Florida Small-Estate Procedures: Complete Guide
Florida does not use a simple affidavit-only transfer like California. Instead, small estates may qualify for Summary Administration or, in narrower cases, Disposition Without Administration.
Based on Florida Statutes Chapter 735
What Are Florida Small-Estate Procedures?
Florida does not have a California-style small estate affidavit. Instead, smaller estates may use Summary Administration, and some very narrow personal-property cases may qualify for Disposition Without Administration.
Do you qualify?
- Qualifying threshold
- $75,000 for Summary Administration; narrower Disposition Without Administration rules for certain personal-property estatesDisposition Without Administration is usually limited to exempt-property/final-expense cases or, for certain intestate estates, up to $10,000 of nonexempt personal property after the decedent has been dead for more than 1 year.
- Waiting period
- No fixed wait for the general final-expense route; more than 1 year after death for the intestate $10,000 route
- Court filing fee
- $232 (Disposition) or $236-$346 (Summary)
- Attorney
- Recommended for most filingsUsually for Summary Administration. Florida Probate Rule 5.030 requires a member of The Florida Bar to represent the personal representative in formal and summary administration unless that person is the sole interested person (or is themselves a Florida attorney). Disposition Without Administration can often be requested without counsel.
- Real estate
- Allowed in limited circumstancesReal estate can pass through Summary Administration, but Disposition Without Administration only applies to personal property.
Main Requirements
Summary Administration
Available when the probate estate (excluding exempt property) is $75,000 or less, or when the decedent has been dead for more than 2 years.
Disposition Without Administration
Usually limited to exempt property plus preferred funeral and last-60-days medical expenses, or certain intestate personal-property estates with up to $10,000 of nonexempt personal property after the decedent has been dead more than 1 year.
Personal Property Only for Disposition
Disposition Without Administration does not transfer real estate. If the estate includes real property, look at Summary Administration or Formal Administration instead.
Court Filing Required
Unlike California’s affidavit-only procedure, Florida simplified probate still requires filing with the court.
Creditor Handling Still Matters
Known or reasonably ascertainable creditors still need to be handled, especially for the intestate small-estate affidavit path under F.S. 735.304.
Available Small-Estate Options
Disposition Without Administration
- Limit
- Exempt/final-expense cases, or certain intestate personal-property estates up to $10,000 after 1 year
- Real Estate
- Not included
- Timeline
- A few weeks to 2 months
- Typical Fee
- $232
Summary Administration
- Limit
- Under $75,000, or more than 2 years after death
- Real Estate
- Can be included
- Timeline
- A few months
- Typical Fee
- $236-$346
Step-by-Step Process
Identify the Correct Florida Procedure
Decide whether the estate fits Summary Administration or one of the narrower Disposition Without Administration paths. Florida simplified probate is still filed with the court.
Calculate the Probate Estate and Review the Asset Mix
Separate exempt property, nonexempt personal property, and any real estate. Summary Administration uses the $75,000 threshold (excluding exempt property), while Disposition Without Administration only works for personal-property cases.
Gather Required Documents
Collect the certified death certificate, the original will if one exists, an asset list, values, and information about known creditors and final expenses.
Prepare the Court Filing
Use the county court forms for Summary Administration or Disposition Without Administration. The newer intestate small-estate affidavit path also requires service on heirs and known or reasonably ascertainable creditors.
File with the County Court
File the signed petition or affidavit package with the clerk in the proper Florida county and pay the filing fee.
Use the Court Authorization to Transfer Assets
Once the court signs the order or authorization letter, use it to collect personal property, transfer title where allowed, and finish distributions.
FAQ: Florida Small-Estate Procedures
Does Florida have a small estate affidavit?
What is the difference between Disposition Without Administration and Summary Administration?
Can I use Florida small-estate procedures if the deceased owned real estate?
How long do Florida small-estate procedures take?
Do I need an attorney for Florida small-estate procedures?
Official Forms, Sources, and VerificationOfficial references used for this page
- Florida Statutes Chapter 735 (Probate Code: Small Estates)The Florida Legislature (Online Sunshine). Current official statute text, accessed June 2026.
- Florida Statutes Chapter 733 (Probate Code: Administration of Estates)The Florida Legislature (Online Sunshine). Current official statute text, accessed June 2026.
Information current as of May 31, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Florida can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.