The “Small Estate” Affidavit in Florida: Do You Qualify for Simplified Probate in 2026?

While Florida doesn’t have a “small estate” affidavit like some other states, it still has procedures for streamlining the probate process for modest estates. This involves pursuing summary administration in most cases. However, in some cases, pursuing disposition without administration is an option as well.

When you lose a loved one in Florida, administering his or her estate generally involves going through the probate process. This is true whether your loved one passes away with or without a will. While probate can be a time-consuming process in some cases, for families that are dealing with smaller estates, there are simplified procedures available.

In some states, pursuing simplified probate starts with filing a “small estate” affidavit. However, this is not part of the process in Florida. Instead, depending on the circumstances at hand, probating a small estate in Florida generally involves pursuing either: (i) summary administration; or, (ii) disposition without administration.

Summary administration is a simplified probate process that is available when the deceased’s probate estate has a total value of $75,000 or less, not including exempt property. A bill that is currently making its way through the Florida Legislature could increase this threshold to $150,000 later this year.

Along with meeting this definition of a “small estate,” the following requirements also apply:

• All of the deceased’s heirs must consent to the filing of a petition for summary administration;
• All of the deceased’s assets must be known; and,
• All of the deceased’s debts must be paid to the extent possible.

Compared to formal administration (which is required for estates worth $75,000 or more and when any of these three requirements are unmet), summary administration is a cheaper and faster way to navigate the probate process. While formal administration typically takes somewhere in the range of 6 to 12 months, summary administration usually takes around 30 to 60 days.

Disposition without administration is an even more simplified probate process that is available when all that needs to be done from a financial perspective is to transfer the deceased’s remaining funds and personal property to a spouse, child, or someone else who paid for the deceased’s funeral. As the Collier County Clerk explains:

“If you are a surviving spouse, or if no spouse, the surviving child of the decedent; or you paid the funeral expenses for the decedent, you may be eligible for this process. After all the required documents have been filed, the court will review what you have provided and generate an order. The order is very specific, it states the asset is to be devised to the petitioner. The petitioner obtains a certified copy of the court order and provides it to the asset holder.”

For example, if the only asset that is subject to probate is a bank account worth $5,000, an eligible individual could file for disposition without administration and obtain an order directing the deceased’s bank to release the funds in the account. However, as the Collier County Clerk also explains, it may make sense to contact the bank first, as “[d]epending on the asset and your relationship to the decedent, you may only need a death certificate and certified copy of the will.”

While summary administration and disposition without administration are both simplified probate procedures, it can still be helpful to work with an attorney during both of these processes. An experienced attorney will be able to help ensure that you do not overlook any assets or debts that need to be addressed, and your attorney will be able to take care of all of the necessary court filings and other documentation as well.

As noted above, the $75,000 threshold for pursuing summary administration in Florida excludes the deceased’s “exempt property.” So, what property is exempt?

Florida law exempts certain assets from creditors’ claims during the probate process. Since these assets do not have to be used to pay off any debts that remain outstanding at the time of the deceased’s passing, the law states that these assets can pass directly to either the deceased’s spouse or surviving children (if there is no surviving spouse). Some examples of exempt property include:

• Household furniture, furnishings, and appliances worth up to $20,000 located in the deceased’s primary residence;
• Up to two motor vehicles owned in the deceased’s name;
• Florida Prepaid College Trust Fund advance payment contracts and Florida Prepaid College Trust Fund participation agreements; and,
• Teacher and school administrator death benefits payable under Section 112.1915 of the Florida Statutes.

Florida’s constitutional homestead exemption applies here as well. This exemption prevents creditors from forcing the sale of the deceased’s primary residence in most cases. To secure this exemption, a Petition to Determine Homestead must be filed with the probate court as part of the summary administration process.

When going through the probate process, you are not required to hire an attorney. You are free to navigate the process on your own if you choose to do so.

But, when you need to go through probate following the death of a loved one, there are several important ways an experienced attorney can help. Along with helping ensure that you don’t overlook any assets or debts and taking care of all necessary filings, an experienced attorney will also be able to help you:

• Deal with any unexpected issues that may arise;
• Interpret your loved one’s will and other estate planning documents; and,
• Administer your loved one’s non-probate estate (if any).

Ultimately, working closely with an experienced attorney can give you confidence that you are doing everything necessary to finalize the process and move forward. If you’d like to know more, we invite you to contact us for an initial consultation.

To schedule an initial consultation with a Naples probate attorney at Willis & Davidow, contact us today. Call us at 239-465-0531, or tell us how we can reach you online and a member of our team will be in touch promptly.