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Disposition of Personal Property Without Administration. F…Verified against the statute July 29, 2026

Florida Small Estate Affidavit

Florida lets the next of kin collect a deceased person’s property without opening probate when the estate is worth $20,000 or less and 365 days have passed since the death. Here is exactly how it works, and how to use it.

Check if you qualifyHow to use it

Florida at a glance

Estate value limit
$20,000
Statutory value
Wait after death
365 days
Before the affidavit can be presented
File with a court?
Yes, required
Court approval comes first
Covers real property?
No
Real property needs the court
Notary required?
Yes
Sign in front of a notary
Who can sign
§ 735
Per the statute

Is your estate under the $20,000 limit?

Enter a rough total of what they owned in their own name alone. Leave out jointly-held accounts and anything with a named beneficiary. Those don’t count.

Nothing you type here is saved or sent anywhere.

The $20,000 limit, and what actually counts

Florida has three separate, non-interchangeable ceilings and no single "small estate affidavit" limit. (1) § 735.304, the closest analog to a small estate affidavit: nonexempt personal property not exceeding $20,000 (raised from $10,000 effective 7/1/2026 by Ch. 2026-57), plus (not counted against the cap) property exempt under § 732.402 and under the Florida Constitution, plus the amount of preferred funeral expenses and reasonable/necessary medical and hospital expenses of the last 60 days of the last illness; intestate only; decedent dead more than 1 year; no administration pending. (2) § 735.301, no fixed dollar cap: nonexempt personal property must not exceed preferred funeral expenses (capped at $6,000 aggregate by § 733.707(1)(b)) plus last-60-days medical/hospital expenses; in practice this is a reimbursement mechanism for whoever paid those bills, and clerks commonly describe it as a sub-$6,000-plus-medical-bills procedure. (3) § 735.303, bank/credit-union affidavit paid with no court involvement at all: aggregate of $2,000 across all "qualified accounts" (sole-name depository accounts and CDs with no POD/survivor designation) at all financial institutions known to the affiant (raised from $1,000 effective 7/1/2026). Above these, the fallback is Summary Administration, § 735.201: entire estate subject to administration in Florida, less exempt property, not exceeding $150,000 (raised from $75,000 effective 7/1/2026), or decedent dead more than 2 years (no dollar limit in that alternative).

What doesn't count toward the limit

This is where most people wrongly rule themselves out. In Florida, these are left out of the calculation:

  • Payable-on-death and transfer-on-death accounts
  • Statutory exempt property and family allowances
  • Vehicles, where separately excluded
  • Funeral and last-illness expenses

The 365-day waiting period

There is no single Florida waiting period; it depends on the route. s. 735.301: no waiting period, the informal application may be made at any time after death. s. 735.303(2): the financial institution 'may not make such payment earlier than 6 months after the date of the decedent's death' (approx. 183 days), counted from the date of death shown on the certified death certificate. s. 735.304(1): 'provided the decedent has been deceased for more than 1 year' (>365 days from date of death) and no administration is pending in Florida. s. 735.201(2) summary administration: no waiting period when the $150,000 value test is met; the alternative qualifying route requires the decedent to have been 'dead for more than 2 years' (that alternative has no dollar cap and also cuts off creditor claims under s. 733.710). The waitingPeriodDays field is set to 365 because it corresponds to the $20,000 s. 735.304 procedure reported in thresholdUSD.

Who can sign the affidavit

§ 735.304: the affidavit must be signed and verified by the surviving spouse, if any, and by all heirs at law, except that an heir who will receive a full intestate share under the proposed distribution need not join (non-joining heirs must be served with formal notice instead). § 735.301: "any interested party" may make the informal application by affidavit or letter; in practice it is the person who paid the funeral or last-illness medical bills, or the surviving spouse/heir claiming exempt property. § 735.303: a single "family member," defined in strict priority order, the surviving spouse; if none, an adult child; if none, an adult descendant; if none, a parent. § 735.201/735.203 (summary administration): a beneficiary or the person nominated as PR in the will petitions; the surviving spouse and beneficiaries must sign and verify, except a beneficiary receiving a full distributive share, who must instead be served formal notice.

Mixed, and this is a common failure point. s. 735.304: intestate only, the section applies 'upon the estate of a decedent who has died intestate.' If there is a will, this route is unavailable regardless of value. s. 735.303: effectively intestate-only in practice, the sworn affidavit must state that 'the affiant has no knowledge of any last will and testament or other document or agreement relating to the distribution of the decedent's estate.' s. 735.301: either testate or intestate; nothing in the section limits it to intestacy, and clerks routinely accept it where a will exists, though any original will in the applicant's possession must still be deposited with the clerk within 10 days of learning of the death under s. 732.901. s. 735.201/735.206 summary administration: either, but if the decedent left a will it must be proved and admitted in accordance with chapter 733 before the order of distribution is entered.

The affidavit must be signed in front of a notary. Most banks and UPS Stores have a notary; many charge under $15.

Can it transfer a house or land in Florida?

No. Florida has no affidavit that transfers real property, and there is no Florida analog to Cal. Prob. Code s. 13200. Sections 735.301, 735.303 and 735.304 are each expressly limited to 'personal property, tangible or intangible.' Any Florida real property in the estate defeats all three and pushes the family to (a) Summary Administration under s. 735.201: now available up to $150,000 net of exempt property, or with no cap if the decedent has been dead more than 2 years, where the court's order of distribution under s. 735.206 is the recordable instrument that establishes marketable title; or (b) full formal administration. Homestead is handled separately: constitutionally protected homestead passes outside the probate estate to the heirs/devisees at death, but title insurers will not insure without a court Order Determining Homestead Status of Real Property (Fla. Prob. R. 5.405), obtained inside a summary or formal administration. Note the frequent trap: homestead is excluded from the s. 735.201 value computation because it is exempt from creditors' claims, so an estate with a $600,000 homestead and $90,000 of other assets can still qualify for summary administration. Companion real-property affidavit: none. Do not offer one.

Affidavit of heirship in Florida

Yes the instrument exists, but it does not transfer title. This is the single most misunderstood point in Florida and must be stated plainly in any consumer-facing product. Florida's 'Affidavit of Heirs' is a sworn family-history disclosure filed inside a probate proceeding (it lists the decedent's spouse, children, and other heirs and is required by many circuits' local rules and by Fla. Prob. R. 5.200-series practice in intestate estates). It is evidence of who the heirs are; it is not a conveyance and not a determination of ownership. Florida has no statute analogous to Texas Est. Code s. 203.001 under which a recorded affidavit of heirship becomes prima facie evidence of title or a link in the record chain after five years. Recording an 'affidavit of heirship' in the Florida official records does not vest, convey, or clear title to real property, and Florida title underwriters will generally not insure on one. Title to Florida real property does pass at death by operation of law (s. 732.101(2) for intestacy; devises vest at death), but the marketable-title instrument is a court order: an Order of Summary Administration/Order of Distribution under s. 735.206, an Order Determining Beneficiaries, an Order Determining Homestead Status of Real Property (Fla. Prob. R. 5.405), or a Petition to Determine Beneficiaries under Fla. Prob. R. 5.385. The only exception where an affidavit alone carries statutory weight is personal property under s. 735.303 (banks) and s. 319.28 (vehicles/vessels/mobile homes), and even the s. 319.28 attorney affidavit creates only a 'presumption of ownership,' not an adjudication. Witnesses: Florida affidavits require an oath before a notary public or other officer authorized to administer oaths; no subscribing-witness or disinterested-witness requirement of the Texas type exists.

How to use a small estate affidavit in Florida

  1. 1

    Confirm you're under the limit and past the wait

    Add up the property that passes through the estate and check it against the $20,000 ceiling. Florida has three separate, non-interchangeable ceilings and no single "small estate affidavit" limit. (1) § 735.304, the closest analog to a small estate affidavit: nonexempt personal property not exceeding $20,000 (raised from $10,000 effective 7/1/2026 by Ch. 2026-57), plus (not counted against the cap) property exempt under § 732.402 and under the Florida Constitution, plus the amount of preferred funeral expenses and reasonable/necessary medical and hospital expenses of the last 60 days of the last illness; intestate only; decedent dead more than 1 year; no administration pending. (2) § 735.301, no fixed dollar cap: nonexempt personal property must not exceed preferred funeral expenses (capped at $6,000 aggregate by § 733.707(1)(b)) plus last-60-days medical/hospital expenses; in practice this is a reimbursement mechanism for whoever paid those bills, and clerks commonly describe it as a sub-$6,000-plus-medical-bills procedure. (3) § 735.303, bank/credit-union affidavit paid with no court involvement at all: aggregate of $2,000 across all "qualified accounts" (sole-name depository accounts and CDs with no POD/survivor designation) at all financial institutions known to the affiant (raised from $1,000 effective 7/1/2026). Above these, the fallback is Summary Administration, § 735.201: entire estate subject to administration in Florida, less exempt property, not exceeding $150,000 (raised from $75,000 effective 7/1/2026), or decedent dead more than 2 years (no dollar limit in that alternative).

  2. 2

    Gather the documents

    You'll need certified copies of the death certificate: order at least three, since institutions often keep one: plus account numbers, the vehicle title or VIN, and the names and addresses of every heir.

  3. 3

    Complete the affidavit

    Fill in Disposition of Personal Property Without Administration. Fla. Stat. § 735.301 (reimbursement-limited, any time after death) and § 735.304 (intestate small estates, up to $20,000, decedent dead > 1 year), both requiring an informal application/affidavit filed with the probate court; plus a true no-court bank affidavit under § 735.303 (Payment to Successor Without Court Proceedings, up to $2,000, 6 months after death). Larger estates use Summary Administration, § 735.201 (up to $150,000 as of July 1, 2026)., listing the decedent, the heirs and their relationships, the assets and their values, and the known debts.

  4. 4

    Sign it in front of a notary

    Sign in front of a notary public. Banks, credit unions and shipping stores all offer notarization, usually for a small fee.

  5. 5

    File it with the probate court

    s. 735.301 and s. 735.304 both require the circuit court (probate division) of the county of the decedent's domicile, filed with the Clerk of the Circuit Court. s. 735.301(2): 'Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property', so an order/authorization letter under the court's seal does issue, and institutions rely on it. s. 735.304 uses the same 'letter or other writing under the seal of the court' authorization mechanism, but additionally requires (i) an affidavit signed and verified by the surviving spouse and heirs, (ii) a prior diligent search and reasonable inquiry for creditors with provision for their payment or their consent, and (iii) formal notice served on non-joining heirs, on all known or reasonably ascertainable creditors, and on the Agency for Health Care Administration if the decedent was 55 or older. Filing fee: set by s. 28.2401; the disposition-without-administration filing fee is commonly quoted at about $231-$232 by clerks (e.g., Lee, Seminole, Pinellas), versus roughly $346-$401 for a summary administration petition; fees vary slightly by county and should be confirmed with the county clerk. By contrast, s. 735.303 involves no court whatsoever: no filing, no fee, no order; the affidavit and a certified death certificate are presented directly to the bank or credit union. s. 735.201 summary administration requires a verified petition, and the court enters an Order of Summary Administration directing distribution.

  6. 6

    Present it to whoever holds the property

    s. 735.301(3): 'Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon', i.e., the court's sealed authorization letter is a complete safe harbor for the bank, employer, or insurer that honors it. s. 735.303(5): 'The payment of the funds by the financial institution to the affiant constitutes the financial institution's full release and discharge regarding the amount paid,' and 'a person does not have a right or cause of action against the financial institution for taking an action, or for failing to take an action, in connection with the affidavit or the payment of the funds.' Important: s. 735.303 is permissive, not mandatory. 'a financial institution.. MAY pay.' A bank may lawfully refuse the affidavit and insist on a court order, and there is no statutory penalty or compulsion mechanism, so product copy must not promise the bank will pay. Consumers should be told to call the branch first. s. 655.936 (as amended by Ch. 2026-57) obliges a safe-deposit-box lessor to deliver contents and grant access to a personal representative on presentation of certified letters of administration, and to allow payment of accumulated charges and termination of the lease; s. 655.933, as amended, now requires a lessor to allow safe-deposit access to persons acting as personal representatives who present a copy of the letters of administration. There is no statutory obligation on DHSMV/tax collectors beyond s. 319.28's documentary requirements, and none on employers for final wages (final wages must go through one of the chapter 735 routes or administration).

Where to take the signed affidavit

The bank

s. 735.301(3): 'Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon', i.e., the court's sealed authorization letter is a complete safe harbor for the bank, employer, or insurer that honors it. s. 735.303(5): 'The payment of the funds by the financial institution to the affiant constitutes the financial institution's full release and discharge regarding the amount paid,' and 'a person does not have a right or cause of action against the financial institution for taking an action, or for failing to take an action, in connection with the affidavit or the payment of the funds.' Important: s. 735.303 is permissive, not mandatory. 'a financial institution.. MAY pay.' A bank may lawfully refuse the affidavit and insist on a court order, and there is no statutory penalty or compulsion mechanism, so product copy must not promise the bank will pay. Consumers should be told to call the branch first. s. 655.936 (as amended by Ch. 2026-57) obliges a safe-deposit-box lessor to deliver contents and grant access to a personal representative on presentation of certified letters of administration, and to allow payment of accumulated charges and termination of the lease; s. 655.933, as amended, now requires a lessor to allow safe-deposit access to persons acting as personal representatives who present a copy of the letters of administration. There is no statutory obligation on DHSMV/tax collectors beyond s. 319.28's documentary requirements, and none on employers for final wages (final wages must go through one of the chapter 735 routes or administration).

The DMV

Separate and comparatively generous. Authority: Fla. Stat. s. 319.28 (Transfer of ownership by operation of law), administered by the Florida Department of Highway Safety and Motor Vehicles through county tax collector offices. No dollar limit, s. 319.28 imposes no cap on vehicle value. Where the estate is not probated and the decedent died intestate, the applicant files HSMV Form 82040 (Application for Certificate of Title With/Without Registration; 82040 MV for motor vehicles, 82040 VS for vessels, 82040 MH for mobile homes) with the 'Release of Heirs' section completed and signed by the surviving spouse and all heirs, together with the original certificate of title (or an affidavit of lost title), a copy of the death certificate, and an affidavit that the estate is not indebted and that the surviving spouse and heirs have amicably agreed among themselves upon a division of the estate. Where the decedent died testate but the will is not being probated, s. 319.28 requires a sworn copy of the will plus an affidavit that the estate is not indebted. A surviving spouse entitled to the vehicle may simply assign the decedent's existing certificate of title to a transferee rather than taking title personally, on the same documentary showing. s. 319.28 also gives a special evidentiary effect to an affidavit of a Florida attorney in good standing identifying the rightful heir(s): it 'shall establish a presumption of ownership.. and right of possession,' and no copy of the will is then required. Signatures must be notarized (or executed before a DHSMV/tax collector agent). Hsmv 82152 is used in certain surviving-spouse transfers. Note also s. 732.402: up to two motor vehicles regularly used by the decedent or immediate family (under 15,000 lbs GVW) are exempt property that does not count toward the small-estate ceilings.

The employer

Final wages and accrued leave can usually be claimed with the same affidavit. Ask their payroll department what they need, most have a standard process.

Debts and your personal liability

s. 735.304: the affiant must, before filing, make 'a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors,' and the proposed distribution must provide for payment of those creditors to the extent assets are available or the creditors must consent; the affidavit must be served on all known/reasonably ascertainable creditors and on AHCA if the decedent was 55 or older. Recipients are personally liable for a pro rata share of all lawful claims, but only up to the value of the property actually received, and that liability ends 2 years after the date of death unless a proceeding to enforce was commenced within that period. s. 735.206 imposes the identical diligent-search duty and the same 2-year pro rata personal liability on summary administration distributees. s. 735.303: no creditor search is required, but the affiant must swear that he or she 'understands that he or she is personally liable to the creditors of the decedent and other persons rightfully entitled to the funds under the Florida Probate Code, to the extent the amount paid exceeds the amount properly attributable to the affiant's share,' and must acknowledge that a false statement in the affidavit may be a criminal offense. s. 735.301 is itself a creditor-payment device: it works only when nonexempt personal property does not exceed preferred funeral expenses (s. 733.707(1)(b) $6,000 cap) plus last-60-days medical and hospital expenses, so the assets are effectively released to reimburse those payors. s. 319.28 requires an affirmative affidavit that 'the estate is not indebted.'

When you can’t use it

Florida takes the affidavit route off the table when:

  • Any real property in the estate, all of §§ 735.301, 735.303 and 735.304 reach personal property only; real property forces summary administration or formal administration (or a separate homestead determination)
  • Nonexempt personal property exceeding the applicable ceiling ($20,000 for § 735.304; funeral-plus-last-illness-expense measure for § 735.301; $2,000 aggregate for the § 735.303 bank affidavit)
  • § 735.304 requires intestacy, if the decedent left a will, § 735.304 is unavailable; § 735.303 likewise requires that the affiant have no knowledge of any will or other document/agreement governing distribution
  • Decedent dead 1 year or less (§ 735.304); dead less than 6 months (§ 735.303)
  • A personal representative has been appointed, or any probate or summary administration proceeding has been commenced or is pending (all three routes)
  • Unresolved creditors: § 735.304 requires a diligent search and reasonable inquiry for creditors and that the proposed distribution pay them or that they consent; § 735.301 works only when nonexempt assets are consumed by funeral/last-illness expenses
  • § 735.303 fails if the account is not a 'qualified account', i.e., it is jointly held, has a POD/ITF/beneficiary designation, is a trust account, or is an investment/brokerage rather than a depository account or CD; also fails if combined qualified accounts at all institutions exceed $2,000
  • Medicaid: if the decedent was 55 or older, the Agency for Health Care Administration must be served under § 735.304, and an AHCA claim can defeat the proposed distribution
  • Estate is indebted (§ 319.28 vehicle affidavit requires the estate be 'not indebted' and the heirs to have amicably agreed on the division)
  • Disputes among heirs/beneficiaries, minors or incapacitated heirs without a guardian, contested heirship, or a will contest. These force formal administration
  • Non-Florida decedents: summary administration is expressly available to resident or nonresident decedents' estates, but the small-estate disposition routes assume Florida-situs personal property and no pending administration in Florida

If any of those apply, a probate attorney is the right call. A typical small-estate proceeding runs $1,000–$3,000 plus the court’s fee.

Florida small estate affidavit FAQ

Statute and sources

Last verified July 29, 2026. Ch. 2026-57, Laws of Florida (CS/HB 1337): passed unanimously, approved by the Governor April 29, 2026, filed with the Secretary of State April 29, 2026, effective July 1, 2026 (already operative today, 2026-07-29). Changes: (1) s. 735.201(2) summary administration ceiling $75,000 -> $150,000; (2) s. 735.304(1) intestate disposition without administration $10,000 -> $20,000; (3) s. 735.303(2), (3)(c) and the statutory affidavit form in (4), financial-institution payment $1,000 -> $2,000; (4) s. 735.302(1) federal income tax refund $2,500 -> $5,000, and 'irrespective of' replaced with 'notwithstanding' as to joint returns; (5) ss. 655.933 and 655.936 rewritten to require safe-deposit-box access for personal representatives presenting letters of administration; (6) new s. 733.6125 requiring an award of taxable costs and attorney fees to a prevailing personal representative in proceedings to enforce the PR's authority, with new s. 733.612(28) authorizing the PR to bring such a proceeding, and conforming changes to s. 733.6171; (7) technical amendments to s. 733.603. Not changed: the 6-month wait in s. 735.303(2), the >1-year requirement in s. 735.304(1), the >2-year alternative in s. 735.201(2), the 2-year distributee liability in ss. 735.206 and 735.304, the $6,000 funeral-expense cap in s. 733.707(1)(b), s. 735.301 (untouched), and s. 319.28. Prior significant change: Ch. 2020-110 created ss. 735.303 and 735.304 in 2020.

  • Fla. Stat. § 735.301 (Disposition without administration)
  • Fla. Stat. § 735.302 (Income tax refunds in certain cases. $5,000 as of 7/1/2026)
  • Fla. Stat. § 735.303 (Payment to successor without court proceedings. $2,000 as of 7/1/2026; 6-month wait; statutory affidavit form in § 735.303(4))
  • Fla. Stat. § 735.304 (Disposition without administration of intestate property in small estates. $20,000 as of 7/1/2026; decedent dead > 1 year)
  • Fla. Stat. § 735.201 (Summary administration: $150,000 as of 7/1/2026, or decedent dead > 2 years)
  • Fla. Stat. § 735.203 (Petition for summary administration; who must join and verify)
  • Fla. Stat. § 735.206 (Summary administration distribution; diligent creditor search; 2-year liability)
  • Fla. Stat. § 732.402 (Exempt property)
  • Fla. Stat. § 733.707(1)(b) (Class 2 preferred funeral expenses capped at $6,000 aggregate)
  • Fla. Stat. § 319.28 (Transfer of vehicle/vessel/mobile home title on death without probate)
  • Ch. 2026-57, Laws of Fla. (CS/HB 1337), approved April 29, 2026, effective July 1, 2026

What we're less sure about

  • Local clerk packets, county forms, DHSMV/tax-collector pages, the Online Sunshine compilation and the Florida Senate statute pages were all still displaying pre-July-2026 dollar figures when checked on 2026-07-29; product templates and any scraped statute text must be reconciled against Ch. 2026-57 itself, not against those pages.
  • Filing fees for disposition without administration and summary administration are set under s. 28.2401 but vary by county and by add-on service charges; the ~$231-$232 and ~$346-$401 figures are clerk-published amounts, not verified line-by-line against the current statute, and should be confirmed per county.
  • Whether any given bank or credit union will honor a s. 735.303 affidavit is discretionary; the statute is permissive, and institutional policy (especially at national banks) frequently demands letters of administration regardless of amount.
  • Some circuits' clerks apply local practice conditions to s. 735.301 applications (e.g., requiring paid funeral bills, itemized last-illness medical invoices, and a certified death certificate, and declining applications where any asset requires re-titling); requirements are not uniform statewide because there is no Supreme Court-approved statewide form.
  • I did not obtain a machine-readable copy of DHSMV procedure TL-18; the s. 319.28 requirements above come from the primary statutory text plus county tax-collector guidance, and the exact HSMV form suffix (82040 MV / VS / MH, and when 82152 applies) should be confirmed against the current DHSMV form set before it is baked into a document generator.
  • s. 735.304's 2026 amendment changed only subsection (1); I read subsections (2)-(8) from the 2025 compilation via a summarizing fetch rather than fully verbatim, so the precise wording of the notice and liability subsections should be re-verified verbatim before it is quoted in a generated document.
  • Whether AHCA (Medicaid estate recovery) asserts a claim in a given case can defeat an otherwise-qualifying s. 735.304 distribution for any decedent aged 55 or older; this cannot be predicted from the statute alone.

Kinclaim is not a law firm and does not provide legal advice. We provide self-help software and statutory forms.