When and how do I file a North Carolina Small Estate Affidavit in North Carolina for an estate under $20,000? - Florida
The Short Answer
Florida does not use a “North Carolina Small Estate Affidavit.” For smaller Florida estates, the closest options are usually Disposition Without Administration (a very limited affidavit-based process) or Summary Administration (a simplified court probate process), depending on what assets exist, whether there is a will, and the estate’s value and debts.
If you’re dealing with an estate you believe is under $20,000, the right Florida procedure may still depend on whether the assets are exempt, whether creditors must be paid, and how long it has been since the death.
What Florida Law Says
In Florida, “small estate” relief is not one single form. Instead, Florida law provides different streamlined paths depending on the type of property and the estate’s size. Two of the most common are (1) Disposition Without Administration (limited to certain personal property situations) and (2) Summary Administration (available when the estate is below a statutory threshold or enough time has passed since death).
If your question is really about an estate “under $20,000,” note that Florida has a specific $20,000 rule in a narrow context: claims for unclaimed property held by the state may be made with an affidavit if the aggregate unclaimed property is $20,000 or less and no probate is pending.
The Statute
The primary law governing a common Florida “small estate affidavit” style process is Fla. Stat. a7 735.301.
This statute allows the court to authorize transfer of certain personal property by an informal application (including by affidavit) when the estate consists only of exempt property plus limited nonexempt personal property (tied to last-illness and funeral expenses), meaning a full probate administration may not be required.
For some intestate (no will) estates, Florida also provides a small-estate affidavit process with additional requirements and limits under Fla. Stat. a7 735.304, including creditor-related provisions and a “more than 1 year” requirement in the statute.
If the estate is larger (or if the assets don’t fit the narrow affidavit-based categories), Florida’s simplified probate option is often Summary Administration under Fla. Stat. a7 735.201, which generally applies when the estate subject to administration (excluding exempt property) does not exceed $75,000, or when the decedent has been dead for more than 2 years.
Related reading: How Do I File a Small Estate Affidavit for Personal Property in Florida? and What Documents Do I Need for a Florida Small Estate Affidavit?.
Why You Should Speak with an Attorney
While Florida statutes provide streamlined options, applying them to your situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Some small-estate paths have time-based requirements (for example, Fla. Stat. a7 735.304 references the decedent being deceased for more than 1 year, and Fla. Stat. a7 735.201 allows summary administration if more than 2 years have passed).
- Burden of Proof: You may need to show what property is exempt vs. nonexempt, identify all heirs/beneficiaries, and document funeral/last-illness expenses and asset values.
- Exceptions and Creditor Issues: Florida’s affidavit-based options can require diligent creditor inquiry and notice, and mishandling creditor rights can create personal liability or later disputes (see Fla. Stat. a7 735.304).
Because your question references North Carolina procedures and a $20,000 threshold, it’s especially important to confirm which state’s law controls (where the decedent lived, where the assets are located, and what type of assets they are). Trying to force the wrong “small estate affidavit” approach can delay access to funds or trigger avoidable court problems.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.