Florida Small Estate Affidavit Limit (2026)
In Florida, estates valued at or below $75,000 can bypass formal probate court proceedings under Summary Administration & Disposition Without Administration (Fla. Stat. § 735.201 / § 735.301). Use the interactive calculator below to evaluate whether your estate qualifies.
In Florida: Estates with qualifying probate assets valued at or below $75,000 can bypass formal probate court proceedings under Fla. Stat. § 735.201 / § 735.301 (Summary Administration & Disposition Without Administration). Heirs must observe a mandatory statutory waiting period of no statutory delay before executing the affidavit. Real property transfer is permitted under summary affidavit procedures.
Florida Small Estate Affidavit Eligibility Checker
Statutory Threshold: $75,000 under Fla. Stat. § 735.201 / § 735.301
1. Probate Assets Valuation
Enter the gross fair market value of assets titled solely in the decedent’s name with no designated beneficiary.
2. Exempt Non-Probate Exclusions
Assets that pass automatically by contract or operation of law bypass probate and are 100% EXCLUDED from the statutory limit.
Qualifies for Florida Small Estate Procedure
Summary Administration & Disposition Without AdministrationLegal Analysis: The decedent’s probate-subject assets total $45,000, which is under the $75,000 statutory maximum established by Fla. Stat. § 735.201 / § 735.301. Heirs can bypass formal court administration.
📋 Next Statutory Steps for Florida:
- Required Form: Petition for Summary Administration / Disposition of Personal Property Without Administration.
- Waiting Requirement: Wait 0 days after the decedent’s date of death before presenting or filing.
- Documentation: Attach certified death certificate and proof of decedent’s sole ownership.
- Notarization: Must be signed under penalty of perjury in the presence of a licensed Notary Public.
- Presentation: Present certified copies directly to asset holders (e.g. Chase, Wells Fargo, brokerage firms) without open probate.
STATUTORY PROBATE EXEMPTION AUDIT DOSSIER & SMALL ESTATE EVALUATION
JURISDICTION: STATE OF FLORIDA · SUMMARY ADMINISTRATION & DISPOSITION WITHOUT ADMINISTRATION (Fla. Stat. § 735.201 / § 735.301)
Generated: 11/2/2026
Pursuant to Fla. Stat. § 735.201 / § 735.301, the decedent's probate-subject estate of $45,000 is beneath the statutory maximum of $75,000. Rightful distributees may collect assets directly via Form: Petition for Summary Administration / Disposition of Personal Property Without Administration without formal probate proceedings.
1. Statutory Asset & Liability Valuation
| Sole Personal Property, Bank Accounts & Vehicles: | $45,000 |
| Countable Net Real Estate Equity: | $0 |
| Gross Probate-Subject Estate: | $45,000 |
| Florida Small Estate Statutory Cap: | $75,000 |
| Excluded Non-Probate Assets (Trusts, TOD, Survivorship): | $75,000 |
| Deductible Funeral & Final Medical Expenses: | -$5,000 |
2. Statutory Conditions & Mandatory Requirements
No statutory waiting period; immediate execution permitted.
Instrument: Petition for Summary Administration / Disposition of Personal Property Without Administration
Court: Circuit Court (Probate Division)
Affiant / Successor Signature:
Full Printed Name / Executed Under Penalty of Perjury
Notary Public Acknowledgment:
State Seal, Commission Expiration & Date
Florida Statutory Small Estate Rules & Qualifications
⚖ Key Legal Parameters
- Maximum Estate Value:
- $75,000
- Mandatory Waiting Period:
- No waiting period
- Real Property Included:
- Yes (Specific terms apply)
- Governing Statute:
- Fla. Stat. § 735.201 / § 735.301
- Judicial Venue:
- Circuit Court (Probate Division)
📑 Required Documentation & Procedure
Available immediately if debts are paid, or after 2 years from death regardless of estate size. Court issues formal order of transfer.
Real Estate Transfer Rules in Florida
Real estate allowed under Summary Administration (§ 735.201); Homestead property value is 100% exempt from the $75,000 cap.
Exclusions: Protected Homestead real property and exempt personal property under Fla. Stat. § 732.402 are excluded from the dollar limit.
How to File a Small Estate Affidavit in Florida
- Check the Asset Total: Calculate all personal property solely titled in the decedent’s name. Subtract outstanding secured debt and statutory funeral deductions. Confirm that the final total does not exceed $75,000.
- Verify Beneficiary Designations: Ensure you are not counting assets that pass directly by contract, such as life insurance policies, 401(k) accounts, or bank accounts designated as Payable-on-Death (POD).
- Wait the Required Time: In Florida, you must wait until official death records are issued prior to presenting the affidavit to any institution.
- Complete the Petition for Summary Administration / Disposition of Personal Property Without Administration: Draft the document, listing every financial institution, account number, and exact dollar balance.
- Notarize Under Oath: All rightful distributees or the designated representative must sign before a licensed notary public under penalty of perjury.
- Present to Custodians: Deliver the notarized affidavit alongside a certified copy of the death certificate to banks, DMVs, or asset holders to claim and distribute funds.
Frequently Asked Questions About Florida Small Estates
What is the small estate limit in Florida for 2026?
Under Fla. Stat. § 735.201 / § 735.301 (Summary Administration & Disposition Without Administration), the 2026 small estate threshold in Florida is $75,000. Estates with gross probate assets at or below this value qualify for expedited transfer without formal court probate.
How long do you have to wait after death to file a small estate affidavit in Florida?
Under Florida probate statutes, there is no mandatory waiting period; the summary settlement petition or affidavit can be executed immediately following death once required death certificates are available.
Can real estate be transferred with a small estate affidavit in Florida?
Yes, Florida permits real estate transfers under specific statutory conditions: Real estate allowed under Summary Administration (§ 735.201); Homestead property value is 100% exempt from the $75,000 cap.
What form is required for a small estate in Florida?
The required official legal instrument is the Petition for Summary Administration / Disposition of Personal Property Without Administration, which must be signed under oath in the presence of a notary public and presented to asset holders or filed with the Circuit Court (Probate Division).
Compare Other States
Check small estate exemption thresholds across all 50 U.S. states