The Florida Small Estate Affidavit is a legal form completed by the heirs of an estate when a family member has passed away with or without creating a will. Below we’ll show how to write a free Florida Small Estate Affidavit form, the time limits involved and where to file the affidavit with your local county probate court.
A Florida small estate affidavit form, also known as a Florida Summary Administration form, is used in circumstances where the decedent has a limited amount of assets. To qualify in Florida, the estate in question must be valued below $75,000.
There is also a form used for very small estates in Florida called the Disposition of Personal Property without Administration. The Florida Disposition without Administration form is mainly used by heirs for reimbursement of medical, funeral and other expenses from the decedent’s estate. This form can only be used for estates that are valued at less than $6,000 to $12,000 depending on which county the decedent resided in.
Florida Small Estate Affidavit Requirements
- The decedent must be a resident of the State of Florida.
- Falls under Florida Statutes Title XLII Estates and Trusts Chapter 735 Probate Code: Small Estates Section 735.201 – Summary administration; nature of proceedings.
- The estate in question must be valued at less than $75,000.
- Must be filed in the county probate court where the decedent resided at the time of death.
How to Write a Florida Small Estate Affidavit Form
When filling out a small estate affidavit form for Florida, in the heading area enter the name of the decedent, value of the decedent’s assets and the date the decedent passed away. Then, check the box signifying if the decedent had a will at the time of death or did not have a will. Be prepared to fill in the blanks about the heirs if there is no will.
Finally, to complete the Florida small estate affidavit form, sign and date the affidavit and then attach the required proof of identification on the form.
Free Florida Small Estate Affidavit Form
The Florida small estate affidavit form may then be filed in the local probate court in the county where the decedent passed along with a copy of the death certificate.
Fill out and print a free Florida Small Estate Affidavit online.