How to submit an affidavit accounting for personal property in a small estate case? - Florida
The Short Answer
In Florida, what many people call a “small estate affidavit” for personal property is usually handled through Disposition Without Administration, which allows the court to authorize release of certain personal property based on an informal application (often an affidavit). Whether you can use this shortcut depends on the type/value of assets, whether the decedent had debts, and (in some situations) how long it has been since the death.
What Florida Law Says
Florida has more than one “small estate” pathway, and the right option depends on what property exists and whether it must pass through probate. For very limited estates consisting only of exempt personal property and/or a small amount of nonexempt personal property tied to last-illness and funeral expenses, Florida law allows the court to authorize transfer of the property without opening a full probate administration.
The Statute
The primary law governing this issue is Fla. Stat. § 735.301.
This statute establishes that when a decedent leaves only certain exempt personal property (and limited nonexempt personal property not exceeding specified priority expenses), the court may authorize payment/transfer/disposition of that personal property upon an informal application (including by affidavit).
In addition, Florida has a separate small-estate affidavit process for certain intestate estates where the decedent has been deceased for more than one year and the nonexempt personal property is limited; that process is governed by Fla. Stat. § 735.304.
If the estate is larger (or doesn’t fit these narrow categories), Florida may require summary administration instead. The eligibility rule for summary administration is in Fla. Stat. § 735.201.
Related reading: What Documents Do I Need for a Florida Small Estate Affidavit (Disposition Without Administration)?
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 eligibility limits: Under Fla. Stat. § 735.301, the estate must fit a narrow category (primarily exempt personal property and limited nonexempt personal property tied to priority expenses). If it doesn’t, the court can require a different probate process.
- Burden of proof and documentation: Even though the request can be “informal,” you still must satisfy the court that the estate qualifies and that the right people are receiving the property (and that the property is properly characterized as exempt/nonexempt).
- Creditor and heir issues: If the situation falls under Fla. Stat. § 735.304, the affidavit process can involve creditor-related requirements and service requirements, and mistakes can create personal liability or later disputes among heirs.
Trying to handle this alone can lead to delays, rejection by the clerk/court, or a transfer that doesn’t actually clear title—especially with bank accounts, vehicles, or other assets held by institutions that require precise court authorization.
Get Connected with a Florida Attorney
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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.