Florida Small-Estate Affidavit — What Florida Actually Uses

Many states let heirs claim a small estate with a one-page "small-estate affidavit." Florida is different — there is **no small-estate affidavit** here. Instead, Florida uses two streamlined court paths. This page shows which one applies so you don't waste time on a form that doesn't exist in Florida.

Attorney-reviewed form

We'll send the current, Florida-compliant version — reviewed by our office so you don't ship an invalid one.

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What it does

Clears up a common misconception: Florida has no small-estate affidavit.
Points you to Disposition Without Administration for the very smallest estates.
Points you to Summary Administration for most modest estates.
Saves you from filing the wrong (or nonexistent) paperwork.

— Florida requirements

Make it valid in Florida.

Disposition Without Administration (Fla. Stat. § 735.301): for tiny estates where non-exempt assets don't exceed the cost of final expenses and last-illness medical bills — a one-time petition to reimburse whoever paid.
Summary Administration (Fla. Stat. § 735.201): for estates under $150,000 in non-exempt assets (for deaths on or after July 1, 2026; the $75,000 cap still controls earlier deaths), or when death was more than two years ago.
Formal Administration: everything larger or more complex.
There is no affidavit that transfers Florida real estate outside of these court processes.

How to fill it out

1
Add up the non-exempt assets
Exclude the homestead and other exempt property. The total decides your path.
2
Check the timing
If the death was more than two years ago, summary administration is available regardless of size.
3
Match to the path
Very small + you paid final expenses → Disposition Without Administration. Under the cap or 2+ years → Summary Administration. Otherwise → Formal.
4
File in the right county
Petitions go to the circuit court in the county where the decedent lived.

Mistakes that void it

Searching for a "small-estate affidavit" form that Florida doesn't have.
Assuming an affidavit can transfer Florida real estate — it can't.
Using the pre-July-2026 $75,000 threshold for a recent death, or vice-versa.

Questions people ask

Does Florida have a small-estate affidavit?

No. Florida uses Disposition Without Administration for the smallest estates and Summary Administration for most modest estates. There is no small-estate affidavit that transfers property outside these court processes.

What is the small-estate limit in Florida?

Summary Administration applies to estates under $150,000 in non-exempt assets for deaths on or after July 1, 2026 (the $75,000 cap applies to earlier deaths), or any estate where the death occurred more than two years ago.

Rather have it done right?

A form is only as good as how it's executed. We draft and supervise signing so it holds up when it matters — flat fee. No surprises.

See Summary Administration Call 941.352.1006