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Free guideFlorida Small Estates and Probate
A free, plain-English overview of Florida’s simplified probate procedures and what an affidavit of heirs can and cannot do.
What’s in the guide
Many assets pass at death without probate, such as property owned jointly with survivorship rights, accounts with a named beneficiary, and trust property. For what remains in the decedent’s name alone, Florida offers simplified procedures, including disposition of personal property without administration and summary administration, which is available when the estate subject to probate is $75,000 or less or the decedent has been dead for more than two years.
This guide explains which assets need probate, Florida’s rule on when a lawyer is required, how summary administration works, how an affidavit of heirs is used, and the documents and costs involved. It links to the Florida Probate Code and the Florida Probate Rules so you can read the sources yourself.
What the 8-page guide covers
- First Question: Does Anything Actually Need Probate?
- The Attorney Rule — What a Self-Represented Family Can and Cannot File
- Disposition of Personal Property Without Administration
- Summary Administration
- Formal Administration — When It Is Required
- The “Affidavit of Heirship” (Affidavit of Heirs) in Florida
- Documents the Family Will Need
- Costs, Timing, and Taxes
- Situations That Call for Professional Help
- Do Your Own Research — Primary Sources
- Required Disclosures
Ready to start? Call or text 772-321-2290.
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Ready to start your paperwork?
Fill out the Small Estate (Summary Administration) intake form or Affidavit of Heirs intake form, or call or text 772-321-2290. Your document is prepared from the information you provide in writing. See small probate paperwork.
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I am not an attorney. I am a nonlawyer document preparer and provide document preparation only, at your direction. I cannot give legal advice. This guide is educational information only.
Prepared by Jonathan Rexford, Nonlawyer Document Preparer and Florida Notary Public, Vero Beach, Florida · 772-321-2290 · jonathan@notarynearmenow.com