By Carol L. Grant, Attorney, Nurse | Last updated: November 2026
Florida has no general small estate affidavit like California or Texas, so a bank can turn down a generic or out-of-state form. Florida gives families four real options: a bank affidavit for accounts up to $2,000, disposition without administration, a $20,000 small intestate estate process, and summary administration. Three of the four need a court letter or order.
Key Takeaways
- The only Florida affidavit you can hand straight to a bank comes from Florida Statutes §735.303. It covers accounts in the person's sole name with no payable-on-death beneficiary, up to $2,000 total, and only after 6 months have passed.
- A bank isn't required to accept even a correct §735.303 affidavit. The law says the bank "may" pay, which leaves the decision to the bank.
- Disposition without administration and the small intestate estate process both end with a court letter. The bank needs that letter, not just a signed affidavit.
- Summary administration covers estates with $150,000 or less in non-exempt assets, or estates where the person died more than 2 years ago.
- Accounts with a payable-on-death beneficiary or a surviving joint owner pass outside probate. The person named on the account claims them with a death certificate.
Does Florida Have a Small Estate Affidavit?
No, not in the way most states do. Florida has no single sworn form that lets heirs collect a loved one's property without a court. The closest thing is a narrow bank affidavit under §735.303, and it only works for very small accounts.
That surprises a lot of families. Many other states let heirs sign one affidavit and collect bank accounts, cars, and other property. Online form sites sell "Florida small estate affidavit" templates, too. A template, though, can't give you rights that Florida law doesn't.
So what does Florida offer instead? The Florida Probate Code has four paths for small estates. One of them skips court completely. The other three go through the circuit court, which issues a letter or order. That court paper protects the bank from liability when it releases the money, and that protection is what the bank is looking for.
Why Did the Bank Reject My Small Estate Affidavit?
A bank rejects a small estate affidavit when the paperwork doesn't give it legal cover to release the money. If the bank pays the wrong person, it can be on the hook. So it wants either a document Florida law recognizes or a court order that clears it.
Standing at the bank counter while your paperwork gets handed back is frustrating, especially while you're grieving. The good news? A rejection usually points to a specific problem, and each problem has a next step.
| What happened | Why it matters | What to do next |
|---|---|---|
| You used another state's form or an online template | Florida law doesn't recognize it | Find out which Florida option fits your situation |
| The accounts total more than $2,000 | That's over the §735.303 limit | Look at the court-based options below |
| It's been less than 6 months since the death | §735.303 bars payment before then | Wait, or use a court option |
| The account named a payable-on-death beneficiary | It isn't a "qualified account" under the law | That beneficiary claims it with a death certificate |
| The person left a will | The §735.303 affidavit requires that you know of no will | Use a court option |
| The wrong family member signed | The law sets an order: spouse, then adult child, then adult descendant, then parent | Have the right family member sign |
| A probate case is already open | The affidavit requires that no probate has started | Work through the personal representative |
| Your situation calls for a court letter | Disposition without administration and §735.304 both require one | File the petition with the court |
| Everything was in order, and the bank still said no | The law lets the bank choose whether to pay | Get a court letter or order |
That last row catches people off guard. Under §735.303, a bank "may" pay a qualifying family member. It doesn't have to. Some banks simply won't release funds without a court order, even when your affidavit checks every box.
Your 4 Legal Options in Florida
Florida law gives small estates four ways to reach a bank account without full probate. Which one fits depends on how much money is involved, whether there's a will, and how long ago your loved one died.
Option 1: The §735.303 Bank Affidavit (Up to $2,000)
This is the only option that skips court. A family member signs a sworn affidavit and brings it to the bank with a certified copy of the death certificate. Florida Statutes §735.303 even includes the form.
The rules are strict, though:
- The accounts must total $2,000 or less. This counts every qualifying account the family knows about, at every bank.
- At least 6 months must have passed since the date of death.
- The account must be in the person's sole name, with no payable-on-death beneficiary or other survivor named.
- Only one family member qualifies, in this order: the surviving spouse, then an adult child, then an adult descendant, then a parent.
- There can be no known will and no open probate case.
The person who signs also takes on real responsibility. The affidavit states that the signer is personally liable to creditors and other rightful heirs if they receive more than their share. A false statement can be a crime.
Option 2: Disposition Without Administration (§735.301)
Disposition without administration lets the court release property when the estate is too small to need a personal representative. The person must have left only personal property, no real estate, that falls into two groups:
- Exempt property under §732.402, such as household furniture up to $20,000, up to two regularly used cars, and 529 college savings plans
- Other personal property worth no more than the funeral bill plus reasonable medical and hospital costs from the last 60 days of the final illness
Any interested person can apply to the court. If the judge agrees the estate qualifies, the court issues a letter under seal. That letter tells the bank who should receive the funds. It also clears the bank of liability once it pays. This option works whether or not there's a will.
Carol L. Grant, P.A. handles disposition without administration for families in Pembroke Pines and across Broward, Miami-Dade, and Palm Beach counties.
Option 3: Small Intestate Estates Under §735.304 (Up to $20,000)
Section 735.304 covers people who died without a will and left only personal property. It allows up to $20,000 in non-exempt property, on top of exempt property and final funeral and medical costs. Florida raised this limit from $10,000 on July 1, 2026.
This path takes more steps than people expect:
- More than 1 year must have passed since the death, with no other probate case open.
- An heir files a sworn affidavit with the court. The surviving spouse and the other heirs must sign it too, unless an heir is getting their full legal share.
- You have to search for creditors and either plan to pay them or get their consent.
- Formal notice goes out to any heir who didn't sign, every known creditor, and Florida's Agency for Health Care Administration if the person was over 55.
Mistakes here carry a cost. A creditor who was left out can sue the people who signed and recover attorney fees. A left-out heir can do the same. If you're considering this route, it's worth having Carol L. Grant, P.A. review whether the estate qualifies before anything gets filed.
Does the new $20,000 limit apply if your loved one died before July 1, 2026? The law doesn't answer that clearly yet. Our guide to Florida probate thresholds explains what changed.
Option 4: Summary Administration (Up to $150,000)
Summary administration is a shorter court process for estates with $150,000 or less in non-exempt assets. It's also available when the person died more than 2 years ago, whatever the estate's value.
You file a petition with the circuit court. If it's approved, the judge signs an order of summary administration that tells the bank, and anyone else holding assets, where the property goes. It works with or without a will, and unlike Options 1 through 3, it can cover more than personal property. Under §735.201, it isn't available if the will requires formal administration.
Comparing Florida's 4 Small Estate Options
| §735.303 bank affidavit | Disposition without administration | §735.304 small intestate estate | Summary administration | |
|---|---|---|---|---|
| Value limit | $2,000 total in qualifying accounts | Exempt property plus funeral and last-60-days medical costs | $20,000 plus exempt property and those costs | $150,000 in non-exempt assets, or death 2+ years ago |
| Waiting period | 6 months after death | None in the statute | More than 1 year after death | None, unless relying on the 2-year rule |
| Court involved? | No | Yes | Yes | Yes |
| Will allowed? | No known will | Yes | No, intestate only | Yes |
| Who applies | One family member, in statutory order | Any interested person | An heir, with the spouse and other heirs joining | Petition to the circuit court |
| What the bank receives | Sworn affidavit and certified death certificate | Court letter under seal | Court letter under seal | Order of summary administration |
(all dollar limits in the table above)
What If None of These Options Fit?
If none of the four options fit, the estate needs formal administration. That's Florida's standard probate process. The court appoints a personal representative and issues letters of administration, which give that person legal authority to deal with the bank.
Formal administration usually comes into play when:
- The estate has more than $150,000 in non-exempt assets, and the person died less than 2 years ago
- The will says formal administration is required
- Someone needs ongoing authority to manage the estate, such as paying bills, selling property, or handling claims
Once letters are issued, the bank deals with the personal representative instead of the family. The personal representative also takes on legal duties to the heirs and creditors. Our guide to personal representative duties in Florida covers what that role involves, and the personal representative guidance page explains how Carol L. Grant, P.A. supports people in that role.
Check This First: Does the Account Even Need Probate?
Before choosing any option, look at how the account was set up. Many bank accounts pass to someone automatically at death, with no affidavit or court paper needed.
Payable-on-death (POD) accounts go straight to the named beneficiary. Florida's pay-on-death account law, §655.82, governs these. The beneficiary usually needs only a certified death certificate and ID.
Joint accounts are presumed to belong to the surviving owner under Florida law. An account held by a married couple is treated as owned by both spouses together. In either case, the survivor can usually keep using the account or close it.
Accounts owned by a living trust are handled by the successor trustee, not through probate.
It's worth calling the bank and asking one simple question: "Does this account have a POD beneficiary or a joint owner?" The answer may save you from filing anything. One caution if you're planning ahead: adding a child to an account brings its own risks. Our article on adding your child's name to your bank account explains why, and our probate avoidance strategies cover safer options.
Where Do You File a Small Estate Affidavit in Florida?
It depends on which option you're using. The §735.303 bank affidavit isn't filed anywhere. You take it straight to the bank. The other three options are filed with the circuit court in the county where your loved one lived.
For families in South Florida, that means:
| If your loved one lived in... | File with... |
|---|---|
| Broward County (Pembroke Pines, Miramar, Cooper City, and nearby) | The Seventeenth Judicial Circuit, Broward County |
| Miami-Dade County | The Eleventh Judicial Circuit, Miami-Dade County |
| Palm Beach County | The Fifteenth Judicial Circuit, Palm Beach County |
If the person didn't live in Florida but owned property here, §733.101 points you to the county where that property is located.
Each county clerk has its own filing setup, forms, and fees. Our probate costs and fees page covers what families in Pembroke Pines and the surrounding area can expect to spend.
Can I Handle a Small Estate Without an Attorney?
Yes, for the §735.303 bank affidavit. Florida designed that process for families to use on their own, and the statute even includes the form. The three court options are a different story, because the person who signs takes on legal responsibility.
Here's where families tend to run into trouble with the court-based options:
- Picking the wrong option. Filing under §735.304 when the estate qualifies only for summary administration, or the reverse, means starting over.
- Missing a creditor. Under §735.304, a creditor you didn't find or provide for can sue the people who signed the affidavit and recover attorney fees.
- Leaving out an heir. An heir who was missed can bring the same kind of claim.
- Skipping required notice. If your loved one was over 55, the Agency for Health Care Administration must get formal notice under §735.304.
None of this means you need a lawyer for every small estate. It means the decision to go it alone should be an informed one. Our article on common probate mistakes in Florida covers more of the errors that cost families time and money.
How Carol L. Grant, P.A. Helps When a Bank Says No
Carol L. Grant is a Florida probate attorney in Pembroke Pines who is also a nurse. She speaks regularly to financial advisors and social workers about avoiding probate. She works with families sorting out small estates.
When a family brings Carol a rejected affidavit, the first step is figuring out which of Florida's four options actually fits. That depends on the account setup, the estate's value, whether there's a will, and how long ago the person died. From there, the firm can prepare and file the right petition so the bank gets the court letter or order it needs.
Clients often mention that Carol explains things clearly. One client said she has a way of explaining legal terms "in a simple, easy to understand way." Consultations take place by phone or Zoom, and the firm serves families across Broward, Miami-Dade, and Palm Beach counties.
Individual experiences vary. You may not obtain the same or similar results.
Frequently Asked Questions
Does Florida have a small estate affidavit?
Not the general kind many other states use. Florida has no single affidavit that lets heirs collect all of a loved one's property without court. The closest thing is the bank affidavit under Florida Statutes §735.303, which works only for accounts totaling $2,000 or less, at least 6 months after death, when there's no known will. Larger or more complicated estates use a court process instead: disposition without administration, the §735.304 small intestate estate process, or summary administration. Each of those ends with a court letter or order that the bank can rely on.
Can a bank refuse a small estate affidavit in Florida?
Yes. Banks can refuse out-of-state forms and generic templates because Florida law doesn't recognize them. A bank can even refuse a correct §735.303 affidavit, since the statute says the bank "may" pay, not that it must. If that happens, the next step is a court-based option. A court letter under §735.301 or §735.304, or an order of summary administration, protects the bank from liability when it releases the funds. That protection is usually what the bank wants before it pays anyone.
How much money can be in a bank account without probate in Florida?
It depends on how the account is set up. Accounts with a payable-on-death beneficiary or a surviving joint owner pass outside probate, whatever the balance. For accounts in the person's sole name, a family member can collect up to $2,000 total with the §735.303 affidavit and no court involvement. Anything above that requires a court process. Options include a $20,000 limit for intestate estates under §735.304 and summary administration for estates with $150,000 or less in non-exempt assets.
Where can I get a Florida small estate affidavit form?
The only official Florida affidavit for collecting bank funds without court appears in the text of Florida Statutes §735.303 itself, on the Florida Legislature's website. Online "Florida small estate affidavit" templates don't carry legal weight if they don't match a Florida statute. For the court-based options, some county clerks post instructions or form packets on their websites. Make sure any form you use matches the specific Florida process that fits your situation.
Where do I file a small estate affidavit in Florida?
You don't file the §735.303 bank affidavit anywhere. It goes directly to the bank with a certified death certificate. The court-based options are filed with the circuit court in the county where your loved one lived. In South Florida, that's the Seventeenth Judicial Circuit for Broward County, the Eleventh for Miami-Dade, and the Fifteenth for Palm Beach. If the person lived outside Florida but owned property here, you file in the county where the property is located.
What is disposition without administration in Florida?
Disposition without administration is a short court process under Florida Statutes §735.301 for very small estates. It applies when a person leaves only personal property that is either exempt, such as household furniture up to $20,000 or up to two family cars, or worth no more than the funeral bill and the last 60 days of medical costs. Any interested person can apply. If the court agrees, it issues a letter under seal that authorizes the bank or other holder to release the property.
How long do I have to wait to use the Florida bank affidavit?
You must wait at least 6 months after the date of death. Under Florida Statutes §735.303, a bank can't pay out funds under the affidavit any earlier than that. The other requirements still apply: the accounts must total $2,000 or less, be in the person's sole name with no payable-on-death beneficiary, and there can be no known will or open probate case. If you can't wait 6 months, disposition without administration or summary administration may move faster, depending on the estate.
Can I handle a small estate in Florida without a lawyer?
You can use the §735.303 bank affidavit on your own, since it's built for families. The court-based options carry more risk. Under §735.304, for example, people who sign the affidavit can be personally liable to creditors or heirs who were left out, including for attorney fees. Choosing the wrong process can also mean starting over. Many families find that a single consultation helps them pick the right path before they file anything.
A Bank Rejection Isn't the End of the Road
A rejected small estate affidavit usually means one thing: the paperwork didn't match what Florida law lets a bank accept. Florida has four real options, from the $2,000 bank affidavit to summary administration, and three of them end with a court letter or order the bank can rely on. The right choice depends on the account, the estate's value, the will, and the timing.
If a bank has turned you away, Carol L. Grant, P.A. can help you figure out which option fits and handle the filing. The firm serves families in Pembroke Pines and throughout Broward, Miami-Dade, and Palm Beach counties, with consultations by phone or Zoom. Book a consultation or call (954) 404-8274 to talk through your situation.
