Florida Small Estate Affidavit: Limits, Options and 2026 Changes

Florida has no all-purpose small estate affidavit. The only affidavit that works without a court is the bank-account procedure in Florida Statutes § 735.303, which lets a close family member collect up to $2,000 held in the decedent's sole-name bank accounts, no earlier than 6 months after the death. Anything larger goes through the probate court, by a court-filed heir affidavit (up to $20,000 of personal property, once the person has been dead more than a year) or by summary administration (estates up to $150,000).

All four of Florida's small-estate dollar figures doubled on July 1, 2026, under chapter 2026-57, Laws of Florida. Many forms and handouts still show the old numbers, so check the date on anything you rely on. For how other states handle this, see our small estate affidavit rules by state.

Information last verified on 2026-10-06. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Florida's small-estate procedures in Florida Statutes chapter 735 (§§ 735.201, 735.203, 735.206, 735.301, 735.302, 735.303 and 735.304, as amended by chapter 2026-57), exempt property under § 732.402, heir vehicle titles under § 319.28, final wages under § 222.15, and unclaimed property claims by beneficiaries under § 717.1243. It does not cover formal probate administration, who inherits what under Florida intestacy rules, homestead descent, estate tax, or the law of any other state.

Florida's small estate options at a glance

Florida splits what other states call a "small estate affidavit" into several narrow tools. Only one of them skips the court entirely, and it is limited to small bank balances.

The July 1, 2026 increases

Chapter 2026-57, approved April 29, 2026, took effect July 1, 2026, and doubled each of the four small-estate figures in chapter 735:

• summary administration (§ 735.201): $75,000 to $150,000;
• federal tax refund to spouse or children (§ 735.302): $2,500 to $5,000;
• bank account affidavit (§ 735.303): $1,000 to $2,000;
• heir affidavit for intestate personal property (§ 735.304): $10,000 to $20,000.

Older material has not caught up. The Florida courts' statewide guide to alternatives to formal administration, last updated in December 2024, still states that summary administration is available when the estate "does not exceed $75,000." That figure was correct when written and became outdated on July 1, 2026. The statute, not the handout, controls.

The figures are fixed dollar amounts; chapter 735 does not index them for inflation.

The bank account affidavit: § 735.303

This is the closest thing Florida has to a classic small estate affidavit. Under § 735.303, a financial institution in Florida "may pay to the family member of a decedent, without any court proceeding, order, or judgment," the funds in the decedent's qualified accounts at that institution.

Which accounts qualify, and the $2,000 limit

A qualified account is "a depository account or certificate of deposit held by a financial institution in the sole name of the decedent without a pay-on-death or any other survivor designation." Joint accounts and accounts with a named beneficiary are not covered by this procedure.

The total in all qualified accounts at the institution must not exceed $2,000. The affidavit also states that the combined total across all the institutions known to the person signing is within that $2,000 limit. Brokerage accounts, vehicles, and other property are outside this section; it reaches deposit accounts and certificates of deposit only.

How long you must wait

Six months. The statute says: "The financial institution may not make such payment earlier than 6 months after the date of the decedent's death."

Who can sign

Only one family member, chosen in a fixed order of priority:

1. the surviving spouse;
2. if there is no surviving spouse, an adult child;
3. if there is no surviving spouse and no surviving adult child, an adult descendant;
4. if there is none of those, a parent of the decedent.

What you give the bank

The family member gives the bank a certified copy of the death certificate and a sworn affidavit. Among other things, the affidavit states that no personal representative has been appointed, that no probate or summary administration has been started, and that the person signing knows of no will or other document directing how the decedent's property is to be distributed. The affidavit is sworn before a notary.

There is no numbered court form. Section 735.303(4) itself sets out the form of affidavit, and the family member may use one "in substantially the following form." Read the current text of § 735.303 on the Florida Legislature's website rather than an old copy, because the section was amended effective July 1, 2026. Nothing is filed with a court. The bank keeps a copy of the affidavit and may give a copy to a surviving spouse or descendant who asks for one.

Liability and false statements

The bank that pays is released, and no one has a cause of action against it for paying. The person who collects carries the risk instead: "The family member who withdraws the funds under this section is personally liable to the creditors of the decedent and any other person rightfully entitled to the funds under the Florida Probate Code," to the extent the amount paid exceeds that family member's share.

A family member who knowingly makes a false statement in the affidavit "commits theft, punishable as provided in s. 812.014."

Heir affidavit filed with the court: § 735.304

When the person died without a will and left only personal property, § 735.304 offers a shortcut that still runs through the probate court. "Any heir at law of the decedent entitled to a share of the intestate estate" may request distribution by affidavit.

The limit and what counts

The estate may contain only exempt personal property (under § 732.402 or the Florida Constitution) plus nonexempt personal property worth no more than "$20,000 and the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness." Exempt property is in addition to that amount. Real estate is not part of this procedure.

Timing

The decedent must have "been deceased for more than 1 year," and no administration of the estate can be pending in Florida.

Who signs and who gets notice

The affidavit is signed and verified by the surviving spouse and all the heirs, except an heir who will receive a full intestate share. Heirs who do not join, known creditors, and the Agency for Health Care Administration (AHCA) when the decedent was over 55 must receive formal notice.

The person signing must make "a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors," and the proposed distribution must provide for those creditors or the creditors must consent.

Court approval and liability

If the requirements are met, the court, "by letter or other writing under the seal of the court," may authorize payment or transfer of the property to the people entitled to it. People who receive property this way are personally liable, pro rata, for lawful claims against the estate, to the extent of the value they received. Those claims are barred 2 years after the death unless proceedings have been taken to enforce them, subject to § 733.710.

We did not find a statewide numbered form for § 735.304; forms are issued by each judicial circuit. Ask the probate clerk in the county where the person lived which forms that court uses.

Exempt property and final expenses only: § 735.301

Some estates hold nothing but exempt property and a small amount of other personal property that the funeral and final medical bills will absorb. For those, § 735.301 lets "any interested party" apply informally to the court "by affidavit, letter, or otherwise." There is no separate dollar cap; the nonexempt personal property must not exceed the preferred funeral expenses plus reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.

Exempt property is defined in § 732.402. It includes "household furniture, furnishings, and appliances in the decedent's usual place of abode up to a net value of $20,000 as of the date of death," along with certain motor vehicles and other listed items.

If the court is satisfied the section applies, it may authorize the transfer by letter or other writing under seal. A person who pays or transfers property under that authorization "shall be forever discharged from liability thereon." Forms are circuit-level, so ask the local probate clerk.

Summary administration: up to $150,000

Summary administration is a real court proceeding, but a short one. Under § 735.201 it is available when "the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors," does not exceed $150,000, or when the decedent "has been dead for more than 2 years," in which case there is no value cap.

A home that is protected homestead under Article X, section 4 of the Florida Constitution is exempt from forced sale for most creditors' claims, so its value is subtracted when measuring the $150,000 limit. Whether a home is protected homestead depends on the facts; under § 731.201, real property owned in tenancy by the entireties or in joint tenancy with right of survivorship is not protected homestead. Ask the court or a Florida probate lawyer how a home will be handled.

A petition may be filed by any beneficiary or any person nominated as personal representative in a will offered for probate. The surviving spouse and the beneficiaries sign and verify it, though a beneficiary receiving a full share need not join. If there is a will, it must be proved and admitted to probate, and summary administration is available only if the will does not direct administration as required by chapter 733 (§ 735.201(1)).

Before filing, the petitioner must "make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, serve a copy of the petition on those creditors, and make provision for payment" of their claims. The court may then enter "an order of summary administration allowing immediate distribution of the assets to the persons entitled to them."

Filing fees and forms are set at the county and circuit level and are not in the statute. For example, the 11th Judicial Circuit in Miami-Dade publishes probate smart forms for summary administration. Ask the clerk in the county where the person lived for that court's current fee and forms. Our Florida probate guide explains when formal administration is required instead.

Liability after summary administration

Summary administration does not wipe out debts. A known or reasonably ascertainable creditor who did not receive notice, and for whom payment was not provided, may still enforce the claim and recover attorney fees. An heir or beneficiary who was left out may likewise enforce their rights and recover fees.

Can you transfer a house with a small estate affidavit in Florida?

No. None of Florida's affidavit procedures reaches real estate. The § 735.303 bank affidavit covers only deposit accounts, and §§ 735.301 and 735.304 cover only personal property.

A house or land titled in the decedent's name alone usually passes by a summary administration order or by formal probate. If the house is protected homestead, its value does not count toward the $150,000 summary administration limit, because that limit subtracts property exempt from creditors' claims. Under the summary administration statutes, the people an order assigns property to are entitled to receive it, and "bona fide purchasers for value from those to whom property of the decedent may be assigned by the order shall take the property free of all claims of creditors of the decedent." For how Florida's recorded deeds and ownership records work, see our guide to Florida property records.

Cars, final wages, tax refunds and unclaimed property

Several common assets have their own Florida rules that work outside the affidavit procedures above.

Vehicles

Under § 319.28, when an heir of an owner who died without a will applies for a title, no probate court order is needed "if the applicant files with the department an affidavit that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate." The statute sets no value cap. When there is a will, the statute calls for a certified copy of the will with a solvency affidavit, or, if the will has not been probated, a sworn copy of the will and an affidavit that the estate is not indebted.

We could not open the Florida Department of Highway Safety and Motor Vehicles pages to confirm its current heir-title form and steps. Check FLHSMV's current title requirements before you apply.

Final wages

Section 222.15 makes it "lawful for any employer, in case of the death of an employee, to pay to the wife or husband," and if there is no spouse, to the employee's children over 18, and if none, to the employee's father or mother, the wages or travel expenses due. The statute sets no dollar cap on wages, and under § 222.16 wages paid this way are not treated as estate assets (travel expenses are excluded from the estate only up to $300).

Federal income tax refund

Under § 735.302, a federal income tax overpayment of up to $5,000 may be refunded without administration directly to the surviving spouse on a verified application, or, if there is no spouse, to one child designated in an application signed by all of the decedent's children over 14. The application must show that the decedent owed no debts, that the debts have been provided for, or that the whole estate is exempt from creditors, and that no administration, including summary administration, has been started or is planned.

Unclaimed property

The Florida Department of Financial Services accepts an affidavit signed by all the beneficiaries in place of a probate order, but only when "all of the abandoned property held by the department on behalf of the owner has an aggregate value of $20,000 or less and no probate proceeding is pending" (§ 717.1243). The affidavit states the beneficiaries' agreed division and that debts and funeral expenses are paid, and a copy of the will is required if there was one. See our guide to Florida unclaimed property for how searches and claims work.

When you need full probate instead

The affidavit routes and summary administration cover small or simple estates. Formal administration is usually needed when the estate fits none of them, for example when it is worth more than $150,000 after exempt property (including a protected homestead) and the person died less than 2 years ago. Our Florida probate guide walks through that process.

Related

• Small estate affidavit rules by state
• Florida probate guide
• Florida unclaimed property
• Florida property records

Disclaimer: This article provides general legal information about Florida's small-estate procedures under Florida Statutes chapter 735 and related statutes, as amended effective July 1, 2026, verified on 2026-10-06. It is not legal advice. For help with a specific estate, contact the probate clerk or court self-help center in the county where the person lived, a legal aid office, or a lawyer licensed in Florida.

Last updated: 2026-10-06.

Frequently Asked Questions

Does Florida have a small estate affidavit?

Only a narrow one. Section 735.303 lets a family member collect up to $2,000 in the decedent's sole-name bank accounts without court, starting 6 months after the death; larger estates go through the probate court.

What is the small estate limit in Florida?

Since July 1, 2026, summary administration is available for estates up to $150,000 after subtracting property exempt from creditors (§ 735.201). The court-filed heir affidavit covers up to $20,000 of nonexempt personal property plus funeral and final medical costs (§ 735.304).

How long after death can I use a small estate affidavit in Florida?

A bank may not pay under the § 735.303 affidavit earlier than 6 months after the death. The § 735.304 heir affidavit requires that the person has been dead more than 1 year.

Does a Florida small estate affidavit need to be filed with the court?

The § 735.303 bank affidavit goes to the bank, not a court. The § 735.304 heir affidavit and a § 735.301 application are filed with the probate court, which authorizes the transfer under its seal.

Can I transfer a house with a small estate affidavit in Florida?

No. Florida's affidavit procedures reach only bank deposits or personal property. Real estate titled in the decedent's name usually passes through a summary administration order or formal probate.

Did Florida's small estate limits change in 2026?

Yes. Chapter 2026-57, effective July 1, 2026, doubled the figures to $150,000 for summary administration, $20,000 for the heir affidavit, $2,000 for the bank affidavit, and $5,000 for a federal tax refund.

Who can sign the Florida bank account affidavit?

The surviving spouse; if none, an adult child; if none, an adult descendant; and if none of those, a parent of the decedent (§ 735.303).