Florida probate: small estates, no will, and avoiding court

Updated 2026-10-16 · Expert review in progress

The short answer

Florida has no general small estate affidavit. Its shortcut is summary administration, a quicker court process for estates of $150,000 or less (raised from $75,000 on July 1, 2026), or when the person died more than 2 years ago. Two narrower procedures need no administration at all. Larger estates go through formal administration.

When someone dies in Florida, the family usually wants to know two things: who inherits, and how much court is involved. Florida's answers have their own names, and they changed in 2026.

Many people search for a "small estate affidavit." Florida doesn't use that term for its main shortcut. This page explains what Florida has instead, what happens without a will, and who can settle the estate. It is part of our state-by-state estate planning guides. If the word is new, here is what probate is.

What happens if you die without a will in Florida?

Florida's intestacy law decides who inherits (Fla. Stat. s. 732.102 and s. 732.103).

A surviving spouse gets everything if there are no descendants, or if all the descendants are shared and the spouse has none from another relationship. Otherwise the spouse gets half. Whatever doesn't go to a spouse passes in this order:

Children and other descendants.
Parents, equally, or the surviving parent.
Brothers and sisters, and the children of a sibling who has died.
Half to the father's side and half to the mother's side: grandparents, then aunts and uncles and their descendants.
The relatives of your last spouse who died before you.

The family home can follow different rules. If there is a spouse and descendants, the spouse gets a life estate in the homestead and the descendants get the rest. The spouse can instead elect, within 6 months, to take a one-half interest (Fla. Stat. s. 732.401).

That list may not match the people you'd choose. Our post on dying without a will explains why a will matters even for a simple estate.

Who settles the estate in Florida?

Florida calls the person in charge the personal representative. That covers what other states call an executor (named in a will) or an administrator (appointed when there's no will).

With a will, the person named in it comes first (Fla. Stat. s. 733.301). Without one, the surviving spouse comes first, then the person chosen by a majority of the heirs, then the nearest heir.

The out-of-state rule

This rule surprises many families. A Florida resident can serve. Someone who lives outside Florida can serve only if they are a close relative, such as a child, grandchild, parent, spouse, brother, sister, aunt, uncle, niece or nephew, or the spouse of one of them (Fla. Stat. s. 733.304).

A friend who lives in another state can't serve. If your chosen executor is a friend in Georgia or a cousin's husband in Ohio, it is worth checking before you sign. Our post on who should be your executor helps with the choice.

Every personal representative must post a bond unless the will or the court waives it. Banks and trust companies are exempt (Fla. Stat. s. 733.402).

Is there a small estate affidavit in Florida?

Not in the way some states have one. Florida has three shortcuts, with different names and limits.

Procedure	When it fits	Court involved?
Summary administration	Florida estate (minus exempt property) of $150,000 or less, or death more than 2 years ago, and the will doesn't require formal administration	Yes, but shorter
Disposition without administration	Only non-exempt personal property, worth no more than funeral costs plus last-60-days medical bills	No administration
Distribution by affidavit (s. 735.304)	No will, only personal property, non-exempt property up to $20,000 plus funeral and last-illness costs, death more than 1 year ago	No administration
Formal administration	Everything else	Yes

Summary administration: the new $150,000 limit

Summary administration is a short court proceeding (Fla. Stat. s. 735.201). The limit rose from $75,000 to $150,000 on July 1, 2026, under chapter 2026-57 (CS/HB 1337). Many older websites still say $75,000.

The person asking the court must search for creditors and provide for paying them before the order (Fla. Stat. s. 735.206). If a notice to creditors is published, unknown creditors are cut off after 3 months (Fla. Stat. s. 735.2063).

The two no-administration options

Disposition without administration fits when the only property is small enough to be used up by funeral and final medical bills (Fla. Stat. s. 735.301).

The second option is the closest thing Florida has to a small estate affidavit. When there is no will and only personal property, an heir may ask for distribution by affidavit. The non-exempt property must be $20,000 or less (raised from $10,000 in 2026), plus funeral and last-illness costs. The person must have died more than a year ago, with no administration pending (Fla. Stat. s. 735.304).

How long do creditors have?

In formal administration, the personal representative publishes a notice to creditors once a week for 2 weeks and serves known creditors. Debts are cut off unless filed by the later of 3 months after first publication or 30 days after a creditor was served (Fla. Stat. s. 733.702). Regardless, almost all debts are cut off 2 years after death (Fla. Stat. s. 733.710).

If the person who died was 55 or older, the notice must also go to the Agency for Health Care Administration, which runs Florida Medicaid, within 3 months of first publication (Fla. Stat. s. 733.2121).

What does the personal representative get paid?

Florida sets a fee schedule, presumed reasonable in formal administration (Fla. Stat. s. 733.617). It is based on the inventory value of the probate assets plus income earned during administration:

3% of the first $1 million.
2.5% from $1 million to $5 million.
2% from $5 million to $10 million.
1.5% above $10 million.

Extra pay is allowed for extraordinary work, such as selling property or litigation. A will can set different pay, and the court can raise or lower it. Our post on how much an executor gets paid compares approaches.

Can a home skip probate in Florida?

Florida has no transfer-on-death deed law for real estate. Neither the chapter on conveyances of land (chapter 689) nor the probate code's part on arrangements at death (chapter 732, Part VII) has one. Florida's transfer-on-death law covers securities registration only.

Many Floridians use an "enhanced life estate" deed, often called a Lady Bird deed. It isn't created by a statute. It comes from court decisions and title practice. Homestead restrictions can still apply when there is a spouse or minor child (Fla. Stat. s. 732.4015), so it is a deed to have prepared carefully.

A revocable living trust is another common route. A trustee manages what the trust holds and passes it on without probate. Our post on how to avoid probate covers the main options.

A Kinly membership includes a will and revocable trust drafted for Florida law. Trella Trust Company, a Washington State chartered trust company, can be named as trustee, first or as backup to a person you choose. You can read how it works.

Does Florida have an estate or inheritance tax?

No. The Florida Department of Revenue says Florida's estate tax ended for deaths after December 31, 2004 (Florida Department of Revenue). The Florida Constitution also bars an inheritance tax beyond the old federal credit.

The other Florida guides cover Florida powers of attorney and Florida's health care surrogate.

Common questions

Does Florida have a small estate affidavit?

Not by that name. Florida's main shortcut is summary administration, a short court process for estates of $150,000 or less. A narrower affidavit procedure exists for estates with no will, only personal property up to $20,000 plus final expenses, and a death more than a year ago.

What is the summary administration limit in Florida in 2026?

$150,000, effective July 1, 2026. It was $75,000 before, and many websites haven't updated. Summary administration is also available when the person died more than 2 years ago.

Can an out-of-state friend be my executor in Florida?

No. Someone who lives outside Florida can serve as personal representative only if they are a close relative listed in the statute, or the spouse of one. A Florida resident friend can serve.

Does Florida have a transfer-on-death deed?

No. Florida has no statute for transfer-on-death deeds for real estate. Many people use an enhanced life estate (Lady Bird) deed, which rests on case law and title practice rather than a statute.

Is there an inheritance tax in Florida?

No. Florida has no estate tax and no inheritance tax, and its constitution limits any such tax to the federal credit, which no longer exists.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

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