The Short Answer

In Florida, what many people call an “affidavit of collection” is usually an affidavit for disposition of personal property without administration (a small-estate option). You generally must swear (under oath) that the estate qualifies, identify the assets and heirs, and address creditor issues—because the affidavit can create personal liability if debts or heirs are missed.

What Florida Law Says

Florida allows certain small intestate estates (no will) to be handled without opening a full probate case, but only if the estate meets strict limits on what property exists and how much non-exempt property there is. The affidavit is not just a formality: it is the sworn basis the court relies on to authorize a bank or other holder to release property, and the law requires attention to heirs, creditors, and (in some cases) state agency notice.

The Statute

The primary law governing this issue is Fla. Stat. § 735.304.

This statute establishes that no administration is required for certain small, intestate estates and allows an eligible heir to request distribution by affidavit, but it also requires a diligent search for creditors, appropriate signatures/verification, and specified service/notice before the court may authorize release of the property.

If your situation involves a larger estate (or the decedent has been deceased for more than 2 years), Florida’s summary administration may be the right path instead. See Fla. Stat. § 735.201.

For more detail on what people typically gather before submitting this type of affidavit, you may also want to read: 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 Deadlines: The statute has timing requirements (including that the decedent generally must have been deceased for more than 1 year for this affidavit-based process), and other probate deadlines can still matter depending on the asset and creditor issues.
• Burden of Proof: You may need to prove the estate qualifies (what property exists, what is exempt vs. non-exempt, values, and who the legal heirs are). If the affidavit is incomplete or inconsistent, the court or asset-holder may refuse to release funds.
• Exceptions and Liability: The law requires a diligent search for creditors and proper notice/service in certain situations, and recipients can face personal liability for lawful claims and disputes by omitted heirs under the statute.

Trying to handle this alone can lead to delays, rejected filings, or exposure to claims that could have been avoided with proper legal review.

If you’re unsure whether you need this affidavit, summary administration, or full probate, see: Small Estate vs. Full Probate in Florida: What’s the Difference When You Inherit Assets?

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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.