What a small estate affidavit is in Florida
Florida does not have one form called a small estate affidavit. Families usually meet one of two statutes. Disposition of personal property without administration is Fla. Stat. section 735.301. Summary administration is Fla. Stat. section 735.201. This page used to treat section 735.301 as a $75,000 cap. That was wrong. Section 735.301 has no fixed dollar limit. Section 735.201 is the dollar cap procedure, and the cap changed on July 1, 2026.
You can file either path yourself with the clerk of the circuit court in the county where the decedent lived. A lawyer is not required for these shortcuts, though many clerks will not give legal advice. This tool is a convenience, not a requirement.
Who qualifies
Section 735.301 applies when the estate leaves only exempt personal property under section 732.402, constitutionally exempt property, and nonexempt personal property whose value does not exceed preferred funeral expenses plus reasonable medical and hospital expenses from the last 60 days of the last illness. There is no $75,000 figure in that section. An interested person applies by affidavit, letter, or other writing. If satisfied, the court authorizes the holder to pay or transfer the property.
Section 735.201 summary administration is available if the will does not require a chapter 733 administration, and either the Florida estate subject to administration, less creditor exempt property, does not exceed $150,000, or the decedent has been dead more than two years. For deaths before July 1, 2026 the dollar figure in section 735.201 was $75,000. For deaths on or after July 1, 2026 the figure is $150,000. Homestead and other exempt property are kept out of that cap.
Typical applicants are a spouse, adult child, parent, sibling, or other interested person. A will does not automatically bar either path.
What assets count and what assets do not count
For section 735.301, count leftover personal property that still needs a court letter so a bank will release it. Exempt household goods and up to two personal motor vehicles under section 732.402 are treated as exempt. Do not use 735.301 to move Florida real estate. Do not count life insurance payable to a named beneficiary or accounts with a pay on death designation.
For summary administration, count the Florida probate estate after subtracting exempt property. Joint accounts with survivorship, homestead, and nonprobate beneficiary assets stay out of the cap. If the remaining estate is over the cap and the death was less than two years ago, summary administration is not available.
What real estate rules apply in Florida
Disposition without administration does not transfer real estate. Homestead in Florida has its own constitutional path and often needs a separate determination. If the only problem is a house, this personal property affidavit is the wrong paper. Summary administration can include direction about personal property. Title to homestead still follows Florida homestead law, not a $150,000 personal property cap.
Step by step filing process
- Decide which statute fits. Funeral and last illness bills with leftover personal property point to 735.301. A larger but still limited estate points to 735.201.
- Gather a certified death certificate, a list of assets, funeral bills, and medical bills from the last 60 days if you are using 735.301.
- Use the county's informal application if the clerk publishes one. Many counties accept a custom notarized affidavit because there is no statewide form number.
- File with the Clerk of the Circuit Court, Probate Division, in the county of residence. Pay the local filing fee.
- The court may issue a letter or order under seal authorizing the transfer.
- Take that letter to each bank or holder.
Common mistakes that cause rejection
Citing a $75,000 cap on a 735.301 filing. Including a Florida house in a without administration request. Omitting funeral or medical bills that justify the remaining personal property. Using an old $75,000 summary administration figure for a death on or after July 1, 2026. Filing in the wrong county. Sending an unnotarized letter to a clerk that requires a verified filing.
How long the process takes
Section 735.301 has no statewide waiting period. Clerk and judge time varies. Some counties mail an authorization in two weeks. Others take two months. Summary administration is a court proceeding and is slower than a letter under 735.301.
Call the probate clerk before you drive in. Ask whether the county uses an informal 735.301 form, whether the filing must be notarized, and what the current fee is. Bring extra copies of the death certificate and the funeral bill. If the clerk rejects the papers, ask which statute they think you should have used. A 735.301 letter is not the same product as a summary administration order, and the timelines are not the same.
What happens if the estate is too large to qualify
If nonexempt personal property exceeds funeral and last illness costs, 735.301 is closed. If the probate estate also exceeds the summary administration cap and two years have not passed, Florida requires a formal administration under chapter 733. A personal representative in a formal administration generally needs a Florida attorney. Stop and get licensed advice rather than forcing the wrong affidavit.
If the person has been dead more than two years, summary administration can still be available even when the estate is over the dollar figure. That two year path has its own notice and creditor issues. Homestead, a pour over will, or property in more than one state can also push the family out of these shortcuts. The free check on this site is a first screen, not a substitute for the clerk or a Florida lawyer when the facts are messy.