When someone dies leaving only a modest amount of property, the family may wonder whether they really need to open a full Florida probate administration.

In some situations, the answer is no.

Florida law provides several simplified procedures for smaller estates, including what is commonly called a Florida small estate affidavit.

But the terminology can be confusing.

Florida actually has several different procedures that people sometimes describe as a “small estate affidavit,” including:

• Disposition of personal property without administration

• Disposition of intestate property in small estates by affidavit

• A limited affidavit procedure for certain small bank accounts

• Summary administration

These procedures have different eligibility requirements.

And as of July 1, 2026, several of Florida's small-estate thresholds changed.

Understanding the difference is important before deciding which procedure to use.

For a broader overview of Florida probate, visit our Florida Probate Attorneys page or our Florida Probate FAQs.

Does Florida Have a Small Estate Affidavit?

Yes, but Florida does not use one universal “small estate affidavit” that works for every estate below a particular dollar amount.

Florida Statute § 735.304 specifically provides an affidavit procedure for certain intestate small estates.

That procedure is different from traditional summary administration.

It is also different from the older disposition-without-administration procedure under Florida Statute § 735.301.

The correct procedure depends on:

• Whether the decedent left a Will

• What property exists

• Whether the estate includes real property

• How much nonexempt personal property exists

• How long the decedent has been deceased

• Whether creditors exist

• Whether another probate proceeding is already pending

Florida's 2026 Small Estate Affidavit Rules

Florida Statute § 735.304 addresses Disposition Without Administration of Intestate Property in Small Estates.

Effective July 1, 2026, Florida increased the applicable nonexempt personal-property threshold from $10,000 to $20,000.

To potentially qualify under § 735.304, several requirements must be satisfied.

The Decedent Must Have Died Without a Will

Section 735.304 specifically applies when the decedent died intestate.

Intestate means the person died without a valid Will governing the estate.

If a Will exists, this particular affidavit procedure is generally not the correct statute to use.

Another procedure, such as disposition under § 735.301, summary administration, or formal administration, may be more appropriate depending on the facts.

The Estate Must Consist of Qualifying Personal Property

The statute applies to personal property consisting of:

• Property exempt under Florida Statute § 732.402

• Personal property exempt from creditor claims under the Florida Constitution

• Qualifying nonexempt personal property

Importantly, this is a personal-property procedure.

It is not a general procedure for transferring Florida real estate.

A home, condominium, vacant land, or other real property may require another probate or homestead procedure.

The Nonexempt Personal Property Is Limited

Under the 2026 statute, qualifying nonexempt personal property generally may not exceed:

$20,000

plus:

• Preferred funeral expenses, and

• Reasonable and necessary medical and hospital expenses from the last 60 days of the decedent's final illness

The $20,000 figure is not the same as Florida's $150,000 summary-administration threshold.

They are entirely different procedures.

The Decedent Must Have Been Dead More Than One Year

Section 735.304 requires the decedent to have been deceased for more than one year.

This is another major distinction from § 735.301.

No Estate Administration Can Already Be Pending

The affidavit procedure is unavailable if an administration of the decedent's estate is already pending in Florida.

Who Can File the Florida Small Estate Affidavit?

An heir at law entitled to receive a share of the intestate estate under Florida Statutes §§ 732.102 or 732.103 may request distribution by affidavit.

The affidavit generally must be signed and verified by:

• The surviving spouse, if any; and

• The heirs at law

However, Florida law does not require an heir to join in the affidavit when that heir will receive his or her full intestate share under the proposed distribution.

The identity of the heirs therefore needs to be determined correctly.

You should not assume that the person handling the paperwork is the only person entitled to the estate.

What About Creditors?

The 2026 statute expressly requires creditor investigation.

Before filing the affidavit, the person filing must conduct a diligent search and reasonable inquiry for known or reasonably ascertainable creditors.

The proposed distribution must either:

• Provide for payment of those creditors to the extent assets are available; or

• Obtain the creditors' consent to the proposed distribution

This is important because a small estate is not automatically a creditor-free estate.

Who Must Receive Notice?

Section 735.304 also contains formal-notice requirements.

The affidavit must generally be served by formal notice on:

• Heirs at law who did not join in the affidavit

• Known or reasonably ascertainable creditors

• The Florida Agency for Health Care Administration if the decedent was over age 55 at death

That last requirement can become particularly important when the decedent may have received Medicaid benefits.

What Happens After the Affidavit Is Filed?

If the court determines that the estate qualifies and the affidavit satisfies the statutory requirements, the court may issue a letter or other writing under seal authorizing the:

• Payment

• Transfer

• Delivery

• Assignment

• Distribution

of the qualifying personal property to the people entitled to receive it.

A bank, financial institution, or other person holding the property may then rely on the court authorization to transfer the property.

Can Creditors Still Pursue Property After Distribution?

Potentially.

The small-estate affidavit does not necessarily erase all creditor claims.

Florida law provides that nonexempt property distributed under § 735.304 can remain subject to lawful creditor claims until those claims are otherwise barred.

Recipients can potentially become personally liable for a pro rata share of lawful claims, limited generally to the value of nonexempt property they received.

That is one reason families should not treat the affidavit as merely a shortcut to withdrawing money before considering creditors.

Is This the Same as Disposition Without Administration Under § 735.301?

No.

Florida Statute § 735.301 provides another procedure called Disposition Without Administration.

It applies in very limited circumstances when the estate consists only of qualifying personal property and the nonexempt property does not exceed certain funeral and final-medical-expense amounts.

Unlike § 735.304, § 735.301 does not contain the same:

• $20,000 allowance

• One-year-after-death requirement

• Intestacy requirement

Under § 735.301, an interested person may apply informally by affidavit, letter, or otherwise.

If the court determines the requirements are satisfied, it can authorize transfer of the personal property without opening a traditional probate administration.

This procedure is often used where someone paid the decedent's funeral expenses and the estate contains only a relatively small bank account or similar personal property.

Is There a Separate Affidavit for Very Small Bank Accounts?

Yes.

Florida Statute § 735.303 provides another narrow affidavit procedure involving certain bank accounts.

As of July 1, 2026, the limit increased from $1,000 to $2,000.

A Florida financial institution may potentially release qualifying funds without a court proceeding when all statutory requirements are satisfied.

Among other requirements:

• The accounts must generally be held solely in the decedent's name

• There cannot be a payable-on-death or survivorship designation

• The qualifying funds cannot exceed the statutory limit

• At least six months must have passed since death

• No personal representative can have been appointed

• No probate or summary administration can have begun

• The person signing the affidavit cannot know of a Will or other document governing distribution

The statute establishes an order of qualifying family members, beginning with the surviving spouse.

This is a very narrow procedure and should not be confused with the $20,000 small-estate affidavit under § 735.304.

What Is Summary Administration?

Summary administration is another simplified Florida probate procedure, but it is very different from the small-estate affidavit.

Florida Statute § 735.201 now generally permits summary administration when:

The value of the estate subject to administration in Florida, less property exempt from creditor claims, does not exceed $150,000

OR

The decedent has been deceased for more than two years.

The $150,000 threshold became effective July 1, 2026 and replaced the former $75,000 amount.

For more information about that major change, see Florida's New Summary Administration Rules: What Changes on July 1, 2026?.

Small Estate Affidavit vs. Summary Administration

These procedures should not be confused.

Small Estate Affidavit Under § 735.304

Generally involves:

• No Will

• Personal property only

• Up to $20,000 in qualifying nonexempt personal property plus applicable funeral and final medical expenses

• Decedent deceased more than one year

• No administration already pending

Summary Administration Under § 735.201

May generally involve:

• A Will or no Will

• Personal property

• Real estate

• Estates up to $150,000 after applicable exempt-property deductions

• Estates of any qualifying value when the decedent has been deceased more than two years

Summary administration requires a petition and court order.

It is probate, even though it is usually more streamlined than formal administration.

Does the Two-Year Rule Mean Any Estate Can Use a Small Estate Affidavit?

No.

This is an important distinction.

The rule providing that an estate may qualify regardless of value after the decedent has been dead more than two years relates to summary administration under § 735.201.

It does not transform a large estate into a § 735.304 small-estate affidavit case.

The small-estate affidavit has its own requirements, including the $20,000 nonexempt personal-property limitation and the requirement that the decedent died intestate.

Can Florida Real Estate Be Transferred With a Small Estate Affidavit?

The § 735.304 procedure concerns personal property, not real estate.

If the deceased person owned:

• A home

• Condominium

• Vacant land

• Rental property

• Commercial real estate

another probate procedure may be required.

Florida homestead creates additional rules.

A qualifying homestead may pass to heirs outside the probate estate for certain creditor purposes, but families often still need a court order determining homestead or establishing title.

The presence of real estate should therefore be evaluated before choosing a probate procedure.

Does a Primary Residence Count Toward the $20,000 Limit?

No, because the § 735.304 procedure concerns personal property.

A Florida home is real property.

It should not be treated as though it is simply “exempt property” that can be transferred through this affidavit.

Homestead may be protected from many creditors and may not count toward the $150,000 summary-administration threshold in appropriate circumstances, but those are separate legal issues.

Examples

Example 1: Small Intestate Bank Account

Dad dies without a Will.

He has been deceased for more than one year.

His only property consists of:

• $8,000 in a bank account

• Household furnishings

• No real estate

• No other significant probate property

Assuming the other statutory requirements are satisfied, the family may want to evaluate whether § 735.304 is available.

Example 2: Estate Worth $100,000 With a Will

Mom dies with:

• A valid Will

• $100,000 in probate bank and investment accounts

The § 735.304 small-estate affidavit would not apply because Mom died testate.

However, the estate may potentially qualify for summary administration because it falls below Florida's current $150,000 threshold, subject to the other requirements.

Example 3: $350,000 Estate After Three Years

Dad dies with a Will and $350,000 of probate property.

Three years later, no probate has been opened.

The estate exceeds $150,000.

But because Dad has been deceased more than two years, the family may potentially evaluate summary administration under § 735.201.

That does not make it a $20,000 small-estate affidavit case.

Example 4: Small Estate With a House

Mom dies without a Will owning:

• $5,000 in a bank account

• Her Florida home

The presence of real property means the family should not assume the entire estate can be resolved through a small-estate affidavit.

The homestead and title issues should be separately evaluated.

What Documents May Be Needed?

The exact requirements vary depending on the procedure and county.

Documents may include:

• Certified death certificate

• Affidavit

• Information identifying heirs

• Bank or asset statements

• Funeral bills

• Medical and hospital bills from the final illness

• Information concerning creditors

• Proof of payment of qualifying expenses

• Proposed distribution information

• Documentation concerning Medicaid or AHCA notice where applicable

The clerk or court may have additional procedural requirements.

Do You Need an Attorney for a Florida Small Estate?

Not every simplified probate procedure necessarily requires attorney representation.

However, families should consider legal advice when there is uncertainty concerning:

• Whether a Will exists

• Who the heirs are

• Creditors

• Medicaid claims

• Homestead

• Real estate

• Disagreements among family members

• Which Chapter 735 procedure applies

• Whether summary administration would be more appropriate

• Whether the estate should instead use formal administration

Using the wrong procedure can cost more time than selecting the correct process from the beginning.

Florida Small Estate Procedures at a Glance

Florida now has several different simplified options:

§ 735.301 – Disposition Without Administration

Very limited personal-property procedure tied largely to exempt property, funeral expenses, and final medical expenses.

§ 735.303 – Small Bank Account Affidavit

Potentially allows qualifying family members to receive up to $2,000 from certain bank accounts after six months without a court proceeding.

§ 735.304 – Intestate Small Estate Affidavit

Applies to qualifying intestate estates with up to $20,000 in nonexempt personal property plus specified expenses, after the decedent has been dead more than one year.

§ 735.201 – Summary Administration

Available in qualifying estates when the applicable probate estate does not exceed $150,000 or the decedent has been deceased more than two years.

Formal Administration

Florida's traditional probate procedure involving appointment of a personal representative.

The correct procedure depends on the estate—not simply its total dollar value.

Frequently Asked Questions

What is the Florida small estate limit in 2026?

There is no single number that applies to every simplified Florida probate procedure.

Under § 735.304, the qualifying nonexempt personal-property amount is generally$20,000 plus specified funeral and final medical expenses.

For summary administration, the applicable estate-value threshold is generally $150,000, excluding qualifying exempt property, or the decedent must have been deceased more than two years.

Can I use a small estate affidavit if there is a Will?

The § 735.304 procedure applies specifically to a person who died intestate, meaning without a valid Will.

Other procedures may be available when a Will exists.

Can I use the affidavit immediately after death?

Not under § 735.304.

That statute requires the decedent to have been deceased for more than one year.

Other Chapter 735 procedures may have different requirements.

Can I use it for a Florida house?

Section 735.304 addresses personal property, not real estate.

What if the estate is worth $50,000?

The estate exceeds the $20,000 amount applicable under § 735.304, but it may potentially qualify for summary administration under Florida's current $150,000 threshold.

What if the decedent died more than two years ago?

That can make summary administration available regardless of estate value, assuming the other requirements are satisfied.

It does not eliminate the separate requirements for a § 735.304 affidavit.

Are creditors ignored in a small estate?

No.

Florida's small-estate procedures contain creditor requirements and potential liability for recipients.

What changed in 2026?

Effective July 1, 2026, Florida:

• Increased the summary-administration threshold from $75,000 to $150,000

• Increased the § 735.304 nonexempt personal-property amount from $10,000 to $20,000

• Increased the § 735.303 qualifying-bank-account amount from $1,000 to $2,000

• Increased the qualifying income-tax-refund amount under § 735.302 from $2,500 to $5,000

These changes make simplified procedures available in more estates.

Determine Which Florida Probate Procedure Actually Fits

When an estate is small, the goal should not automatically be to file the shortest-looking form.

The better question is:

Which Florida procedure legally fits the assets, family circumstances, creditors, and time since death?

The answer may be:

• Disposition without administration

• Small-estate affidavit

• Summary administration

• Formal administration

• No probate at all for particular nonprobate assets

At Gold Legacy Law, PLLC, we assist Florida families with formal probate, summary administration, small estates, homestead, creditor issues, and related probate matters.

For more information, review our Florida Probate FAQs and our guide to Florida's 2026 Summary Administration Changes.

To discuss which probate procedure may apply to an estate, contact Gold Legacy Law or call (305) 556-5209.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Gold Legacy Law, PLLC. Probate eligibility and creditor issues are fact-specific. Consult a qualified Florida attorney concerning your particular circumstances.