Florida Affidavit That All the Estate Assets Have Been Distributed to Devisees by Executor or Estate Representative with Statement Concerning Debts and Taxes
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How to fill out Affidavit That All The Estate Assets Have Been Distributed To Devisees By Executor Or Estate Representative With Statement Concerning Debts And Taxes?
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FAQ
Unfortunately, Florida does not have a small estate affidavit process, with one exception, which means the family will more than likely need to consult a probate attorney to help gain control of the assets.
Where to File Form DR-312 Form DR-312 must be recorded directly with the clerk of the circuit court in the county or counties where the decedent owned property. Do not send this form to the Florida Department of Revenue.
In Florida, there is no small estate affidavit but Summary Administration can be used instead.
A Summary Administration can be used when the decedent has been deceased for more than two years or when the estate is less than $75,000. A Summary Administration is typically many thousands of dollar less than a Formal Administration, and a Summary Administration usually only takes one to two months.
Do you need a lawyer for a Florida summary administration? Florida law does not require the person who requests a summary administration of a Florida estate to have a lawyer. The interested person can go down to the courthouse and file the request for the summary administration without any attorney.
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.
To file a small estate affidavit, you must first wait for 45 days after the decedent's death. You're welcome to fill out the paperwork and try to get it started before that but you'll find that no probate court clerk will accept a small estate affidavit until after 45 days have passed so it's better to just wait.
Formal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago. Formal administration is also required any time that a personal representative is needed to settle the affairs of the decedent.
