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A small estate affidavit in Florida is a step in a summary administration, which allows for the distribution of a deceased person's assets without the need for probate court. This process is typically used when the deceased person's estate is valued at less than $75,000 and they did not have a will.

Most importantly, in the Probate courts of most Florida counties, an intestate estate cannot proceed until an Affidavit of Heirs has been completed and filed.

Assets Won't Be Transferred To The Beneficiaries If this doesn't happen, the assets will stay tilted to the decedent. This opens up another can of worms and renders the beneficiaries unable to sell these assets, leaving the doors open for significant tax issues.

The process begins with the filing of an Affidavit of Small Estate by a person who is entitled to inherit the deceased person's assets. This person, known as the ?affiant,? must swear under oath that they are the rightful heir of the deceased person's estate and that the estate is valued at less than $75,000.

Qualification for summary administration Summary administration is the other type of procedure in Florida for small estates and is available if: The estate contains less than $75,000 of nonexempt assets, or. More than two years have passed since the date of death.

In Florida, there is no small estate affidavit but Summary Administration can be used instead. Speed and cost savings are the attractions of Summary Administration. Rather than taking months or years as probate can, summary administration can accomplish a transfer of assets almost immediately after someone's death.