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Small Estate Affidavit Limits in Florida

Florida has no small estate affidavit for general use; instead, summary administration through the court is available if the estate subject to administration, less exempt property, is $150,000 or less (or the person died more than 2 years ago), and it can include real property.

Last checked . General information, not legal advice.

Florida at a glance

Maximum estate value
$150,000 (summary administration)
Value of the estate subject to administration in Florida, less exempt property; no limit if the decedent has been dead more than 2 years.
Waiting period after death
None in statute
Summary administration is a court petition; the statute sets no waiting period after death.
Real estate can pass
Yes, by court order
The court order assigns parts of the estate, and estate property includes real property.

Sources

Last checked

The rules in Florida

What is the maximum estate value for a small estate affidavit in Florida?

Maximum estate value in Florida: $150,000 (summary administration). Value of the estate subject to administration in Florida, less exempt property; no limit if the decedent has been dead more than 2 years.

How long after the death must you wait to use a small estate affidavit in Florida?

Waiting period after death in Florida: None in statute. Summary administration is a court petition; the statute sets no waiting period after death.

Can real estate pass by small estate affidavit in Florida?

Yes, by court order. Real estate can pass in Florida: yes, by court order. The court order assigns parts of the estate, and estate property includes real property.

Where do the Florida small estate affidavit limits come from?

The rules above come from Fla. Stat. 735.201, Fla. Stat. 735.206 and Fla. Stat. 731.201. Each source is linked on this page. We last checked them in October 2026.

Good to know

The limit was raised to $150,000 by chapter 2026-57, Laws of Florida, effective July 1, 2026.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.