Detailed Answer

In Florida, when a person dies without a will (intestate) and certain conditions are met, you can use a small estate affidavit—often called an heirship affidavit—to collect assets without formal probate. This process is governed by Chapter 735 of the Florida Statutes.

Step 1: Confirm Eligibility

The decedent was a Florida resident for at least 60 days before death.
No application for administration has been filed within four months of death (F.S. §735.201).
Total value of the estate’s personal property in Florida does not exceed $75,000 (F.S. §735.301).

Step 2: Gather Required Information

Decedent’s full name, date of death, and last known address.
List of all heirs and their relationships (spouse, children, parents, siblings).
Description and estimated value of each asset (bank accounts, vehicles, personal property).
Copy of death certificate.

Step 3: Prepare the Affidavit

Create the affidavit following the statutory requirements:

Title it “Small Estate Affidavit” and identify the decedent.
State that no administration was filed within four months of death (F.S. §735.401).
List each heir, their relationship to the decedent, and their address.
Detail each asset claimed, its fair market value, and location.
Include a statement that all listed assets are under the statutory value limit.
Swear under oath that the information is true and correct.

Step 4: Sign and Notarize

All affiants (heirs) must sign before a Florida notary public. Ensure the notary’s seal and date are on the affidavit.

Step 5: Present the Affidavit

Provide the affidavit and a certified copy of the death certificate to any person or institution holding the property (banks, DMV, etc.). They have 20 days to release assets after receiving the affidavit. If they refuse, you may file a petition in probate court.

Helpful Hints

Double-check asset values to stay under the $75,000 limit.
Obtain certified copies of the death certificate early to avoid delays.
Keep detailed records and copies of all documents you submit.
Contact the Florida Clerk of Court in the decedent’s county for local forms or filing requirements.
If the estate exceeds limits or involves real property, consider formal probate and consult an attorney.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. For personalized guidance, consult a qualified attorney in Florida.