Small Estate Affidavits: Where to find them?

In Florida Probate Process by Long

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:

  1. Disposition of Personal Property without Administration
  2. Summary Administration
  3. 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.