Small Estate Affidavit in Florida

Florida has no general small estate affidavit. Two limited options exist: (1) a bank may pay a family member up to $2,000 total from deposit accounts or CDs held in the decedent's sole name with no pay-on-death or survivor designation, no earlier than 6 months after death, on a sworn affidavit plus a certified death certificate; (2) 'disposition without administration': if the estate is only exempt personal property plus other personal property worth no more than the preferred funeral expenses and recent medical and hospital expenses, the court may authorize transfer by letter without a full probate. Neither option covers real estate.

Summary administration is available if the will (if any) does not direct regular administration and either the Florida estate subject to administration, less property exempt from creditors (such as protected homestead), is worth no more than $150,000, or the decedent has been dead more than 2 years. A beneficiary or nominated personal representative files the petition; it must be signed and verified by the surviving spouse and the beneficiaries. Before the order, the petitioner must make a diligent search for creditors and provide for known claims. The court then orders distribution directly, without appointing a personal representative.

Claims must be filed by the later of 3 months after the first publication of the notice to creditors, or 30 days after a creditor who must be served receives the notice. Late claims are barred unless the court extends the time. In any case, claims are barred 2 years after the date of death unless already timely filed.