notified (publication)
- Asset distribution approved by court
Key Differences from Disposition
Advantages
- Higher asset limit ($75,000 vs $6,000)
- Real estate allowed
- More legal protection
- Creditor claims resolved properly
Disadvantages
- Higher filing fee ($236-$346 vs $232)
- Longer timeline (3-6 months vs 1-2)
- Creditor notice required (publication costs)
- More paperwork
Step-by-Step: Filing Small Estate Affidavit
Step 1: 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.
Step 2: Gather Required Documents
Death certificate, will (if exists), list of all assets with values, contact information for all beneficiaries, valid photo ID.
Step 3: Complete Affidavit Form
Petition for Disposition Without Administration (Form FL-12.980) or Petition for Summary Administration (Form FL-12.981). Must be notarized.
Step 4: File with County Clerk
Submit original affidavit, death certificate, and filing fee to appropriate Florida county circuit court. E-filing available in most counties.
Step 5: Notify Creditors (if required)
Summary administration requires publishing notice to creditors. Disposition without administration typically does not require creditor notice.
Step 6: Distribute Assets to Beneficiaries
After court order received, distribute assets according to will or Florida intestacy laws. Keep records of all distributions.
Common Mistakes to Avoid
❌ Don't Do This
- • Use Disposition if estate exceeds $6,000
- • Include real estate in Disposition petition
- • File before 60 days after death
- • Skip creditor notice in Summary Administration
- • Distribute assets before court approval
✅ Do This Instead
- • Carefully calculate estate value before choosing option
- • File in correct county (decedent's residence)
- • Wait full 60 days for Disposition
- • Publish creditor notice if required
- • Keep detailed records of all transactions
Unsure Which Option Applies to Your Situation?
Take our free assessment to determine whether you qualify for Disposition Without Administration, Summary Administration, or need Formal Probate.
Take Free AssessmentFrequently Asked Questions
What is the difference between Disposition Without Administration and Small Estate Affidavit?
In Florida, "Disposition Without Administration" is the legal term for what many people call small estate affidavit. Both refer to streamlined probate for very small estates under $6,000. Summary Administration is a separate, slightly more complex process for estates under $75,000.
Can I use small estate affidavit if the deceased owned real estate?
No. Disposition Without Administration (under $6,000) cannot be used if the deceased owned real property, even if the property value is below the limit. You would need Summary Administration (up to $75,000) or Formal Administration.
How long does small estate affidavit take in Florida?
Disposition Without Administration typically takes 1-2 months to complete. Summary Administration takes 3-6 months, depending on court processing times and whether creditor notice is required.
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 an attorney if there are family disputes, complex assets, or uncertainty about the process.
What happens if estate value exceeds $75,000?
If the estate value exceeds $75,000, you must use Formal Administration. This requires an attorney, full court supervision, creditor notice periods, and takes 6-12+ months to complete.
Can I use small estate affidavit if there is no will?
Yes. Both Disposition Without Administration and Summary Administration work whether there is a will or not. If there is no will, assets are distributed according to Florida intestacy laws.
Last Updated: December 31, 2025 | Florida small estate affidavit procedures and requirements are governed by Florida Statutes Chapter 735. This content is for informational purposes only and not legal advice.