As a business and estate planning attorney who has practiced in Florida for over twelve years, I have helped hundreds of families use the small estate affidavit Florida process to avoid formal probate when a loved one passes away with limited assets. In this comprehensive guide, I’ll explain everything you need to know about the Florida small estate affidavit (also called the Disposition of Personal Property Without Administration), provide a free downloadable template I personally use in my practice, and walk you step-by-step through the requirements as of 2025.
A small estate affidavit Florida is a simplified legal procedure that allows heirs or beneficiaries to collect the deceased person’s assets without opening a full probate case. Florida law refers to this document as a “Disposition of Personal Property Without Administration” under Florida Statutes §§ 735.301 and 735.302.
Instead of months or years in probate court, the properly completed affidavit lets banks, the Florida DMV, brokerage firms, and other institutions release assets directly to the rightful heirs—often within days.
To qualify for the small estate procedure in Florida, the estate must meet ALL of the following criteria (Florida Statute 735.301, current as of 2025):
Important: Real estate that is homestead property does NOT count toward the $75,000 limit, but non-homestead real estate does.
Below is the exact template I provide to my Florida clients. It is fully compliant with Florida Statutes §735.301 and accepted by banks, credit unions, the Florida DHSMV, and the majority of transfer agents.
Click here to download the free Small Estate Affidavit Florida PDF template (updated November 2025)
Florida law is strict: the affidavit cannot be used until 30 full days after the date of death.
List every probate asset: bank accounts, brokerage accounts, vehicles, refunds, uncashed checks, etc. Do not include life insurance, joint accounts, POD/TOD accounts, or homestead real estate.
The funeral home must either be paid in full or sign the affidavit acknowledging reimbursement arrangements (Section 8 of the form).
Florida follows the order of priority in §735.301(1):
All persons entitled to receive property must sign in front of a notary. Some institutions require two disinterested witnesses as well.
You do NOT file the affidavit with the probate court. Instead, you present the original notarized affidavit (and certified death certificate) directly to each asset holder:
| Asset Type | Where to Present |
|---|---|
| Bank or Credit Union | Any branch or estate department |
| Brokerage/Investment Account | Transfer agent or estate processing team |
| Vehicle Title Transfer | Florida DHSMV or local tax collector |
| Safe Deposit Box | Bank (inventory still required under §733.606) |
| Procedure | Value Limit | Time Frame | Court Involved? |
|---|---|---|---|
| Small Estate Affidavit | ≤ $75,000 | 30 days after death | No |
| Summary Administration | Any value (if no creditors or 2+ years passed) | 45–90 days | Yes (minimal) |
| Formal Administration | Any value | 6–18+ months | Yes (full) |
Can I use the small estate affidavit if there is a will?
Yes, as long as no executor has been appointed and the other requirements are met.
Does homestead property count toward the $75,000?
No. Florida homestead real estate is exempt from the limit.
Do I need an attorney to use the small estate affidavit?
No, but many banks and families prefer professional review to avoid delays.
Can creditors still come after assets transferred by affidavit?
Yes, for two years after death (Fla. Stat. §733.710). The person receiving assets may be liable.
The Florida small estate affidavit remains one of the most family-friendly probate shortcuts in the country. When used correctly, it can save thousands in legal fees and months of waiting. I’ve seen it bring real relief to grieving families who just need to close a modest bank account or transfer a car title.
Download the free template above, follow the checklist, and you should be able to handle most small estates without ever stepping foot in probate court.
Disclaimer: This article and the downloadable small estate affidavit Florida form are provided for informational purposes only and do not constitute legal advice. Estate laws change and each situation is unique. Always consult a licensed Florida probate attorney or qualified professional before proceeding.
Originally published and updated November 2025 by [Your Name], Florida Bar member specializing in probate and small estate administration.