Small Estate Affidavit Form - Florida

Small Estate Affidavit Form - Florida

What Is a Small Estate Affidavit in Florida?

A Florida Small Estate Affidavit is a legally binding document used to settle a small estate in the absence of a will. This is a quick and affordable way to convey property to heirs entitled to the assets of the deceased person as long as their cost does not exceed the amount prescribed by the law, the assets increase the debts, and all the heirs can be easily found and notified of the upcoming settlement.

You may download a Florida Small Estate Affidavit template through the link below.

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How to File a Small Estate Affidavit in Florida?

Follow these steps to prepare and submit a Florida Small Estate Affidavit Form:

  1. There are no regulations regarding the period of time you have to wait after the death . However, the maximum amount of the estate is $75.000 - if the total price of assets exceeds this amount, you cannot qualify for either of the small estate procedures.
  2. Ensure the document contains all the essential elements - the personal details of the deceased individual and their date and place of death, your own personal information and verification of the heir status, the brief description of the assets and the breakdown of the liabilities and debts left by the estate owner, the names of other heirs, their relation to the individual that died, and the indication of the assets they are entitled to.
  3. Choose between two ways to handle the estate of the individual that passed away - summary administration and disposition without administration. The former is available for all small estates as long as more than two years have passed since the death of the estate owner while the latter is used when the estate is worth $6.000 or less.
  4. While there is no legal obligation to obtain a notary seal for the document, it is still advised to book an appointment with a notary public who will verify your identity by putting a notary seal under your signature.
  5. Gather necessary documentation - a copy of the death certificate and the bills the deceased person was unable to pay before their passing.
  6. Visit the office of the county clerk - you must select the county the estate owner resided last before their death - to file the affidavit. Once the documentation is reviewed, the county court will make a decision regarding the distribution of assets.

Download Small Estate Affidavit Form - Florida

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