The Short Answer
Florida has no general "small estate affidavit." Many states let you collect a small estate with a single notarized affidavit and no court. Florida does not. What Florida uses instead are two simplified, court-based paths: summary administration and disposition without administration. If you came here looking for a Florida small estate affidavit, one of those is the tool you actually want, and they are usually fast and inexpensive.
The Two Real Florida Paths
- Summary administration for estates of $75,000 or less (excluding the homestead), or for any estate where the death was more than two years ago. The court signs an order distributing the assets, no personal representative appointed.
- Disposition without administration for the smallest estates: no real property, and the assets do not exceed final expenses plus exempt property. Whoever paid the final bills is reimbursed, often without a hearing.
Settling a small Florida estate?
Book a free 30-minute consult. We will tell you which path fits and quote a flat fee, often a modest one.
Book your free consultWhat About a Single Bank Account or a Car?
It comes down to titling. An account with a pay-on-death beneficiary or a joint owner passes directly with just a death certificate, no court. An account in the person’s sole name usually needs summary administration or disposition without administration. There are narrow affidavits for specific assets (a bank’s own form for a small balance, or transferring a vehicle to heirs), but nothing that clears a whole estate, and you cannot clear title to a home with an affidavit at all. That takes summary administration, or a lady bird deed set up in advance.
Frequently Asked Questions
Does Florida Have a Small Estate Affidavit?
Not in the way most states do. Many states let you collect a small estate with just a notarized "small estate affidavit," no court involved. Florida does not have that general procedure. Instead, Florida handles small estates through two court-based but simplified paths: summary administration and disposition without administration. So if you are searching for a Florida small estate affidavit, what you actually want is one of those two, and they are usually quick and inexpensive.
What Does Florida Use Instead?
Two things. Summary administration is a shortened probate for estates worth $75,000 or less (excluding the homestead) or for any estate where the person died more than two years ago; the court signs an order distributing the assets without appointing a personal representative. Disposition without administration is even simpler, for tiny estates with no real property where someone paid the final expenses and is just being reimbursed. Between them they cover what a small estate affidavit would do in other states.
How Do I Collect a Small Bank Account After Someone Dies in Florida?
It depends on how the account was titled. If it had a pay-on-death beneficiary or a joint owner, the money passes directly, no court needed, just a death certificate. If it was in the person’s sole name with no beneficiary, you generally need summary administration or, for the smallest estates, disposition without administration to release it. Some banks will release a very small balance to a survivor on their own forms, but there is no statewide small-estate affidavit that compels them.
Is There Any Affidavit That Works in Florida?
There are specific, limited affidavits, for example to transfer a motor vehicle to heirs, or a bank’s own form for a small balance, but Florida has no general small-estate affidavit that transfers a whole estate. For real property especially, you cannot clear title with an affidavit alone; that takes summary administration or, where it was set up in advance, a tool like a lady bird deed. We will tell you exactly which document your situation needs.
What Is the Cheapest Way to Settle a Small Florida Estate?
If everything was set up in advance with beneficiary designations, a lady bird deed, or pay-on-death accounts, there may be nothing to file at all. If assets are stuck in the deceased person’s sole name, disposition without administration (for the smallest estates) or summary administration (up to $75,000 or after two years) is the cheapest court route. We quote a flat fee and often it is modest.
Can You Handle This for Me?
Yes. We figure out which path your small estate actually needs, prepare and file it, and get you the order or release, remotely and on a flat or clearly quoted fee. It is usually far simpler and cheaper than people fear, and we will tell you up front if there is an even easier route given how the assets were titled.
Common Situations
The stuck account. A son finds his mother’s $20,000 account in her sole name and assumes an affidavit will release it. In Florida it takes summary administration, which we complete in a few weeks.
The already-easy case. A widow’s accounts all had pay-on-death beneficiaries. There is nothing to file; the death certificate is enough, and we confirm that so she does not pay for a probate she does not need.
Sources of Law
- Fla. Stat. ch. 735: §735.201-.2063 (summary administration), §735.301 (disposition without administration). Florida has no general small-estate-affidavit statute; specific transfers (e.g., motor vehicles) have their own forms. (retrieved 2026-06-08)
Updated on June 8, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created. The right path depends on the estate and how assets are titled. Do not send confidential information until we have agreed to represent you.