FAQ — Which assets belong on a Florida small‑estate affidavit?

Short answer: In Florida you must list assets that are part of the decedent’s probate estate in Florida (property that must pass through probate). Do not list assets that pass automatically outside probate (for example, joint‑titled property with right of survivorship, properly designated pay‑on‑death or beneficiary accounts, and most life insurance or retirement accounts with named beneficiaries). If in doubt, disclose the item and describe why you believe it is nonprobate. Never intentionally leave out probate assets or knowingly give false values — the affidavit is a sworn document and false statements can carry criminal penalties.

Detailed answer — how to decide what to include

1. Know which Florida procedures might apply

Florida has several simplified procedures for small or simple estates. Two you should know:

• “Disposition of personal property without administration” — see Florida Statutes, Chapter 732. For the statute, see: Fla. Stat. §732.401.
• “Summary administration” — a shortened probate when the assets subject to administration meet statutory conditions (for example, a small value or the decedent died more than two years earlier): Fla. Stat. §735.201.

Which procedure applies affects what you must list. If you are using an affidavit under Chapter 732 or are pursuing summary administration under Chapter 735, check the statute text and local court rules to confirm eligibility.

2. Distinguish probate assets from nonprobate assets

Only probate assets normally go on a probate inventory or an affidavit meant to collect probate property. Common categories:

• Probate assets (usually include): assets titled solely in the decedent’s name, personal possessions, some bank accounts titled only in the decedent’s name, personal property in Florida that lacks a beneficiary designation.
• Nonprobate assets (usually do not require listing as probate assets): assets that pass by operation of law or contract outside probate — for example, joint tenancy with right of survivorship, tenants by the entirety, payable‑on‑death (POD) bank accounts, accounts with named beneficiaries (retirement, IRAs, life insurance), and assets held in certain types of trusts.

If an account or asset is nonprobate, you may still tell the institution or court that it exists and why it is nonprobate (for transparency), but it is typically not included as a probate asset with a probate value.

3. Practical rules for listing assets on an affidavit

1. List every probate asset you know about: describe it (type of asset), give a location (which bank, car VIN, physical location), and give your best reasonable value.
2. Do not use “zero” to hide value: use zero only if the item actually has no value. If you do not know the value, say “unknown” and give your estimate or state you will obtain an appraisal.
3. For accounts that are nonprobate: identify them and explain why you believe they pass outside probate (e.g., “Joint account with right of survivorship — no probate value to decedent’s estate”). That helps institutions and the court verify the statement.
4. For jointly owned property: indicate the joint owners and the form of ownership (joint tenancy, tenancy by the entirety). Do not list the whole asset as a probate asset if the surviving joint owner takes by operation of law.
5. Real property: generally not collectible via simple personalty affidavits. Real property commonly requires formal probate or summary administration. If real estate exists, identify it and be prepared that the court may require administration instead of a simple affidavit.
6. Be truthful and complete: an affidavit is sworn. False or intentionally misleading statements can lead to criminal charges for perjury (Fla. Stat. §837.02) and civil liability from creditors or other heirs.

4. Examples (hypothetical scenarios)

Example A — Solely titled checking account at a Florida bank, $4,000: list the account, bank name, last 4 digits, and $4,000 value. This is likely a probate asset.

Example B — Brokerage account with named beneficiary: mark it as nonprobate and state beneficiary name and how proceeds pass (do not count as probate asset).

Example C — Car titled only in decedent’s name, located in Florida, value $6,500: list the vehicle, VIN, and estimated value. If the value is modest and the total qualifies, you may be eligible to collect via the personalty affidavit or summary administration.

5. If you’re tempted to leave blanks

Only leave fields blank if they truly do not apply. If you do not know an answer, write “unknown” and state how you will obtain the information. Blank or zero entries that are misleading invite disputes, delay, and possible legal exposure.

6. Consequences of omission or misstatement

Omitting a probate asset can later expose you to claims by heirs, beneficiaries, or creditors. Misstating values can invalidate the affidavit and may lead to perjury charges or civil liability to those harmed by the omission. If you discover omitted assets after you have used an affidavit to collect property, notify the court or a lawyer promptly.

Steps to prepare a correct affidavit

1. Gather documents: bank statements, account titles, vehicle titles, policy statements, deed information, and beneficiary designations.
2. Confirm title and beneficiary status with institutions — ask the bank or company whether the asset is payable to the estate or to a named beneficiary or joint owner.
3. Make a written inventory that separately identifies probate items and nonprobate items (with reasons).
4. Estimate values conservatively or obtain appraisals for valuable items.
5. Use the statutory affidavit form or local court form if one exists, and follow the affidavit’s required language exactly.
6. Sign the affidavit under oath in front of a notary.

Check the statutes governing the process you plan to use: Fla. Stat. §732.401 (disposition of personal property without administration) and Fla. Stat. §735.201 (summary administration).

Helpful Hints

• Start by separating all assets into “probate” vs “nonprobate.” If unsure, flag the item for further verification.
• Do not list nonprobate assets as probate assets; instead, note them as nonprobate with the reason and documentation (beneficiary designation, joint title).
• Use “unknown” when you genuinely do not know a value and follow up with reasonable efforts to obtain a value.
• Keep copies of all communications with banks, insurers, and transfer agents; they will help if questions arise later.
• If the estate includes real property, larger accounts, or complex assets, consider summary administration instead of a simple affidavit.
• If the total picture is unclear or contested, consult a Florida probate attorney — mistakes are hard to fix after assets distribute.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, contact a licensed Florida attorney.