The Short Answer

In Florida, whether you can use a “small estate affidavit” depends on what kind of asset you are trying to collect and its value. Some very small bank accounts can be released by a financial institution with a sworn affidavit (without a court case), but many other assets—often including pension benefits or larger accounts—require a court authorization or a probate proceeding.

Because the wrong approach can create personal liability to creditors or disputes with other heirs, it’s important to have a Florida probate attorney confirm which shortcut (if any) applies to your specific assets.

What Florida Law Says

Florida has multiple “small estate” pathways, and they are not interchangeable. For certain limited bank accounts, Florida law allows a financial institution to pay a qualifying family member without any court proceeding if the statutory requirements are met. Separately, other small-estate transfers may require a court letter/order authorizing release of property, and different rules can apply if there is a will, if the decedent has been deceased for a certain period of time, or if creditors (including potential Medicaid claims) must be addressed.

The Statute

The primary law that allows a bank to release certain small accounts by affidavit (without court proceedings) is Fla. Stat. § 735.303.

This statute permits a Florida financial institution to pay a decedent’s funds in certain “qualified accounts” to an eligible family member (with a certified death certificate and a sworn affidavit) when the combined total at that institution is within the statute’s limit and the required waiting period and other conditions are satisfied.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Under Fla. Stat. § 735.303, a bank generally cannot pay out under this affidavit process until at least 6 months after the date of death, and the statute only applies to certain accounts and dollar limits.
• Burden of Proof: The bank affidavit requires sworn statements about family status, whether probate has been opened, and whether a will exists—errors can lead to denial by the institution and, in serious cases, exposure for false statements.
• Exceptions: A “pension check” may involve beneficiary designations, plan-specific rules, or payable-to-the-estate issues that do not fit the bank-affidavit statute. In addition, even when funds are released, the person receiving them can be personally liable to creditors and others rightfully entitled to the funds under the Probate Code, to the extent required by the statute.

Trying to handle this alone can lead to a bank refusing to release funds, family conflict over who is entitled to what, or avoidable liability if debts or other heirs are later asserted.

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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.