The Short Answer

Florida does not use North Carolina’s “small estate” process, but Florida does have streamlined options for smaller estates. Depending on what the decedent owned, you may be able to transfer assets through Disposition Without Administration or Summary Administration instead of a full formal probate.

What Florida Law Says

In Florida, “small estate” relief usually means one of two things: (1) a court authorization to release limited personal property without opening a probate administration, or (2) a shortened probate case (summary administration) when the estate qualifies by value or time since death. Which path applies depends on the type of assets, whether there are creditors, and whether the decedent has been deceased long enough to change creditor-risk rules.

The Statute

The primary law governing the most common small-estate shortcut is Fla. Stat. § 735.301.

This statute establishes that no administration is required when the decedent left only certain exempt personal property and limited nonexempt personal property not exceeding specified last-expense amounts, and the court can authorize transfer of that property to the persons entitled.

Florida also allows Summary Administration in qualifying cases under Fla. Stat. § 735.201, generally when the estate subject to administration (excluding exempt property) is $75,000 or less or the decedent has been dead for more than 2 years.

If you want a deeper overview of Florida’s small-estate options, see: How Do I File a Small Estate Affidavit for Personal Property in Florida? and What Documents Do I Need for a Florida Small Estate Affidavit (Disposition Without Administration)?.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your situation is rarely simple. Legal outcomes often depend on:

• Strict thresholds and timing: Summary administration depends on the $75,000 limit (excluding exempt property) or whether the death occurred more than 2 years ago. See Fla. Stat. § 735.201.
• Burden of proof and documentation: Banks, title companies, and courts often require specific proof of death, entitlement, and asset values—missing items can delay or derail transfers.
• Creditor and liability risk: Even in streamlined procedures, creditor issues can create personal liability or disputes among heirs if handled incorrectly. (For example, summary administration includes creditor-notice and payment concepts. See Fla. Stat. § 735.206.)

Trying to handle a “small estate” alone can lead to rejected filings, delays in accessing funds, or avoidable disputes—especially when there are multiple heirs, unclear asset ownership, or potential creditors.

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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.