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Small Estate Limits for Florida

In Florida, there's no Affidavit procedure available for small estates. There is a summary probate procedure available for estates that have no real estate and in which all property is exempt from creditor's claims, except the amounts needed to pay funeral and the last two months of illness expenses.

Fla. Stat. Ann 735.201

There's another summary probate procedure available for estates that don't exceed $75,000 or in which the decedent has been dead for mor than two years. (This excludes the value of all joint tenancy property and other assets that pass by beneficiary designation, such as life insurance and transfer on death accounts.)

Fla. Stat. Ann 735.201 and following.

What's Included in valuing the estate?

Not everything a person owns is part of their "Estate" for probate purposes.

If you're wrapping up the estate of a Florida resident who died with an estate that's worth less than a certain dollar amount, you won't have to go through a formal probate court proceeding. 

It doesn't matter whether or not the deceased person left a will; what matters is the value of the assets left behind. If the estate's value is under the "small estates" limit in Florida, you can take advantage of a simplified probate procedure, often called a "summary probate." Instead of having a court hearing in front of a judge, you may need only to file a simple form or two and wait for a certain amount of time before distributing the assets.

In some states, it can be even easier: Inheritors can use a simple affidavit to claim assets. (An affidavit is a statement you sign in front of a notary, swearing something is true.) If you live in one of those states, you just have to wait a required period of time, then sign a simple, sworn statement that no probate proceeding is happening in your state and that you are the person entitled to inherit a particular asset--a bank account, for example. 

Adding it up, what's in, what's not

When you are trying to determine whether or not an estate's value is below the Florida small estates limit, the first thing to do is make a list of the assets. A simple spreadsheet or list will do.

Not everything a person owns counts, though.

Include only the things that pass to heirs and beneficiaries by will or, if there's no will, by Florida intestacy laws, which determine who inherits if there is no will.

Don't count:

  • assets that are held in joint tenancy,
  • retirement plans,
  • payable-on-death (POD) bank accounts,
  • real estate transferred by a transfer-on-death deed, or
  • transfer-on-death brokerage accounts.

These assets don't count towards the small estate limit because they pass to the named beneficiaries regardless of what a will (or state intestacy law) says. If a person had a life insurance policy with a named beneficiary, the insurance proceeds won't count either.

Loans on the property?

Some states also don't count the amount of money owed on a car, or a house, while others count the fair market value of an asset, even it is subject to a loan or a mortgage.

For example, say Donald died in Florida and owned the following assets:

  • A checking account with $2,345
  • A savings account with $2,567
  • A car with a blue book value of $6,500 (and no loan)
  • An IRA with $32,000, naming his son and daughter as beneficiaries
  • A life insurance policy worth $15,000, naming his son and daughter as beneficiaries

To figure out whether Donald is above or below Florida's small estate limit, only the bank accounts and car would be counted, for a total of $11,412.

His IRA and the life insurance proceeds aren't counted towards the limit because they will go to his beneficiaries directly. The value of the car is included because he doesn't owe money on it.

That means the value of Donald's estate is under the Florida small estates limit. His son and daughter, who inherit his assets under Florida's intestacy laws because Donald had no will, would follow the small estates procedure.

Florida Options for Smaller Estates

Florida does offer options for faster probate procedures. They are namely "Disposition without Administration" and "Summary Administration".

The Florida Court System describes your options here. And the Florida Bar offers this about Florida probate.

Here's a short overview.

  1. Disposition without Administration

    Also known as "Small Estate" procedure, this is generally available in cases where the person who died left only personal property exempt from the claims of creditors and the value of the non-exempt property doesn't exceed the sum of funeral expenses and reasonable medical bills of the last 60 days of illness. Here's how it works:

    1. File a form called "Disposition of Personal Property Without Administration" with the clerk of the probate court in the county where the decedent died. This form can usually be found on the court's website.
    2. Along with the form, provide the court with the paid funeral bill and the bills for the last 60 days of illness.
    3. If approved, the court will issue an order releasing the decedent's assets to the individuals entitled to them.

    This option avoids the need for appointing a personal representative and the lengthy process of a full probate administration. The relevant statute is Florida Statutes Section 735.301.

  2. Summary Administration

    Summary administration is a shortened probate process in Florida. It can be used when the value of the entire estate subject to administration in Florida, less the value of property exempt from the claims of creditors, does not exceed $75,000, or that the decedent has been dead for more than 2 years. Here's a step-by-step guide:

    1. Someone who is interested in the estate files a Petition for Summary Administration, typically with the help of a lawyer.
    2. The petition must be signed by the surviving spouse, if any, and any beneficiaries.
    3. If the court is satisfied that the estate qualifies for summary administration, it issues an order, releasing the property to the individuals entitled to it.

    Summary administration is faster and less expensive than formal administration, mainly because it bypasses the appointment of a personal representative and does not always require a lawyer. This process is governed by Florida Statutes Section 735.201.


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