Detailed Answer

Short answer: In Florida, a person entitled to a decedent’s personal property (commonly a surviving spouse, heir, or beneficiary) can use a small‑estate affidavit under Chapter 735 of the Florida Statutes to collect certain personal property without formal probate or administration. To use that procedure you must confirm the decedent and estate meet the statutory requirements, prepare an affidavit that identifies the decedent, lists the property and values, attach required documents (for example a certified death certificate), have the affidavit sworn and notarized, and present it to the custodian of the property (bank, employer, funeral home, etc.) or file it with the clerk when necessary.

This is general information and not legal advice; consult a Florida attorney about your specific situation.

What law governs small‑estate affidavits in Florida?

Florida’s rules about disposition of personal property without administration appear in Chapter 735 of the Florida Statutes. See the main chapter and the key section on disposition of personal property here: Fla. Stat. ch. 735 and Fla. Stat. §735.201. Read the chapter carefully because it describes eligibility, who may sign the affidavit, and protections for those who rely on a valid affidavit.

Who may use a small‑estate affidavit?

• A person entitled to the decedent’s personal property under a will or by inheritance (for example, a spouse, next of kin, or named beneficiary).
• The property and circumstances must meet the statutory limits and conditions in Chapter 735 (for example, the property must be personal property covered by the statute and not require formal administration under Florida law).

Step‑by‑step: How to prepare and submit an affidavit accounting for personal property

1. Confirm eligibility: Make sure the decedent’s estate qualifies for disposition without administration under Chapter 735. That generally means the decedent left only personal property subject to collection by affidavit (check the statute for exceptions) and no pending administration or probate proceeding is open for that estate.
2. Gather required documents: Common items to collect include a certified copy of the decedent’s death certificate, photo ID for the person making the affidavit, documentation of relationship or entitlement (marriage certificate, copy of will or beneficiary designation if applicable), and any records showing the existence and value of the personal property (bank statements, account numbers, vehicle title, account statements for brokerage or retirement accounts, life insurance policy, etc.).
3. Prepare the affidavit: The affidavit should be in the format required by the institution or by the statute and must include: the decedent’s full name and last known address, date of death, a detailed list of each item of personal property being claimed and an estimated value for each item or account, a statement that no administration is pending in Florida and that the person signing is entitled to the property, and a statement that the total value (if the statute requires a limit) is within the statutory limit for disposition without administration. Include contact information for the affiant (the person signing).
4. Swear to and notarize the affidavit: The affidavit must be sworn (oath or affirmation) before a notary public or other authorized official. Keep the original notarized affidavit and make certified copies of supporting documents where required.
5. Provide the affidavit to the custodian: Present the original notarized affidavit and required attachments (death certificate, ID, etc.) to the person or institution holding the property (bank, brokerage, employer, or wherever the asset is located). Many institutions have internal policies and may request their own form or additional documentation. If the custodian accepts the affidavit, they will release the property or funds to the affiant.
6. Consider court filing if necessary: Although many small‑estate affidavits are presented directly to custodians, you may choose (or be required) to file the affidavit and supporting materials with the clerk of the circuit court to create a record. Filing is also advisable where a third party refuses to release property and you need to ask the court to compel delivery.
7. Retain records and be aware of liability: Keep copies of everything. Florida law provides protections for a person who accepts a valid affidavit in good faith, but there may be civil or criminal penalties for making false statements in an affidavit (perjury) or wrongfully taking property.

What to expect from banks and other custodians

• Institutions vary in what they accept—some use their own affidavit forms or require additional proofs (e.g., heirship affidavits, IBAN, account numbers, or proof of relationship).
• A bank or broker may refuse to release funds if the account is jointly held, if the institution suspects competing claims, or if the asset falls outside the scope of a small‑estate affidavit.
• If a party refuses to honor a valid affidavit, you may need to open an administration or file a court action asking a judge to order distribution.

Risks and common problems

• Submitting an affidavit with errors, omissions, or false statements may create exposure to civil liability and criminal charges (perjury).
• Failure to list creditors or unknown claims can lead to personal liability if a later creditor proves the estate should have gone through formal administration.
• Conflicting claims from other family members or beneficiaries can lead to contested proceedings and may require a probate administration.

Where to find forms and more information

Florida statutes provide the legal framework, but many banks, brokerages, and employers publish their own affidavit forms. Look for sample affidavits from the clerk of the circuit court in your county or consult a probate attorney for a form tailored to your situation. Read Chapter 735 at the Florida Legislature website: Fla. Stat. ch. 735 and the specific disposition section: Fla. Stat. §735.201.

When to contact an attorney

Consider speaking with a Florida probate attorney if:

• The estate has real property, complex assets, or potential debts that exceed statutory limits;
• There is a dispute among heirs or beneficiaries;
• A custodian refuses to accept the affidavit; or
• You are unsure whether the estate qualifies for disposition without administration or worry about personal liability.

Disclaimer

This article explains general Florida law about small‑estate affidavits for personal property. It is educational only and not legal advice. For advice about your specific facts, consult a licensed Florida attorney.

Helpful Hints

• Double‑check eligibility under Chapter 735 before preparing the affidavit.
• Always attach a certified copy of the death certificate and a copy of your photo ID when presenting an affidavit.
• List each account/item and an estimated value—do not use vague descriptions.
• Ask the custodian in advance whether they have a preferred affidavit form or additional requirements.
• Keep original notarized affidavits and provide only copies to institutions that ask for them.
• If multiple heirs exist, get written agreement from them when possible to avoid disputes.
• If a bank refuses, request the refusal in writing so you can show the court why a judicial order is needed.
• When in doubt, consult a probate attorney—small mistakes can lead to personal liability or a required administration.