Does Florida Have a Small Estate Affidavit? What to Know About Disposition Without Administration

Florida doesn't actually have a "small estate affidavit" the way some other states do. What Florida offers instead is Disposition Without Administration, a narrow process under Florida Statutes §735.301–.304 that lets someone recover funeral and final medical expenses from a small amount of personal property without opening a full probate case. For most small estates, the better fit is Summary Administration, available when non-exempt assets total $75,000 or less, or the person died more than two years ago. At Carol L. Grant, P.A., we help Pembroke Pines families figure out which of these options actually applies, then handle the filing so banks and other institutions accept it the first time. Call (954) 404-8274 to talk through your situation.

What People Mean by "Small Estate Affidavit" in Florida

The term comes from other states, where a sworn affidavit lets heirs collect a deceased person's assets directly, without any court filing. Florida doesn't offer that shortcut. Instead, Florida gives you two narrower tools depending on what the estate looks like:

• Disposition Without Administration: for very small estates made up only of personal property, where the amount doesn't exceed what was paid for funeral costs and the final 60 days of medical or hospital bills. No real estate qualifies.
• Summary Administration: for estates where non-exempt assets total $75,000 or less, or the person died more than two years ago. This is the process most families end up using, and it can include real estate.

Both skip the appointment of a personal representative and the long creditor-claim period that formal administration requires. Neither one is truly a do-it-yourself affidavit, though — both still go through the probate court.

Who Qualifies for Disposition Without Administration

Disposition Without Administration exists to reimburse whoever paid the funeral bill or the deceased person's final medical expenses. To qualify, the estate has to consist only of personal property, and its value can't exceed the combined funeral and medical costs paid in the final 60 days of life. There's no waiting period tied to this option, but a related version under §735.304 applies when the person died intestate and more than a year has passed with no administration pending.

Common disqualifiers include real estate of any kind, outstanding creditor claims beyond funeral and medical costs, and estates already in a formal or summary administration proceeding. If the estate doesn't fit these narrow terms, Summary Administration is usually the next option to check.

Who Qualifies for Summary Administration

Summary Administration works for estates where the non-exempt assets add up to $75,000 or less, or where two years have passed since the death. Exempt property doesn't count toward that limit: homestead property, up to two vehicles, and household furnishings up to $20,000 are excluded. That means an estate with a $400,000 homestead, a car, and a $60,000 bank account can still qualify for Summary Administration, because only the $60,000 counts toward the threshold.

We cover the full cost breakdown for Summary Administration, along with formal administration, on our Probate Costs and Fees page.

How the Filing Process Works

Both processes start with a sworn petition or affidavit filed with the probate court in the county where the person lived. For Disposition Without Administration, the filing includes the death certificate, receipts for the funeral and medical expenses paid, and a list of the personal property involved. For Summary Administration, the petition lists the estate's assets and debts, identifies the beneficiaries, and states why the estate qualifies.

The court gives creditors and beneficiaries a short window to object, usually 20 days for Summary Administration, unless everyone involved signs a waiver to skip the wait. Once the court is satisfied, it issues an order that authorizes banks, the DMV, and other institutions to release the assets directly. Disposition Without Administration cases can often close within a matter of weeks; Summary Administration usually takes one to two months.

What These Processes Can and Can't Transfer

Disposition Without Administration only reaches personal property: bank accounts, vehicles, and household items. It can't touch real estate under any circumstances. Summary Administration is broader and can include real property, but it still can't be used if there are unresolved disputes among beneficiaries, unpaid creditor claims that exceed the exemptions, or ongoing administration needs like a business the deceased owned.

Why Banks Often Reject Self-Filed Paperwork

Florida law allows someone to file for Summary Administration or Disposition Without Administration without an attorney, but that doesn't mean a bank or title company will accept the resulting order without question. Financial institutions frequently ask for additional documentation, want the wording of the order to match their internal requirements exactly, or flag errors in how the personal property was valued or described. We've seen families spend months re-filing after a first attempt was rejected. Preparing the filing correctly the first time avoids that delay.

Attorney Fees vs. Handling It Yourself

For estates this small, the attorney fee is usually modest compared to what formal probate would cost, and it's often smaller than the time and expense of correcting a rejected filing. We give you a clear, upfront number before you decide, so you can weigh it against the alternative of handling the paperwork yourself and risking a rejection.

Frequently Asked Questions

Does Florida have a small estate affidavit?

Not in the way most people mean. Florida offers Disposition Without Administration for very small estates limited to personal property, and Summary Administration for estates at or under $75,000 in non-exempt assets. Both go through the probate court rather than a simple sworn affidavit.

How much does a small estate affidavit cost in Florida?

Costs include the court filing fee, which varies by county, plus any attorney fee if you use one. Our Probate Costs and Fees page breaks down the typical range for both Summary Administration and formal probate.

Can I file without an attorney in Florida?

Florida doesn't require an attorney for Summary Administration or Disposition Without Administration the way it does for formal probate. That said, banks and other institutions frequently reject self-prepared filings over technical errors, which can cost more time than hiring an attorney would have in the first place.

Can I use this process for a bank account?

Yes. Bank accounts are one of the most common assets handled through both Disposition Without Administration and Summary Administration, though the bank will typically require a certified copy of the court's order before releasing the funds.

What happens if the estate exceeds the limit?

If non-exempt assets exceed $75,000 and less than two years have passed since the death, the estate generally has to go through formal administration instead. We review the numbers with you to confirm which process actually applies before you file anything.

Can creditors block the process?

Outstanding, unresolved creditor claims can disqualify an estate from Disposition Without Administration and can complicate a Summary Administration petition. We review known debts against the estate's assets before filing to avoid a rejection or later dispute.

Talk to a Probate Attorney About Your Situation

If you're trying to figure out whether Disposition Without Administration, Summary Administration, or formal probate fits your situation, call (954) 404-8274 or schedule a consultation online. We'll review the estate with you and tell you plainly which path applies.