Florida Estate Tax

Florida Small Estate Affidavit — Best Proven Guide (2026)

By Oleg Kachko · Updated June 13, 2026

✓ Verified June 2026

This guide explains the Florida small estate affidavit in plain English — the exact dollar limit, whether real estate counts, the waiting period, and how to use it to skip full probate. The threshold is verified as of June 2026 (these limits change with inflation).

Florida Small Estate Eligibility at a Glance

Here are the exact rules for using a Florida small estate affidavit:

Small estate affidavit limit NO FIXED DOLLAR LIMIT — Florida’s “disposition without administration” (Fla. Stat. 735.301) does not use a flat dollar cap. Instead, non-exempt personal property must not exceed the total of preferred funeral expenses plus reasonable and necessary medical/hospital expenses of the last 60 days of the decedent’s final illness. There is no fixed number — it varies per estate based on actual end-of-life costs. (effective UNVERIFIED — the formula-based threshold under 735.301 has been in effect for decades with no recent change)
Real estate excluded? YES — disposition without administration under 735.301 applies ONLY to personal property. Real estate cannot be transferred through this procedure. The estate must contain no real property to qualify.
Waiting period after death 30 — the applicant must wait at least 30 days after the date of death before filing a petition for disposition without administration
Summary probate threshold 150000 — effective July 1 2026, CS/SB 1500 doubles the summary administration threshold from 75000 to 150000 in non-exempt probate assets (Fla. Stat. 735.201). Homestead property is excluded from the calculation. For decedents who died before July 1 2026, the old 75000 threshold applies. Alternatively, if the decedent has been dead for more than 2 years, summary administration may be available regardless of estate value.
Transfer-on-death (TOD) deed allowed? NO — Florida has NOT adopted the Uniform Real Property Transfer on Death Act and does not recognize transfer-on-death deeds for real estate. Recording a TOD-style deed on Florida property will not accomplish the intended transfer. However, Florida recognizes the Lady Bird deed (enhanced life estate deed) as an alternative that achieves a similar result — the owner retains full control during life (including the right to sell, mortgage, or revoke) and the property passes automatically to the named remainder beneficiary at death without probate. A Lady Bird deed must be in writing, signed by the grantor, witnessed by two individuals, and notarized. Florida does allow TOD (transfer-on-death) and POD (payable-on-death) designations for financial accounts such as bank accounts and brokerage accounts.

How to File a Florida Small Estate Affidavit

(1) Wait at least 30 days after the date of death. (2) Confirm the estate contains ONLY personal property — no real estate. (3) Confirm non-exempt personal property value does not exceed preferred funeral expenses plus last-60-day medical/hospital expenses (insurance-covered medical costs and prepaid funeral costs do not count toward qualifying expenses).

(4) File an informal application by affidavit, letter, or petition with the circuit court probate division in the county where the decedent resided. (5) If the court is satisfied the requirements are met under 735.301, it issues a letter or written order under seal of the court authorizing payment, transfer, or disposition of personal property to entitled persons.

(6) Present the court’s authorization to banks, financial institutions, or others holding the decedent’s property to obtain release of assets. Note: an attorney is not required for disposition without administration, but the Florida courts strongly recommend consulting one.

Who can file in Florida: Any interested party may file the informal application for disposition without administration under 735.301. This includes heirs, beneficiaries named in a will, or any person who has a legal interest in the decedent’s estate. The applicant files by affidavit, letter, or other informal means with the circuit court.

For summary administration under 735.201, the petition may be filed by the surviving spouse, a beneficiary named in the will, or a person nominated as personal representative in the will, provided all beneficiaries are joined or consent.

Other Ways to Avoid Probate in Florida

(1) Revocable living trust — assets titled in the trust name bypass probate entirely and distribute according to trust terms; the trust must be funded (assets retitled) to be effective.

(2) Joint tenancy with right of survivorship — property passes automatically to surviving co-owners; the deed or account title must explicitly state “with right of survivorship.” For married couples, Florida law presumes real estate is held as tenancy by the entirety unless the deed says otherwise, which also avoids probate and provides creditor protection.

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(3) Beneficiary designations — life insurance, IRAs, 401(k)s, annuities, and similar accounts pass directly to named beneficiaries outside probate; review and update forms regularly to avoid assets defaulting to the estate. (4) POD/TOD account designations — bank accounts (payable-on-death) and brokerage/investment accounts (transfer-on-death) pass directly to the named beneficiary.

(5) Lady Bird deed (enhanced life estate deed) — for real estate, allows the property to pass to a remainder beneficiary at death without probate while the owner retains full control during life. (6) Florida homestead protection — under the Florida Constitution, homestead property receives special protections and may pass outside standard probate rules to a surviving spouse or minor children.

Other Florida small-estate rules: (1) Florida does NOT have a traditional small-estate affidavit like most other states — instead it uses two abbreviated probate alternatives: Disposition Without Administration (735.301) for very small personal-property-only estates, and Summary Administration (735.201) for larger estates up to 150000 in non-exempt assets (effective July 1 2026).

(2) The disposition-without-administration threshold is formula-based (funeral + last-60-day medical expenses), not a fixed dollar amount — this is unusual compared to most states. (3) CS/SB 1500 (effective July 1 2026) also doubles the family-member bank-account affidavit withdrawal limit from 1000 to 2000 and requires financial institutions to grant personal representatives access to a decedent’s safe deposit box upon presentation of Letters of Administration.

(4) Florida’s protected homestead property is constitutionally exempt from forced sale by creditors and receives special descent-and-distribution treatment — it cannot be devised away from a surviving spouse or minor children. (5) Summary administration has no waiting period after death (unlike the 30-day wait for disposition without administration), but it does require a court petition and order.

(6) The 2-year rule: if the decedent has been dead for more than 2 years, summary administration may be available regardless of estate value, and after 2 years neither the estate nor recipients are liable for claims unless enforcement proceedings were already filed.

Understanding the Florida Small Estate Affidavit

A Florida small estate affidavit can let a family skip full probate entirely when the estate is below the state limit. The exact Florida threshold above is the figure that decides eligibility — and because these limits change with inflation, using the current number matters. Filing a Florida small estate affidavit is usually far faster and cheaper than formal probate, often resolving in weeks instead of months.

Your state court’s self-help center publishes the official Florida small estate affidavit form and the current dollar limit.

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Official Florida Sources & Resources

This Florida small-estate guide was last verified against official sources in June 2026. Thresholds change with inflation — verify the current limit with your state court.

More Florida Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.