Florida Small Estate Affidavit | Affidavit of Heirship

Unlike most other states, Florida offers a very simplified affidavit system – rather than requiring separate affidavits for heirship (“real” or personal property) and small estate affidavits (for low-value real estate), the affidavit procedure has been compiled together for any small estate. All property is exempt from creditors’ claims except the expenses needed to cover the funeral, and the expenses involved in the person’s illness from the last two months.

Affidavit of Heirship: In Florida, affidavits of heirship and small estate are the same document. Successors must petition within 2 years of the decedent’s passing to claim any property, from bank accounts to land, as long as the total values $75,000 or less.

Small Estate Affidavit: Both affidavits of heirship and small estate affidavits work as the same document in Florida. If an estate is uncomplicated and values less than $75,000, the successors may petition for an affidavit to avoid the time and expense of probate court.



Adobe PDF | Microsoft Word (.doc)

If real property in Florida values over $75,000, then the estate must go to probate court. However, if the real estate and personal property value $75,000 or less, then successors may file for an affidavit of heirship within 2 years of the decedent’s death. This allows the family or other…

Adobe PDF | Microsoft Word (.doc)

Both affidavits of heirship and small estate affidavits are administered under chapter 733.203 and following, as the same document. If an estate is uncomplicated and values less than $75,000, the successors may petition for an affidavit to avoid probate court. They must do so within 2 years of the decedent’s…