How Do I Claim a Small Estate in Florida?
Florida's small-estate shortcut is a court proceeding — collection is authorized by the court's own act, not by an affidavit presented to the holder of the property.
The Florida small-estate procedure
Florida's small-estate shortcuts are court procedures, not a successor's affidavit. Disposition Without Administration (§ 735.301): available when the estate holds only exempt personal property (§ 732.402 and constitutional exemptions) plus nonexempt personal property not exceeding preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness; on informal application by any interested party, the court authorizes the payment, transfer, or disposition by letter or other writing under the seal of the court, and any person paying or transferring under that authorization is forever discharged from liability (§ 735.301(3)). Summary Administration (§§ 735.201-735.2063): a signed and verified petition by beneficiaries/nominated personal representative, ending in a court order; available when the estate subject to administration (less exempt property) is within the § 735.201(2) limit or the decedent has been dead more than 2 years.
Frequently asked questions
Florida's small-estate shortcut is a court proceeding — collection is authorized by the court's own act, not by an affidavit presented to the holder of the property.
An estate of $0 or less, per Fla. Stat. §§ 735.301, 735.201-735.2063, 735.303.
Florida's small-estate shortcuts are court procedures, not a successor's affidavit. Disposition Without Administration (§ 735.301): available when the estate holds only exempt personal property (§ 732.402 and constitutional exemptions) plus nonexempt personal property not exceeding preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness; on informal application by any interested party, the court authorizes the payment, transfer, or disposition by letter or other writing under the seal of the court, and any person paying or transferring under that authorization is forever discharged from liability (§ 735.301(3)). Summary Administration (§§ 735.201-735.2063): a signed and verified petition by beneficiaries/nominated personal representative, ending in a court order; available when the estate subject to administration (less exempt property) is within the § 735.201(2) limit or the decedent has been dead more than 2 years.
Disposition Without Administration reaches personal property only (§ 735.301(2): "the personal property, tangible or intangible, belonging to the decedent"). Estates with real property use summary administration (ch. 735, Part I) or formal administration (ch. 733).
