SmallEstateBypass
Florida · Custom limits

Guide last reviewed 2026-08-11 · Fla. Stat. § 735.301

Florida Small Estate Affidavit — Under $75,000

Florida disposition of personal property without administration for small estates.

Check Florida Eligibility Read the guide

Florida quick facts

FormDisposition of Personal Property Without Administration
StatuteFla. Stat. § 735.301
Estate limit—
Court**Clerk of the Circuit Court (Probate Division) in the county where the decedent resided at the time of death. * Clay County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Clay County or 4rth Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Columbia County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Columbia County or 3rd Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Dixie County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Dixie County or 3rd Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Duval County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Duval County or 4rth Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Gadsden County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Gadsden County or 2nd Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Glades County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Glades County or 20th Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Hamilton County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Hamilton County or 3rd Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Hardee County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Hardee County or 10th Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Hendry County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Henry County or 20th Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Hernando County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Hernando County or 5th Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Highlands County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Highlands County or 10th Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Lafayette County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Lafayette County or 3rd Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Madison County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Madison County or 3rd Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Marion County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Marion County or 5th Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Martin County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Martin County or 19th Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Miami-Dade County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Miami-Dade County or 11th Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Monroe County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Monroe County or 16th Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * St. Johns County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for St. Johns County or 7th Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Suwannee County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Suwannee County or 3rd Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Taylor County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Taylor County or 3rd Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Union County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Union County or 8th Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Wakulla County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Wakulla County or 2nd Judicial Circuit. Custom notarized affidavit containing required case facts is acceptable. * Walton County - Florida Statute § 735.301 permits filing by informal application, affidavit, or letter. No county-specific form found for Walton County or 1stJudicial Circuit. Custom notarized affidavit containing required case facts is acceptable.
Filing feeVaries strictly by county court, typically ranging between $231.00 and $235.00 (e.g., Miami-Dade and Broward charge $231.00; Orange County charges $235.00). * Bay County - $231.00
Eligible filersspouse, adult_child, parent, sibling, other_heir
Notary requiredYes

When someone dies in Florida leaving a modest estate, heirs often assume a full probate is inevitable. It is not. Florida offers a simplified disposition of personal property without administration path for qualifying estates valued at or below $75,000 — typically faster and far less expensive than opening a formal probate administration.

What is the Florida small estate limit?

Under Fla. Stat. § 735.301, the commonly cited personal-property threshold is $75,000. Amounts above that usually mean a formal probate (or a different summary procedure). Thresholds can be adjusted by the legislature, and some counties publish local checklists — always confirm the current figure before you swear to the affidavit.

Who may file in Florida?

Typical eligible filers include: spouse, adult child, parent, sibling, and other heir. You must generally be entitled to the assets you are collecting. If there are multiple heirs, many counties expect everyone entitled to the property to join or consent.

Waiting period and timing

Florida does not impose a long mandatory waiting period in most counties, but clerks still expect a certified death certificate and a complete asset inventory before accepting the filing.

Real property and special conditions

As a rule, Florida's shortcut covers personal property only (bank accounts, vehicles, brokerage cash, household goods). Real estate usually requires a different procedure.

How to file the Disposition of Personal Property Without Administration

  1. Confirm the estate qualifies (value, waiting period, filer relationship, will status).
  2. Complete the Disposition of Personal Property Without Administration with accurate decedent, heir, and asset details.
  3. Sign before a notary.
  4. File with Circuit Court. Budget for Varies by county.
  5. Request certified copies — banks and DMVs usually want them.
  6. Present certified copies to each asset holder until accounts and titles are transferred.

Most Florida clerks expect the affidavit to be signed before a notary public. Banks and UPS Stores commonly offer notary services; bring government ID for every signer.

Documents to gather

  • Death certificate

Why families use SmallEstateBypass.com

We turn Florida's rules into a guided checklist, then generate a pre-filled package: cover sheet, filing instructions, and form fields populated from your answers. You still sign, notarize where required, and file with Circuit Court — we do not appear in court for you.

Important disclaimer

This guide is educational self-help, not legal advice, and is not a substitute for a Florida-licensed attorney. Contested estates, missing heirs, business interests, or multi-state assets usually need counsel. Statute reference: Fla. Stat. § 735.301. Content last reviewed: August 2026.

Florida small estate FAQ

What is the small estate limit in Florida?

The commonly applied limit is $75,000 under Fla. Stat. § 735.301. Estates above that amount usually require a different probate procedure.

Who can file a Disposition of Personal Property Without Administration in Florida?

spouse, adult child, parent, sibling, and other heir may typically file when they are entitled to the assets being collected.

How long after death can I file in Florida?

There is no long statewide waiting period in most cases, but you still need a death certificate and complete paperwork.

Do I need a notary in Florida?

Yes — plan to sign the Disposition of Personal Property Without Administration before a notary public.

Can I include a house or land?

As a rule, Florida's shortcut covers personal property only (bank accounts, vehicles, brokerage cash, household goods). Real estate usually requires a different procedure.

What if there is a will?

If the decedent left a will that must be probated, the small estate shortcut usually does not replace a will probate. Ask a Florida attorney if you are unsure.

More South small estate guides

Compare thresholds and filing rules in nearby states.

Browse all 50 states + DC →