The Short Answer

Florida does not use a single “small estate affidavit” the same way some other states do. Depending on the asset and the size/type of estate, you may be able to collect certain assets using a short affidavit-based process called Disposition Without Administration, but the documents required vary based on what you’re trying to transfer and whether the estate qualifies.

What Florida Law Says

For very small estates that consist only of certain exempt property and/or limited nonexempt personal property tied to funeral and last-illness expenses, Florida law allows the court to authorize transfer of assets based on an informal application (often supported by an affidavit and supporting paperwork). If the estate does not qualify, a different probate route (such as summary administration) may be required.

If you were asking about North Carolina specifically, the rules and forms are different. Because you selected Florida, the information below is Florida-specific.

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 (within the statute’s limits), the court may authorize payment/transfer of that personal property based on an informal application (including by affidavit) without opening a full probate administration.

Common Documents You May Need (Varies by Court and Asset Holder)

Even though § 735.301 allows an informal application, in practice you should expect to gather documents that prove (1) death, (2) what the assets are, (3) who is entitled to receive them, and (4) that the estate fits within the statutory limits. Commonly requested items include:

• Certified death certificate (often required by the court and by banks/asset holders).
• Itemized funeral bill(s) and proof of payment (or balance due), because eligibility can depend on funeral expenses.
• Itemized medical/hospital bills from the last 60 days of the last illness and proof of payment (or balance due), because eligibility can depend on those expenses.
• Asset documentation showing the type of property and value (e.g., bank letter, account statement, check payable to the estate, refund letter, etc.).
• Proof of entitlement/relationship (for example, information showing who the heirs/beneficiaries are), especially if multiple people may have rights to the property.
• If there is a will, a copy may be relevant even when you are not opening full administration (and it can change what process is appropriate).

For certain very small bank accounts, Florida also has a separate affidavit process that may apply in limited situations. See Fla. Stat. § 735.303, which specifically requires a certified death certificate and a sworn affidavit containing specific statements before a financial institution can pay out qualifying funds.

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 within narrow categories (exempt property and limited nonexempt personal property tied to funeral/last-illness expenses). If it doesn’t, the court can require a different probate process.
• Burden of proof: You typically need credible documentation of asset values, expense amounts, and who is legally entitled—otherwise banks and courts may refuse to release property.
• Exceptions and “wrong process” risk: Some assets pass outside probate (beneficiary designations, joint accounts), while others require summary administration or formal administration. Using the wrong approach can delay access to funds or create liability disputes among family members.

Trying to handle this alone can lead to rejected filings, delays, or disputes over who should receive the property. An attorney can quickly confirm the correct Florida procedure and make sure the paperwork matches what the court and the asset holder will accept.

For more background, you may also find helpful: Can I Use an Heirship Affidavit for a Small Estate in Florida? and How Do I Apply for Probate and Get Letters Testamentary in Florida?.

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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.