Small Estate Affidavits: Not in Florida

It is very common for financial institutions to request a “Small Estate Affidavit” to process closure of a deceased person’s account. Unfortunately, Small Estate Affidavits do not exist in the State of Florida.

In Florida, there is an abbreviated probate process called Summary Administration. Summary Administration is a quicker, less complex, and therefore less costly probate proceeding. Florida Statute §735.201(2) states that you may use this process if the value of the entire estate subject to administration in this state, less the value of property exempt from claims of creditors, does not exceed $75,000, or that the decedent has been dead for more than two years. Fla. Stat. §735.201 (2024)

Our office can help you determine if the Summary Administration process is the best for your circumstances and help you complete a swift probate administration with the Court. There are certain factors that determine if that is the best route for families to take. These factors include the type of asset(s) to be transferred, the value of those assets, if there is a possibility of creditors such as credit card debt or medical debt coming forward, and how long the person has been deceased.