Florida Small Estate Affidavit

You can use a small estate affidavit in the state of Florida to transfer a deceased person’s property without lengthy court proceedings. We give you an in-depth explanation of small estate affidavits below. We also provide a free small estate affidavit template above if you want to get started with drafting your affidavit.

Our Florida Small Estate Affidavit template includes:

• • Court information including name of county, decedent and the file number
  • Beneficiaries of the estate including their names and addresses 
  • Disposition of personal property without administration 
  • Declaration of properties of the deceased 
  • Notarized signature 
  • Statement showing consent 
  • Clause regarding creditors

What Is a Florida Small Estate Affidavit?

When a person dies and leaves property behind, it’s moved through the court system. The small estate affidavit is a formal document or petition that allows you to skip all or parts of the lengthy, and sometimes expensive, probate proceedings.

You can only file a small estate affidavit if the person’s property is below a value threshold and you qualify as a beneficiary. In the state of Florida, the small estate affidavit is of one of two types: “disposition without administration” and “summary administration”.

Small Estate Affidavit Florida – Disposition without Administration Explained

If the decedent’s estate is not worth more than $6000 of nonexempt property and does not include any real property (real estate), then it will qualify for the disposition without administration procedure or small affidavit. What property is not included in the evaluation of the small estate? Here is a summary:

• Furniture, household items, and appliances valued up to $20,000.
• Up to two vehicles.
• Qualifying tuition programs.
• Qualifying benefits.

You must meet some requirements to qualify for a small estate disposition without administration:

• You must be a spouse or surviving child to seek disposition of all assets.
• You must pay the total amount of outstanding medical costs or funeral expenses.
• In case there is no spouse or child, an heir can seek disposition after completing an affidavit of heirship.

You will need to complete and file the disposition in court and pay the filing fee for the small estate affidavit to be valid.

Small Estate Affidavit Florida – Summary Administration Explained

You can apply for a summary administration of the small estate in the following cases:

• The value of the property is less than $75,000, after accounting for creditor claims. OR
• The deceased person has been dead for over 2 years.

You must be a beneficiary or a personal representative named in the will to be able to file this procedure. This is a type of simplified probate procedure, which means there will be a hearing in court. But it’s still faster than a full probate proceeding.

How to File a Small Estate Affidavit in Florida?

Here is the process for filing the disposition without administration:

• Complete the county-specific small estate affidavit form.
• Add a copy of the decedent’s death certificate.
• If you are seeking to be paid back for the funeral and medical bills, attach paid receipts and the funeral contract.
• Add documents proving the worth of the deceased’s assets – such as bank statements, copy of savings bonds, investment statements, and more.
• Provide proof of identity for you, the filer. This could be a valid government ID, like a driver’s license.
• Pay the filing fee, which will depend on the county where you are filing the small estate affidavit, and file the affidavit.
• The court will review the document, which takes a few weeks. It will then grant a disposition order, which will state who the assets now belong to. You can now legally acquire the assets from holders.

If you wish to file a summary administration small estate affidavit, we recommend getting aid from an attorney. There will be court proceedings. However, you can file it yourself if you wish. Make sure you comply with the Florida Probate Code.

Conclusion

You can save a significant amount of time and money by using a small estate affidavit. But be aware that if there are disputes with other heirs or problems with the estate evaluations, it could result in court proceedings. Consult your attorney when in doubt.

You can use our free Florida Small Estate Affidavit template above to begin composing your affidavit. CocoSign offers professional free letters and templates for formal proceedings online.