The Short Answer

Florida does not use a single, universal “heirship affidavit” to transfer all assets the way people sometimes mean in other states. However, Florida law does allow certain sworn affidavits to collect specific types of property in limited “small estate” situations—most commonly small bank accounts or certain small intestate estates.

Which affidavit you can use (if any) depends on the asset type, the dollar amount, whether there is a will, and whether a probate case is already pending.

What Florida Law Says

In Florida, heirs’ rights generally vest at death for intestate property, but transferring or collecting assets usually still requires the correct legal mechanism. For small estates, Florida provides narrow affidavit-based options that can allow payment or distribution without opening a full probate administration—yet these options come with strict eligibility rules and personal liability for recipients.

The Statute

The primary law governing an affidavit-based transfer of certain small bank accounts is Fla. Stat. § 735.303.

This statute allows a qualifying “family member” to obtain funds from certain “qualified accounts” (generally, depository accounts/CDs in the decedent’s sole name with no beneficiary designation) up to $1,000, using a sworn affidavit and a certified death certificate, without a court proceeding.

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 may not pay earlier than 6 months after the date of death, and other small-estate options have different timing requirements.
• Burden of Proof: The affidavit must include specific sworn statements (including family status, no pending probate, and account/value limits). If the facts are wrong—or if the asset is not a “qualified account”—the transfer can be denied or later challenged.
• Exceptions: These affidavit options do not fit many common situations (e.g., larger accounts, real estate, disputes among heirs, a known will, creditor issues, or assets with beneficiary designations). Recipients can also face personal liability to creditors or other rightful heirs under the statute.

Trying to handle this alone can lead to delays, rejected claims, or exposure to repayment demands and attorney’s fees if another heir or creditor later contests what happened.

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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.