Small estate affidavit in Florida: limit, waiting period, form and where to file
Florida lets heirs collect a small estate with the Disposition of Personal Property Without Administration instead of probate when the estate is under no dollar cap (expenses test), and no probate has been opened. The affidavit is filed with the county court.
| Limit | no dollar cap (expenses test) — No dollar cap — the non-exempt property must not exceed the final expenses (funeral costs and medical bills from the last 60 days); without a will, up to $10,000 more, but only after one year with no probate |
|---|---|
| Waiting period | None — certified death certificate required |
| With a will? | With a will: file the original will with the clerk and apply. Without a will and no probate opened for a year, the second route opens. |
| Real estate? | Any real estate other than the homestead means summary administration (a short court proceeding) instead of the disposition. |
| Form | Disposition of Personal Property Without Administration (§735.301) Fla. Stat. §735.301 |
| Where it goes | Filed with the county probate court, which issues certified copies for the bank |
| Signing | Signed by the applicant; attach the certified death certificate, funeral and medical bills, proof of asset ownership and consents from the other heirs |
Check whether your estate qualifies in Florida
Florida · six questions
Some states file with the county court; others never go to court — the affidavit goes straight to the bank or DMV. The county decides the office and the fee.
Bank accounts, vehicles, final paychecks, personal property. Leave out joint accounts, accounts with a named beneficiary, and life insurance — those pass without probate anyway.
Most states make you wait 10–45 days before the affidavit can be signed or filed.
Your next 60 days
What makes Florida different
Florida's shortcut is unusual: it isn't tested against a dollar limit but against what the estate owes for the funeral and the last 60 days of medical care. If the person left less than those bills, the clerk can release the money straight to whoever paid them.
Exempt property doesn't count: up to $20,000 of household furniture, two vehicles, tuition programs and the homestead all fall outside the test, which is why many modest Florida estates qualify even with a car and a house.
The application goes to the clerk of the circuit court in the county where the person lived. Several clerks (Miami-Dade, Broward, Hillsborough) accept it by e-filing and process it without a judge.
Florida counties: office, fee, local form
The state sets the rule; the county sets the counter. These are the Florida counties people ask about most:
≈ $231 filing feeFL · FILES WITH COURTBroward County small estate affidavitClerk of Courts, Probate Division, 201 SE 6th St, Fort Lauderdale
≈ $231 filing feeFL · FILES WITH COURTHillsborough County small estate affidavitClerk of Court, Probate Department, 800 E Twiggs St, Tampa
≈ $231 filing feeFL · FILES WITH COURTOrange County small estate affidavitClerk of Courts, Probate Division, 425 N Orange Ave, Orlando
≈ $231 filing feeFL · FILES WITH COURTPalm Beach County small estate affidavitClerk of the Circuit Court, Probate Division, 205 N Dixie Hwy, West Palm Beach
≈ $231 filing fee
Step by step in Florida
- Order certified death certificates. Five or more from the county vital records office; every holder keeps one.
- Inventory the estate. Everything in the person's sole name with no beneficiary. Compare the total to Florida's limit (no dollar cap (expenses test)).
- Get the will filed (if any). With a will: file the original will with the clerk and apply. Without a will and no probate opened for a year, the second route opens.
- Complete and sign the Florida form. Disposition of Personal Property Without Administration (§735.301). Signed by the applicant; attach the certified death certificate, funeral and medical bills, proof of asset ownership and consents from the other heirs.
- File with the county court. The clerk issues certified copies; take one to each bank, the DMV and the employer.
- Pay debts, then distribute. Funeral and last medical bills first, then known creditors, then heirs as the statute directs. Keep receipts.
If the bank refuses
Florida banks reject affidavits for the same four reasons as everywhere else: the branch doesn't know Fla. Stat. §735.301, the bank wants its own form as well, the waiting period was miscounted, or they want the court's certified copy rather than your original. Each has a fix that doesn't need a lawyer; the $49 packet includes the affidavit versions Bank of America, Chase, U.S. Bank and Wells Fargo use.
When Florida requires probate instead
Over the limit, real estate the affidavit can't move, a dispute between heirs, or a creditor who won't accept the affidavit — any of these means a probate track: summary or formal administration. The checker above switches to a probate timeline when that's the case and can connect you with a probate attorney licensed in Florida; the attorney pays the referral fee, you don't.
Common questions
What is the small estate limit in Florida?
No dollar cap (expenses test) — No dollar cap — the non-exempt property must not exceed the final expenses (funeral costs and medical bills from the last 60 days); without a will, up to $10,000 more, but only after one year with no probate. Assets that pass outside probate (joint accounts, payable-on-death accounts, life insurance, trust assets) are not counted.
How long do I have to wait to file a small estate affidavit in Florida?
Florida has no waiting period; you need the certified death certificate. The affidavit is filed with the county court after that.
Does the Florida small estate affidavit work if there is a will?
With a will: file the original will with the clerk and apply. Without a will and no probate opened for a year, the second route opens.
Can I use a small estate affidavit for a house in Florida?
Any real estate other than the homestead means summary administration (a short court proceeding) instead of the disposition.
Do I need a lawyer for a small estate affidavit in Florida?
No. The form is published by the state and completed by the heir. A lawyer is worth consulting when the estate is over the limit, when there's real estate the affidavit can't move, or when heirs disagree — the checker on this page flags each of those.
Which Florida counties are covered?
Miami-Dade County, Broward County, Hillsborough County, Orange County, Palm Beach County. Each county page names the office, the fee and any local form requirement.
Other states: Arizona · California · Colorado · Illinois · Indiana · Michigan · Missouri · New York · Texas · Washington · all 50 states