The short answer is that you can’t find them. They don’t exist in Florida.
Many banks and financial institutions suggest that a “small estate affidavit” will satisfy bank policy and allow them to release funds. Unfortunately, small estate affidavits are mythical – we don’t have such an instrument that works for estates in Florida.
Alternatives to a Small Estate Affidavit
You have three options:
- Disposition of Personal Property without Administration
- Summary Administration
- Formal Administration
Item #1 is rarely used and is not an actual type of probate.
Items #2 and #3 are actual forms of probate under Florida law.
Florida probate courts do not issue “small estate affidavits”
Isn’t a “Disposition without Administration” the equivalent of a Small Estate Affidavit?
There is some information on the Internet that suggests that a “Disposition of Personal Property without Administration” (also known as “Disposition without Administration”) is Florida’s equivalent of a small estate affidavit. As referencd above, this is patently incorrect.
A disposition is used only for reimbursement of certain expenses (funeral, medical) but the procedure does not actually open a probate proceeding and is not the equivalent of a “small estate affidavit”.
Care to learn more about your options? Contact us for a free phone consultation.
